[kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission

[McTim]

Hi,

I think this is the crucial bit, and have been holding my comments until today.

On Thu, Feb 17, 2011 at 4:30 AM, Catherine Adeya <elizaslider at yahoo.com> wrote:
> Listers,
>
> As we continue our debate on the draft 'Independent Communications
> Commission of Kenya Billl 2010'  we recall how yesterday, we opened the
> discussion on the functions of the Commission where the key issue is that
> the ICCK will have to perform duties imposed on it by the former Commission.
> We did not have many contributions and I should not give my viewpoint too
> much but in this case indulge me. I believe the word ‘imposed’ must go.
>
> The other contribution was by Waudo mainly concerned with whether the ICCK
> will continue in its policy formulation function or whether it will be clear
> that it is meant to implement policy. He argued that since ICCK will take
> over whatever CCK has been doing then how does one deal with the aspect of
> being “independent of control by government” when in essence CCK votes at
> the ITU based on instructions from the Government of Kenya. If you want to
> continue anything on the Day 3 discussions kindly do so under the relevant
> header…contributions are still welcome.
>
> Today is Day 4 and  we move to:
>
>  SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO THE COMMISSION
>
> SECTION 6: DISQUALIFICATION
>
> SECTION 5:
>
> The Commission consists of 7 Commissioners appointed by the President on the
> recommendation of the Public Service Commission (PSC).
>
> Process:
>
> 1. Minister consults with PSC within 7 days of commencement of the Act ad
> declares vacancies and request for applications.
>
> 2. Application to be forwarded to PSC within 14 days of notice (by a
> qualified person or person/organization/group proposing qualified person)
>
> 3. PSC interviews and shortlists 2 people qualified for Chairperson and 9
> people for members
>
> 4. Within 7 days President appoints Chairperson and members.
>
> Question: Is this process fluid enough?
>
> Key issue I would also like you to consider:
>
> pg. 5, Section 5 (No. 3) about the type of person to be appointed, in a
> nutshell:
>
> - Committed to fairness, freedom of expression, etc.
>
> - Represents a large cross-section of the population
>
> I am particularly interested in No. 3 (ii) [which requires serious editing
> anyway, I have done a little of it below though still wordy]:
>
> (ii) Possess suitable qualifications, expertise and experience in the fields
> of, amongst others, broadcasting, telecommunications, law, media and
> economics; and any other related expertise.
>
> Question: What are your thoughts on the kind of Commissioners needed? Do you
> think there should be a little more here about the calibre of a Chairperson?
> Where do gender issues come in? Or rather gender balance as this is still a
> problem in many of these appointments in Kenya.
>
> SECTION 6:
>
> Disqualification: There is a whole list of reasons on pg. 6, Section 6 on
> people who cannot be appointed to the commission. It includes:
>
> - is not a Citizen of the Republic (I think this should be simply Kenya)
>
> - is a public servant or holder of any other remunerated position under the
> State
>
> - is an employee or employee of any party, movement..etc.
>
> - has been convicted of any criminal charges…
>
> Question: Read through and see if they are satisfactory? One that is not
> clear and in my view needs serious editing is:
>
> 6. (1) f.  A person may not be appointed as a Commissioner if he or she or
> his or her  business partner or associate holds an office in or with, or is
> employed by, any person or body, whether corporate or unincorporated, which
> has an interest contemplated in paragraph (f):

The intent is to make a truly independent Commission.  however, I
think there are very few ppl who have experience in the field
(broadcasting, telecommunications, etc) AND who do not have a
financial interest in the sector (and are not gov't employees or
political).  This obviously precludes folk who bought Safcom
shares/own an Mpesa distributor, etc.

What seems to be crucial is that in order to serve, these folk would
have to give up their day jobs/financial interests in the sector.   In
 order for this to happen, the level of compensation would have to be
adequate.  It is not (yet) specified, which may be a disincentive to
some otherwise good Comissioners.


-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A
route indicates how we get there."  Jon Postel