[kictanet] Day 3: FUNCTIONS OF THE COMMISSION

[waudo siganga]

Walu - I also thought on the same lines as you have.
Waudo

On Wed, 16 Feb 2011 23:55 -0800, "Walubengo J" <jwalu at yahoo.com>
wrote:

Waudo,
now your point brings in a question that I have always wondered -
the thin line between the ICT Regulator (cck) and the Policy
Agency (Communication Secretariate). Before Eng. Kairuki says the
clarity is there in the Communications Acts, I find that the
practice may not be as clear cut...
On paper, the Communication Secretariate is mandated to develop,
publish and represent govt policy on all ICT matters -which it
does.  However, with the Regulator strongly representing the
Kenya position at most of the ITU meetings one is tempted to
wonder why not raise the profile of the Secretariate to expound
on policy at the international fora? Am talking voting power at
ITU going to the Secretariate rather than residing with the
Regulator...i know its a tall order given that the structure at
ITU expects the regulator to call the shots but from a governance
point of view, policies should be matters for the policy
department (Communication Sec) and not the implementing dept
(CCK)
I know i could be getting into murky waters here, but I think the
new Bill should clearly define the thin line between policy
creation vs policy application - IN PRACTICE, the old bill does
this in theory. Does it?
walu.
--- On Wed, 2/16/11, waudo siganga <emailsignet at mailcan.com>
wrote:

  From: waudo siganga <emailsignet at mailcan.com>
  Subject: Re: [kictanet] Day 3: FUNCTIONS OF THE COMMISSION
  To: jwalu at yahoo.com
  Cc: "KICTAnet ICT Policy Discussions"
  <kictanet at lists.kictanet.or.ke>
  Date: Wednesday, February 16, 2011, 10:02 AM

I am having a problem putting together some aspects of this bill.
For example one of the functions of the current CCK is
dealing with the ITU. Now the ITU is an Inter-Governmental
Organization under the UN. This means that the CCK works with the
ITU on behalf of the Kenya Government. Decisions in the ITU are
taken by voting with each country having one vote. CCK has to
vote according to the instructions it receives from the
Government of Kenya. How do we tie this aspect with the earlier
requirement that the new commission "is independent of control by
government".

And just for better understanding, what is the role of the
National Communications Secretariat? The CCK has been working not
only with the ITU but with other entities like ICANN and the IGF
to FORMULATE policy while its role should have been limited to
IMPLEMENTING policy. Will the new ICCK continue policy
formulation function?

Waudo


On Tue, 15 Feb 2011 21:42 -0800, "Catherine Adeya"
<elizaslider at yahoo.com> wrote:

Hi Listers,
Today we move to SECTION 4 of the Draft Bill discussing the
FUNCTIONS OF THE COMMISSION

In my view the key issues for discussion are:


a) That the Commission must perform duties imposed upon the
former Commission by or under the Act?


b) The Commission may exercise and continue the exercise of the
powers conferred upon the former Commission by or under the Act;


Question: What is your take on this? In addition, is there any
major difference between the two issues?


Note: The other issues have to do with the Commission acting
subject to Chapter 4 of the Constitution and subject to the
Public Finance Management Act, 1999 (please refer to the Bill for
further emphasis).

If you have anything else on the other 2 days please send but
with the right subject header so we do not confuse issues for
those collating comments.

Best Regards, Nyaki

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