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

Thu Feb 17 13:44:40 EAT 2011

Thanks Walu,

I will try and respond to what I can and hope others with more expertise can 
chip in.
Are you suggesting that WHO gets appointed is not as critical as the 
representative structure of the Commissioners? I do not want to deliberate more 
on that without taking sides as I also have an opinion and may understand where 
you are coming from. 

Yes this new Draft Bill does outline the representative structure of the persons 
to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess 
suitable qualifications, expertise and experience in the fields of, amongst 
others, broadcasting, telecommunications, law, media and economics, or any other 
related expertise or qualifications" (I have ignored some of the obvious 
editorial errors which are mostly punctuation and an Editor can sweep through 
this).

We will discuss terms of Office tomorrow but suffice it to say that the 
Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets 
revisit this kesho. 

[AN ASIDE: Walu, you are my friend...and I know you like reading....si you read 
this Bill please...it is in the Ministry website 
http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
 and it will answer a number of your queries. It is not very long:-)))].

Best Regards,
Nyaki

________________________________
From: Walubengo J <jwalu at yahoo.com>
To: Catherine Adeya <elizaslider at yahoo.com>
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Thu, February 17, 2011 11:08:57 AM
Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to 
the Commission

Nyaki,

plse update me. in the old act had defined a representative nature of the 
board/commissioners along the lines of someone from say Broadcast, Consumer, 
Technical, Legal, Govt Reps, etc.  Does this new bill take care of this?

I think more than WHO gets appointed, we need to redefine representative 
structure of the commissioners.  Otherwise you might get all the seven coming 
from a technical background (disaster ;-).

The other bit would be define limited terms for the commissioners (2terms), and 
possibly have parliament endorse the nominated Chairperson (even though the 
current stalement in parliament does not seem to support this view, but assume 
an american type of congress approval method here).

walu. 

--- On Thu, 2/17/11, Catherine Adeya <elizaslider at yahoo.com> wrote:

>From: Catherine Adeya <elizaslider at yahoo.com>
>Subject: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the 
>Commission
>To: jwalu at yahoo.com
>Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
>Date: Thursday, February 17, 2011, 4:30 AM
>
>
>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):
>
>
>HELP! I am supposed to be a moderator, but who understands this or can make it 
>simpler but clearer. It definitely needs to change.
>
>
>Best Regards,
>
>
>Nyaki
>
>
>
>
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>
>
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