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

[k.k. ombati]

hi,
im not sure i like the idea of the appointees being endorsed by
parliament,it could lead to much political intreference and could be
used to hinder some people from being appointed.
i also dont see why the chair should have a longer term than other
members and the term should be reduced to 3 years,with a maximum of
two terms served.
also gazettment of vacancies and appointments should be done by the
cabinet secretary.
section6(1)(f) has a typo and it shld refer to(i) not (f
sections 6(1)(i) and (f) are unrealistic;what does financial interest
encompass?does it mean if my sister works for safaricom,i am
diqualified from board membership.

On 2/17/11, Walubengo J <jwalu at yahoo.com> wrote:
> 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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> -----Inline Attachment Follows-----
>
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