[kictanet] Day 3: Functions of the Commission

Thu Feb 17 15:01:02 EAT 2011

Catherine - the small section you are mentioning has no listing
or even scope of the functions. It appears merely meant to
emphasise that the ICCK will take over the functions of the CCK.
I am also not sure whcih "Act" is referred to in 4(a) and 4(b) :

4. Functions of

Commission

4.(1) The Commission —

(a) must perform the duties imposed upon the former Commission by
or under the Act;

(b) may exercise and continue the exercise of the powers
conferred upon

the former Commission by or under the Act;

(c) subject to CHAPTER 4, Part 2 of the Constitution, must act in
a

manner that is consistent with the obligations of the Republic
under any

applicable international agreement.

(2) The Commission is subject to the Public Finance Management
Act,

1999 (Act No. 1 of 1999).

On Thu, 17 Feb 2011 03:22 -0800, "Catherine Adeya"
<elizaslider at yahoo.com> wrote:

Waudo,
As I had mentioned...the Functions we were discussing can be
found on pg. 4 Section 4 of the Draft Bill
([1]http://www.information.go.ke/index2.php?option=com_docman&tas
k=doc_view&gid=19&Itemid=37), it is not very long kindly refer, I
only outlined 2 that stuck out.
Best,
Nyaki
  ____________________________________________________________

From: waudo siganga <emailsignet at mailcan.com>
To: Catherine Adeya <elizaslider at yahoo.com>
Cc: KICTAnet ICT Policy Discussions
<kictanet at lists.kictanet.or.ke>
Sent: Thu, February 17, 2011 10:54:55 AM
Subject: Re: [kictanet] Day 3: Functions of the Commission
Dear Catherine, all,
I am sorry but up to now I do not know the functions of the ICCK.
Is the new Act supposed to be read together with some
previous Acts (98 Communications Act and the Amendment Act)?
Where are these functions articulated and why are they not put
explicitly in this Act? How can we be sure that that the
functions allow for Independence when we are not clear about what
the functions are? I don't think it is enough to just say that
the ICCK will carry on the functions of the CCK when the
agreement is that the CCK has not been independent.  Functions,
functions, functions. Someone please tell me the functions which
we were supposed to be discussing yesterday.

Waudo
On Wed, 16 Feb 2011 17:30 -0800, "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):

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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References

1. http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
2. http://lists.kictanet.or.ke/mailman/listinfo/kictanet
3. http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.com
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