[kictanet] Day 3: Functions of the Commission

Thu Feb 17 21:37:33 EAT 2011

Waudo,

I did note that and I will also note that it would be helpful to flesh this 
section a little bit more. I will pass this on to the Drafters and hopefully you 
will get a more concrete response....

Thanks

Catherine

________________________________
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 3:01:02 PM
Subject: Re: [kictanet] Day 3: Functions of the Commission

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
Commission4.(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 
>(http://www.information.go.ke/index2.php?option=com_docman&task=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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>

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