[kictanet] Fw: Summary Day 1: Debate on the Independent Communications Commission of Kenya Bill 2010

[Barrack Otieno]

Nyaki,

I had posed a question about whether the term 'independent' was appropriate
, why must we stress the fact that it is independent whereas it is hinged on
the law?, sorry for persistence but i need some guidance on this.

Best Regards
On Thu, Feb 17, 2011 at 4:20 AM, Catherine Adeya <elizaslider at yahoo.com>wrote:

> This did not come through yesterday....do not know why...sorry...
>
> Nyaki
>
> ----- Forwarded Message ----
> *From:* Catherine Adeya <elizaslider at yahoo.com>
> *To:* Catherine Adeya <elizaslider at yahoo.com>
> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Sent:* Wed, February 16, 2011 9:29:52 PM
> *Subject:* Summary Day 1: Debate on the Independent Communications
> Commission of Kenya Bill 2010
>
>  Summary Day 1
>
> Some of the issues that came up on Day 1 are (any others will be
> comprehensively captured in a Report):
>
>
>
> 1.     Mr Wangusi was concerned that  in chapter 15 clause 248 (1&2) which
> establishes Commissions in this country, the ICCK name does not appear to be
> among those listed. So is this title in contravention to the Constitution
> and if another name like “Communications Regulatory Authority of Kenya” or
> something like that can be contemplated.
>
>
> 2.      He added that the independence of  the ICCK cannot be vested in
> the name but the powers conferred to by the law establishing so one lister
> believes we should discount the use of the word “Independent”.
>
>
> 3.    Muriuki suggested the  need for a policy framework that informs the
> Bill
>
>
> 4.      Muriuki further reiterated the issue that the Bill establishes a
> regulatory tool with constant use of the word ‘regulate’ when in essence the
> KCA Amendment Act recognizes  that is should ‘ facilitate development’ not
> ‘regulate’.
>
>
> 5.      G. Githaiga was concerned that CCK should not be the body that
> sets Media standards as currently stipulated in the Bill. This is similar to
> a query by Wamuyu that the Constitution refers to only on Media regulatory
> body…so is it the Media Council or CCK.
>
>
> 6.      Dr Ndemo gave a response from government was that on the issue of
> "is independent of control by government, political or commercial
> interests”, they wanted to create some sense of independence and
> neutrality.  They believe that MOA has no stake in
>
> Media Council since they harbour commercial interests.
>
>
> 7.      Muriuki concluded by expressing the following [verbatim] “The Bill
> sets a very high standard which  will be difficult to realise .  As we go
> through the rest of the document  that operationalise the preamble, let us
> consider  three dimensions of independence i.e. structural independence, financial
> independence and functionality. The Bill can provide structural independence
> but the rest are a function of the market and the effectiveness of the
> Commission.  When a market is a near monopoly, structural independence is
> inadequate to realise independence that is desired by the bill. It is
> worthwhile the near monopoly was a function  of the market   dynamics under
> the influence of the regulator”.
>
>
>
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-- 
Barrack O. Otieno
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