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

[Catherine Adeya]

Barrack,

Thanks do remember you posted your question way before any debate began and I 
did request that you bring it up again. Frankly, I am not sure how to respond to 
this but I have included it in the issue for further debate in the Stakeholder's 
Forum. 


Best,

Nyaki




________________________________
From: Barrack Otieno <otieno.barrack at gmail.com>
To: Catherine Adeya <elizaslider at yahoo.com>
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Sat, February 19, 2011 1:24:51 AM
Subject: Re: [kictanet] Fw: Summary Day 1: Debate on the Independent 
Communications Commission of Kenya Bill 2010

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 theissue 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 aresponse 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
Afriregister Ltd (Kenya)
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