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

Wed Feb 23 14:12:12 EAT 2011

Your comments are much appreciated Walu!
Nyaki

________________________________
From: Walubengo J <jwalu at yahoo.com>
To: Catherine Adeya <elizaslider at yahoo.com>
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Wed, February 23, 2011 11:06:57 AM
Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to 
the Commission

On appointments of Commissioners, it says on Pg5, that they should:

(ii) possess suitable qualifications, expertise and experience in the fields of, 
amongst others, broadcasting telecommunications , law, , media, and economics, 
or
any other related expertise or qualifications.

I know we cannot fit in ALL the relevant professions but methinks leaving out IT 
(Information Technology) would be quit a loud gap considering this commission is 
supposed a converged commission that put together Media, IT and Telecoms.

walu.  
--- On Thu, 2/17/11, Catherine Adeya <elizaslider at yahoo.com> wrote:

>From: Catherine Adeya <elizaslider at yahoo.com>
>Subject: Re: [kictanet] Day 4: Consitutions and Appointment of  Commissioners to 
>the Commission
>To: "Walubengo J" <jwalu at yahoo.com>
>Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
>Date: Thursday, February 17, 2011, 1:44 PM
>
>
>Thanks Walu,
>
>I will try and respond to what I can and hope others with more expertise can 
>chip in.
>Are you suggesting that WHO gets appointed is not as critical as the 
>representative structure of the Commissioners? I do not want to deliberate more 
>on that without taking sides as I also have an opinion and may understand where 
>you are coming from. 
>
>
>Yes this new Draft Bill does outline the representative structure of the persons 
>to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess 
>suitable qualifications, expertise and experience in the  fields of, amongst 
>others, broadcasting, telecommunications, law, media and economics, or any other 
>related expertise or qualifications" (I have ignored some of the obvious 
>editorial errors which are mostly punctuation and an  Editor can sweep through 
>this).
>
>We will discuss terms of Office tomorrow but suffice it to say that the 
>Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets 
>revisit this kesho. 
>
>
>[AN ASIDE: Walu, you are my friend...and I know you like reading....si you read 
>this Bill please...it is in the Ministry website 
>http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
> and it will answer a number of your queries. It is not very long:-)))].
>
>Best Regards,
>Nyaki
>
>
>
>
________________________________
From: Walubengo J <jwalu at yahoo.com>
>To: Catherine Adeya <elizaslider at yahoo.com>
>Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>Sent: Thu, February 17, 2011 11:08:57 AM
>Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to 
>the Commission
>
>
>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
>>
>>
>>
>>
>>-----Inline Attachment Follows-----
>>
>>
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> 

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