[kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"

Fri Feb 25 15:20:20 EAT 2011

I am not a lawyer but in my opinion, the new constitution not cast on stone. 
There should be a provision of forming other Commissions apart from the only 
listed ones. However, if there none, and using of the words Commission in the 
name of the new regulatory authority can have a legal implication and slow down 
the process, then I support the suggestion of using a name without the word 
Commission.  To this end we can propose EITHER “Communications Regulatory 
Authority of Kenya (CRAK)” as suggested by Wangusi OR “Independent 
Communications Regulatory Authority of Kenya (ICRAK)”.

Regards

VKO

________________________________
From: warigia bowman <warigia at gmail.com>
To: volunga at yahoo.com
Cc: henry at article19.org; kictanet at lists.kictanet.or.ke
Sent: Fri, February 25, 2011 2:36:49 PM
Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications 
Commission of Kenya"

The independence of the CCK is very important

First, I think the constitution writers made a very bad decision in listing 
commissions in the constitution. However, it is unrealistic to expect them to 
have listed every single commission. Thus, other kk correctly points out that in 
the long run, other commissions will have to be made provision for. 

Second, the key to an independent commission is that the commissioners directors 
do not answer to a minister. They also should have some security of tenure, so 
that they cannot be removed by political figures, but rather, they are secure in 
their term of office in the absence of gross malfeasance. 

Third, there must be balance among commissioners, between the public, private 
and NGO sector. One potentially dangerous issue is that the CCK could become a 
board which responds only to corporate interests, while ignoring the consumer. 

Yours, Rigia

On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo at gmail.com> wrote:

hi listers,
>i would like to respond to 2issues: the first one being that the ICCK
>is not among the commissions listed in article 248 of the constitution
>and the second one that article 34(1)&(5) of the constitution only
>contemplates one body to regulate the media i.e media council
>1:on a careful reading of article 248(1) it states that '...this
>chapter applies to the commissions specified in clause (2)'..it does
>not say that those are the only constitutionally mandated commissions
>2:article34(5) refers to a the establishment of a body that sets media
>standards and we are all agreed that it is the media council.
>the role of the ICCK is to facilitate development of the
>telecoms,broadcasting sector so the functions of the 2 bodies are
>distinct and there is no contravention of s34(5) because the ONE BODY
>that it contemplates to regulate media standards is the MCK but this
>does not in way bar the establishment of the ICCK
>
>
>On 2/25/11, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>>
>>
>> Muriuki
>>
>> I think Wamuyu had raised the concern of which body (ICCK or the Media
>> Council) is envisaged in article 34 (5) of the Constitution.
>>
>> Having read the article, and having consulted with the a media lawyer Henry
>> Maina, the Director of Article 19, that envisaged body is the Media Council
>> which will in 5 (c) set media standards and regulate and monitor compliance
>> with those standards.
>>
>> This being the last day of this debate, and in which I believe we can make
>> any comments on any of the sections discussed, I  will reiterate that
>> article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to
>> the Media Council.
>>
>> Rgds
>> GG
>>-----------------------------------------------------------------------------------
>>-
>> If you have the strength to survive, you have the power to succeed. Life is
>> all about choices we make depending upon the situation we are in. Go forth
>> and rule the World!
>>
>>
>>
>>
>>
>>
>> From: mureithi at summitstrategies.co.ke
>> Date: Fri, 25 Feb 2011 08:03:36 +0300
>> Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications
>> Commission of Kenya"
>> CC: kictanet at lists.kictanet.or.ke
>> To: ggithaiga at hotmail.com
>>
>>
>>
>>
>>
>>
>> Indeed Catherine , the same issue was raised by Wamuyu Gatheru
>> I not a lawyer – but  the constitution  is supreme
>>
>>
>>
>> cheers
>>
>> Muriuki Mureithi
>>
>> The happiest of people don't necessarily
>> HAVE the best of everything;
>> They just MAKE the best of everything
>>
>>
>>
>> From: kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke
>> 
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke]
>> On Behalf Of Catherine Adeya
>> Sent: 25 February 2011 07:32
>> To: mureithi at summitstrategies.co.ke
>> Cc: KICTAnet ICT Policy Discussions
>> Subject: [kictanet] DAY 10: The Name "The Independent Communications
>> Commission of Kenya"
>>
>>
>>
>> Dear Listers,
>>
>> Today is the final day on the discussions on the Independent Communications
>> Commission of Kenya Bill 2010.  I think it would be worthwhile to revisit a
>> concern Mr Wangusi raised on the first day. He was concerned that in the new
>> Constitution -- specifically  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 of the Constitution
>> and should we suggest another name like “Communications Regulatory Authority
>> of Kenya” or something like that.
>>
>> We would appreciate your thoughts.
>>
>> Best Wishes,
>>
>> Nyaki
>>
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>
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-- 

Dr. Warigia Bowman
Visiting Assistant Professor
American University in Cairo
Global Affairs and Public Policy 
(office)(202)2615-4346
(cell) (201)05590948
warigia at aucegypt.edu

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