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

Fri Feb 25 17:13:29 EAT 2011

Thanks for running this crucial conversation!!! Yeah Kictanet!

 I am a lawyer, but not licensed in Kenya. It is likely infeasible to limit
the number of Kenyan commissions to those named in the constitution.

On Fri, Feb 25, 2011 at 4:06 PM, Catherine Adeya <elizaslider at yahoo.com>wrote:

> Thanks Warigia.......
>
> ------------------------------
> *From:* warigia bowman <warigia at gmail.com>
> *To:* elizaslider 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@
>> lists.kictanet.or.ke
>> > [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@
>> 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
>> >
>> > _______________________________________________ kictanet mailing list
>> > kictanet at lists.kictanet.or.ke
>> > http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was
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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
>
>
>

-- 
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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