[kictanet] Media council Draft bill 2010 (Day Four--Appointment of Chair/Procedure for appointment)

[Grace Githaiga]

Good Morning Listers,
 
Welcome to day four of our debate. 
 
Today, we will focus on the appointment of the Chairperson of the Media Council, and procedure for appointment of Council Members.
 
The Appointment of the Chairperson Article 7 (2)
The chairperson of the Commission shall be a person who is qualified to hold the office of judge of the High Court under the Constitution. 
 
Question: Should the Chair of a Media Council be drawn from the legal profession? 
 
Article 8 (1) The Chief Justice shall, within fourteen days of the commencement of this Act, and every time vacancies shall arise in the Council, by notice in the gazette declare such vacancies in the Council and request for applications.
(2) An application under subsection (1) shall be forwarded to the Judicial Service Commission within fourteen days…for purposes of considering applications, interviewing and short listing at least three persons qualified for appointment as chairperson and nine persons qualified for appointment as members.
 
Question: 
 
a)      Article 161 (2) of Kenya’s constitution states that the Chief Justice is the head of the judiciary.  Should his duties also extend into the appointing authority for MCK?
 
b)      The mandate of the Judicial Service Commission (JSC) as stated in article 172 of Kenya’s Constitution is for the judiciary. Should JSC then extend its mandate to the Council when its mandate is so clearly stated in the Constitution? 
 
c)      What would be the alternative appointing authority? 
 
Once again, we would like to hear your comments/views on these critical issues. 
 
Rgds
Grace

 
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