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

[k.k. ombati]

Hi,
Firstly,I think its unrealistic to decide that the chairman of the MCK
must be lawyer and one qualified to be a judge at that.That is too
exclusive...i think the postion of chairperson should be open to
anyone sitting on the Council.

Secondly,the Act has failed to state how the appointment of
chairperson will be done,will it by election by existing council
members or nomination or are they to be appointed by the appointing
authority.

thirdly,to mandate the JSC to appoint members of the MCK is oustide
the constitutional mandate of the JSC,I would propose that
professional bodies drawn from those professions listed under
Section7(c) together with KUJ,Editors Guild and Media Owners
Association etc...each nominate someone to take up a position in MCK
with a number of seats,say four,reserved for media professionals only.


On Thu, Jan 27, 2011 at 12:48 AM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>
>
>
> 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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