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

[Solomon Mburu Kamau]

Dear All,

On 27 January 2011 15:32, k.k. ombati <kaykerubo at gmail.com> wrote:

> 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.
>

I agree. The Chair of MCK should not be a person of the position of a judge
or a lawyer, because, essentially, if we let lawyers and judges be the
chairs of constitutional bodies, the other professionals will feel left
out.  This exclusivity should be avoided.
Still on article 7(c), I find it rather 'choosy'. Ten years experience?
Doesn't that lock out other interested groups - the youth to be specific -
from serving in this 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
> >
> >
> >
> -----------------------------------------------------------------------------------
> > 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!
> >
> >
> >
> >
> >
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> >
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>
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-- 
*Solomon Mbũrũ Kamau*

*****************************************************
*Man is a gregarious animal and enjoys agreement as cows will graze all the
same way to the side of a hill!*

AND

*It is better to die in dignity than in the ignominy of ambiguous
generosity! *

http://smiley2.wordpress.com
http://mburu.sikika.co.ke
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