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

[Grace Githaiga]

Dear Listers
 
KK, Lydia, Rachael, Solomon and Erick, your insight into issues of today’s debate are very well taken in.
 
KK, thanks for pointing out that the draft is silent on the appointment procedure of the Chair.  You and Erick are also right that the appointment of MCK members is outside Judicial Service Commission’s constitutional mandate.
 
Solomon, right on point on the need to be vigilant on all Chairs of Constitutional bodies being drawn from one profession. But most important I agree with you that young people should not be locked out by the 10 year requirement. On a light note, maybe we still want them to be ‘future leaders’J .
 
Erick, you have given us an insight into what might have informed the drafters, and the fact that the appointment process might have been borrowed from JSC Bill. You have also enlightened us on other jurisdictions of Uganda, Tanzania and South Africa. I believe with this background, we will be able to strengthen this document and have an MCK that has the advantage of being informed by other examples and therefore adopt what is relevant.
 
Lydia, thanks for providing the case of Rwanda Media Council and their example of the Cabinet appointment process. You have raised a concern of how governments have tended to respond to media’s of lack of professionalism and ethical issues namely through punitive legislation and statutory Media Councils. And now thinking aloud, could the Kenyan government be doing the same? 
Your concern on the independence of MCK has been noted, as well as the need to have a Chair who can rise above interests of those represented in the council when it comes to decision making.
 
And finally Racheal, thanks for reminding us that Cabinet Secretaries will no longer be politicians. I mean the practice has been for politicians to hold Ministerial positions. I therefore imagine we need to keep reminding/locate our thinking in the new dispensation. 
 
And finally Listers, here is a summary of the issues raised today:

1.            The appointment of MCK members should be done independently and
be outside the control of the government to promote freedom of expression and prevent state actors from interfering with the independence of the media
2.            The seat of the chairperson of the MCK should not be limited only to an Advocate of the High Court. It should be open to all council members.
3.            Stakeholders in the media industry as well as other professionals should have a say in who gets appointed to the MCK.

4.            The JSC should not be the body mandated to make appointments to the MCK. It should be considered that this role be played by the Cabinet Secretary with participation of the Industry.
1.      Does the requirement for having at least ten years experience in
the professions mentioned in Section 7(c) have the consequence of
locking out the youth from positions in the MCK?
 
Rgds
Grace
 
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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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