[kictanet] Media council Draft bill 2010 (Day Five--tenure of office of Council members )

[ERICK ngaira]

Dear All,

I agree Section 7 and 10 are more or less a duplication, and should be
merged for clarity.

In regard to tenure of members , It should only be for a mximun of two terms
and a new chair should be elected every term.

Election should be by secret ballot by the Council Members.

Regards.



On 28 January 2011 16:00, Solomon Mburu Kamau <solo.mburu at gmail.com> wrote:

> Listers,
>
> There is a duplicate between Article 7  & Article 10 of the Bill.
> Article 7,  provides for the qualification of Chair and other Members
> of the Council, while Article 10, in a way, provides for the
> requirements for appointment to the commission.
> They, as Toby has said, should perhaps be merged.
>
> On the question off tenure of the office of Council members, my
> opinion is they should only be allowed a re-appointment for one morer
> term to avoid domination and 'over-stays'.
> Further, the Bill does not provide for the procedures of the election
> of members apart from the chair.  Will they be appointed by the JSC,
> CJ, KUJ etc? Will the election by proxy, acclamation or secret ballot?
> I think in line with democratic principles, they should be elected
> from among the membership sitting at the Council, like what LSK does.
>
> To another view, the government reserved a third of positions in
> public bodies to women. Therefore, does this mean out of the seven
> members appointed (Article 6), three should be women? If so, just
> wondering, will the other interested groups - the disabled,
> marginalized, youth etc - be considered?
>
> Nice weekend.
>
> On 28/01/2011, toby at law-democracy.org <toby at law-democracy.org> wrote:
> > Hi all,
> >
> > I hope you will not mind if I make a few comments on yesterday's
> > discussion before moving on to the topic of today. Sorry to be late
> again,
> > but I'm sort of in transit (actually, I spent 12 hours in plane
> yesterday,
> > only to return to my starting point because we could not land at the
> > destination!).
> >
> > The Bill does provide for the appointment of the Chair (section 8(6 or
> > really (7)), but I agree that it would be preferable for the group to
> > appoint its own Chair and this is a common practice.
> >
> > A few comments on the debate about independence, on the one hand, and the
> > role of the judiciary, on the other. I am very sensitive to Lydia's point
> > about capture of these bodies by government and of course the Rwandan
> > Council is a disaster on this point. But to be honest, that was one area
> > where I felt this draft Bill was pretty good. Of course its independence
> > rests heavily on the independence of the judicial bodies and individuals
> > involved, but otherwise, it does have reasonably robust systems,
> including
> > the ability of anyone, or any group, to nominate and then the
> shortlisting
> > by the appointing Committee (although I would remove the representatives
> > from the Ministry of Justice and State Law Office from this Committee and
> > replace them with more independent people, probably not from the media,
> > since the other three members are already media representatives). So I
> see
> > the approach as a bit of a trade-off: perhaps excessive role for the
> > judiciary v. relatively strong guarantees of independence. I note that
> the
> > role of the JSC is simply to establish the appointing Committee. I'm not
> > sure which other body could be trusted with this.
> >
> > So, my tweaks would be to change the composition of the appointing
> > Committee (which is the most important decision-maker in this process),
> > allow the body to elect its own chair and remove the requirement for the
> > chair to be eligible for appointment as a High Court judge.
> >
> > On today's questions:
> >
> > 1) Grace is right to point out the duplication and to some extent
> > contradiction between sections 7 and 10. Probably they should be
> > integrated.
> >
> > 2) I have already commented on the Chair. I don't see a particular
> problem
> > with the Chair being reappointed, but there should at least be another
> > election.
> >
> > Best, Toby
> >
> >
> > ___________________________________
> > Toby Mendel
> >
> > Centre for Law and Democracy
> > toby at law-democracy.org
> > Tel:  +1 902 431-3688
> > Fax: +1 902 431-3689
> > www.law-democracy.org
> >
> >
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>
> --
> Sent from my mobile device
>
> *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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