[kictanet] Proposed Amendments to KICA in Statute Law Misc. Amendment Bill 2015

[Mwendwa Kivuva]

Thanks Kapiyo.

Ali, I second you. The amendments are very minimal. But the consequences
are huge.

>From first glance, what this amendments are doing is to dilute the laid
down constitutional safeguards, checks and balances. Giving the CS
unilateral powers is just dictatorship for a lack of a better word. KICA,
and the Constitution envisaged a regulator free from any political, and
government interference. And the court has ruled severally on the place of
CA in our society.

And changing the law when things are not going your way is the high road to
chaos.

*This is what the KICA says: "5B.* Independence of the Authority
Except as provided for under this Act or any other law, the Commission
shall exercise its functions independent of any person or body."

*Constitution of Kenya, Article 34*
(5) Parliament shall enact legislation that provides for the establishment
of a body, which shall—
(a) be independent of control by government, political interests or
commercial interests;
(b) reflect the interests of all sections of the society; and
(c) set media standards and regulate and monitor compliance with those
standards.


All issues of dominance have been passed from CA to CAK. I don't know what
the community feels about that. When Safaricom and Airtel dominance war was
highly heated, CAK "seemed" to support Safaricom, and CA "seemed" to
support Airtel. Does this then mean that Safaricom has pulled the rug under
Airtel's feet?

Maybe we can have a structured response and give input to "The Statute Law
(Miscellaneous Amendments) Bill, 2015"

Regards

______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on
higher ground in that lifetime." - Maxwell Anderson


On 14 October 2015 at 18:00, Ali Hussein via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Victor
>
> Thanks for sharing. Even without reading the proposed amendments I raise a
> serious red flag regarding the proposed abrogation of powers that have to
> do with regulation to the executive. What then is the purpose of a
> supposedly independent CA?
>
> *Ali Hussein*
>
> *Hussein & Associates*
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>
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> Tel: +254 770 906375/ 713 601113
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> On Wed, Oct 14, 2015 at 4:44 PM, Victor Kapiyo via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Dear all,
>>
>> Pls see below, link to the Statute Law Misc. Amendment Bill 2015, which
>> proposes to amend several laws, including KICA.
>>
>> According to the objects and reasons:
>>
>> Kenya Information And Communications Act, of 1998 - Firstly to align it
>> with the Competitions Act, 2014 in respect of the criteria for being a
>> dominant market undertaking and secondly to harmonize the regulation making
>> power so that it is exercised by the Cabinet Secretary in consultation with
>> the Authority.
>>
>> The Competition Act (No. 12 of 2010 -  The Bill seeks to amend the
>> Competition Act so as to clarify that the power to Prescribe, as specified
>> in the Act is to be exercised by the Cabinet Secretary in consultation with
>> the Authority.
>>
>>
>> http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/StatuteLaw__MiscellaneousAmendmens_Bill_164of2015.pdf
>>
>> Victor Kapiyo
>>
>> ====================================================
>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>> Ziglar*
>>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
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