[kictanet] To save CA from bullies, restore its autonomy and independence

Wed Jan 24 22:20:58 EAT 2018

Thanks Grace for taking us down memory lane. 

See Wangusi's viewpoint on what constitues an Independence Regulator.
This was eight (8) years ago when he was not at the helm:

WANGUSI, FRANCIS WANGUSI AT CCK.GO.KE  [1]

_Wed Nov 17 13:21:30 EAT 2010_

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Hi Folks, May I take this opportunity to sway you away from the
monotony of discussing where the next forum for deliberating on the
two bills should be to the real issues in the two bills. The two bills
are for the creation of independent institutions of the Media Council
and the Independent Communications Commission of Kenya. I must pat the
drafters of these two bills on their backs for having identified the
actual areas of concern and their attempts to realign them with
articles 34 (3) & (5) of the constitution. It is important for us to
address the issues raised in this bills in an attempt to come up with
bills that will guarantee the existence of a wide range of independent
and autonomous media in the broadcasting sub-sector. of course
proportionate regulation is essential to guarantee the freedom of
media while at the same time ensuring a balance between that freedom
and other legitimate rights and interests. Perhaps most importantly in
order to preserve broadcasting as part of the democratic process, we
should aim at creating independence in regulatory institutions dealing
with broadcasting in the sector. the question that begs in the minds
of many is who is real an independent regulator? According to Eva
Solomon, an independent regulator can be obtained by using the
following criteria; · Means of appointment: should be clearly set out
in law and should be done in a democratic and transparent manner. ·
Remit of the regulatory authority: duties and responsibilities of an
independent regulator should be clearly set out in law as should the
means through which they will be held accountable. · Terms for
termination of appointment: one of the most invidious ways in which a
regulatory authority can be subject to political pressure and
influence is through the threat of dismissal. Thus the law must state
clearly the factors which may lead to dismissal. · Funding: funding
can be used as a means of exerting political pressure. Terms of
funding should be set out in law, and whenever possible be kept
separate from any potential political interference. · Conflicts of
interest: apart from being independent of political forces, members of
the regulatory authority must be free from any potential personal
conflict of interest with the broadcasting sector. Perhaps, based on
the above arguments, folks; you can analyze the two bills and see if
they actually meet the above criteria and/or propose appropriate
changes in order to expedite the process before the next forum. I want
to propose that in order to overcome the potential contravention of
chapter 15 of the new constitution, the Independent Communications
Commission of Kenya be named Independent Communications Regulatory
Authority of Kenya (ICRAK). From: kictanet-bounces+wangusi=cck.go.ke
at lists.kictanet.or.ke [8] [mailto:kictanet-bounces+wangusi=cck.go.ke
at lists.kictanet.or.ke [8]] On Behalf Of Walubengo J Sent: Wednesday,
November 17, 2010 11:15 AM To: Wangusi, Francis Cc: KICTAnet ICT
Policy Discussions Subject: Re: [kictanet] Independent Communications
Commission ofKenya-Policy Process 

Best regards

Githaiga, Grace

On Wednesday, 24-01-2018 at 20:09 Grace Mutung'u (Bomu) via kictanet
wrote:

Kelvin, 
Please refer to the thread "independent Communications Commission of
Kenya" that gives diverse views on what independence means (for
example,  functional and financial independence) and how in the end,
the communications law was amended. This background supports the
points that Jaindi is raising that interdependence between the
Authority and Ministry should only be at policy and not financial
level. 
Thread starts
here https://lists.kictanet.or.ke/pipermail/kictanet/2010-November/031757.html

On 24 Jan 2018 10:48 am, "Ali Hussein via kictanet"  wrote:

@Kevin

I like your response. The interplay between independence and
interdependence. :-) 

I fully agree with you.

I have one issue though and this is one of Corporate Governance. The
monies we are talking about are not small change in the scheme of
things. A million here and 25 million there..This adds up.

No organization worth its salt should be run 'Kiholela' like that.
With all due respect to the Mandarins at the MOICT. They should know
better. The right way to do things is to sit with the CA and have a
discussion at the end of every year as to which activities they would
like CA to fund. These then should be consolidated and ExComm
(Executive Committee of the Senior Management Team at CA) presents
this to the Board of Directors for ratification and it becomes a
budget item and above board.

The CA is a critical institution and the goings on there smack of
machinations to control the billions that CA has in its budget. It's
wrong for MOICT to treat the CA budget as its personal piggy
bank/slush fund. The MOICT has a vote. Let it live within its means
like we all do. And in case they are unable to the paragraph before
this should be a guideline on how to go about it so that no one is
exposed.

Lastly, I also think what the Director General did, if the reporting
has any truth to it is wrong. He simply should not have the power to
approve extra-judicial budget items. This leaves him vulnerable later
to manipulation. Let there be clear procedures on how these things are
done. At the Boards that I sit in that in itself is a firing offence.
Let us not expose our heads of government agencies to such
manipulation. It is akin to abuse of power by MOICT. It simply is not
acceptable.

Regards

Ali Hussein

Principal

Hussein & Associates

Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim [9]

13th Floor , Delta Towers, Oracle Wing,

Chiromo Road, Westlands,

Nairobi, Kenya.

Any information of a personal nature expressed in this email are
purely mine and do not necessarily reflect the official positions of
the organizations that I work with. 

On Wed, Jan 24, 2018 at 3:37 PM, Kevin Kamonye via kictanet  wrote:

I am eagerly waiting for the report of the audit that is being
currently conducted. This and the responses thereafter will give a
clear indication of the situation at the CA.

As for the letters regarding the request of funds, I do not find any
issue with this. The only condition is that these funds must be
accounted for and even better a report written about the official
activities that were attended to by whom, where and also what returns
are to be gained from the engagements. And further follow up until the
intended goals are achieved.

Our institutions need to be independent, yes. They are also
inter-dependent. Having the PSs of the ICT or other Ministries does
not have to be bad thing. It in fact can serve as a way to expedite
decision making and enhance cooperation - basically doing away with
inter-institutional bureaucracy. 

Regards,

Kevin

On 24 January 2018 at 13:06, Barrack Otieno via kictanet  wrote:

Listers,

In Summary

	* Surely, somebody must be made to answer for those letters.
	* This is the sector that gave Kenya global leadership in mobile
banking.
 https://www.nation.co.ke/oped/opinion/To-save-CA-from-bullies-restore-its-autonomy-and-independence/440808-4275382-a055q6/index.html

PS. Its sad to see what is happening at CA because we debated
extensively on this list the process that gave it its autonomy. I am
confident the team at the helm of the ministry has what it takes to
put us back on the correct path.

Regards

-- 
Barrack O. Otieno
+254721325277 [10]
+254733206359 [11]
Skype: barrack.otieno
PGP ID: 0x2611D86A

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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.

KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and
bandwidth, share knowledge, don't flame or abuse or personalize,
respect privacy, do not spam, do not market your wares or
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[2]
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[3]
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[4]
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