<table cellspacing="0" cellpadding="0" border="0" ><tr><td valign="top" style="font: inherit;">There's something called the Communications Tribunal in the ICT sector which handles the disputes that have not reached consensus btwn (Telco) Operators, Users and/or the Regulator (CCK). I think it has worked fairly well and possibly the Media Council may borrow a page on how it is structured and how it works...It actually has judges and technical people as its membership...but their ruling can still be challenged in a high(er) court.<br><br>walu.<br><br><br>--- On <b>Tue, 2/1/11, k.k. ombati <i><kaykerubo@gmail.com></i></b> wrote:<br><blockquote style="border-left: 2px solid rgb(16, 16, 255); margin-left: 5px; padding-left: 5px;"><br>From: k.k. ombati <kaykerubo@gmail.com><br>Subject: Re: [kictanet] Media council Draft bill 2010 (Day Seven--Complaints and Dispute Resolution)<br>To: jwalu@yahoo.com<br>Cc:
kictanet@lists.kictanet.or.ke<br>Date: Tuesday, February 1, 2011, 2:06 PM<br><br><div class="plainMail">hey listers,<br>i find the set up of a commission separate from the MCK to deal with<br>disputes a great idea. That said it should not be that the<br>chairperson must be an advocate,given that the commission is not a<br>court of law and is therefore not bound by the rules of evidence or<br>civil procedure. Furthermore,i think the chair should be appointed by<br>the MCK.<br>Sections 28(2)&32 which deal with publication are too onerous.the<br>requirement to publish decisions in the gazette is not only<br>impractical but it also carries negative cost implications.i find that<br>the requirement for publication is met if the decisions are published<br>on a website.<br>The commission is not a high court and consequently its decisions<br>cannot be accorded the status of high court orders.<br><br>On 2/1/11, Grace Githaiga <<a
ymailto="mailto:ggithaiga@hotmail.com" href="/mc/compose?to=ggithaiga@hotmail.com">ggithaiga@hotmail.com</a>> wrote:<br>><br>><br>><br>> Good morning Listers<br>><br>> Today our focus is on Part IV of the Media Bill, which deals with Complaints<br>> and Dispute Resolution.<br>><br>> Article 24 provides for the establishment of a Complaints Commission which<br>> shall consist of five persons appointed by the Council, who shall not be<br>> members of the Council…<br>> (a) A chairperson who shall be a person who holds or has held a judicial<br>> office in Kenya or is an advocate of the High Court of not less than ten<br>> years.<br>> Question: Must this chair be permanently a lawyer?<br>> · Should the election of the Chair be provided for?<br>><br>> In article 28 (2)The Complaints Commission shall having heard the matter the<br>> subject of
the complaint, make a report, issue any decision…and shall<br>> publish its findings…<br>> Question: The article is silent on where these findings will be published.<br>> Where should they be published?<br>><br>> In 28 (3) The Complaints Commission shall communicate its decision to the<br>> parties concerned…<br>> Question: Should the mode of communication be specified?<br>><br>> Article 32 provides for publication of decisions…Every decision made by the<br>> Council or Complaints Commission in a matter the subject of a dispute shall<br>> be published in the Gazette.<br>> Question: Is this necessary that all decisions be on the gazette? Should<br>> other options be explored?<br>><br>> Article 34 provides for enforcement of decisions…A decision of the<br>> Complaints Commission, or the Council against which no appeal has been<br>> preferred within 30 days from the date on which the decision was
made shall<br>> be adopted and enforced as an order of the High Court.<br>> Question: Does the Complaints Commission have the powers of the high court?<br>><br>> We look forward to your active participation today.<br>> Have a great day.<br>> Rgds<br>> Grace<br>><br>><br>> -----------------------------------------------------------------------------------<br>> If you have the strength to survive, you have the power to succeed. Life is<br>> all about choices we make depending upon the situation we are in. Go forth<br>> and rule the World!<br>><br>><br>><br>><br><br>_______________________________________________<br>kictanet mailing list<br><a ymailto="mailto:kictanet@lists.kictanet.or.ke" href="/mc/compose?to=kictanet@lists.kictanet.or.ke">kictanet@lists.kictanet.or.ke</a><br><a href="http://lists.kictanet.or.ke/mailman/listinfo/kictanet"
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