<html><head><style type="text/css"><!-- DIV {margin:0px;} --></style></head><body><div style="font-family:arial,helvetica,sans-serif;font-size:14pt"><div>Karibu then... and thanks. Kindly comment as much as you would like. We welcome all contributions. <br>Best,<br><br>Nyaki<br></div><div style="font-family: arial,helvetica,sans-serif; font-size: 14pt;"><br><div style="font-family: arial,helvetica,sans-serif; font-size: 13px;"><font face="Tahoma" size="2"><hr size="1"><b><span style="font-weight: bold;">From:</span></b> McTim <dogwallah@gmail.com><br><b><span style="font-weight: bold;">To:</span></b> Catherine Adeya <elizaslider@yahoo.com><br><b><span style="font-weight: bold;">Cc:</span></b> KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke><br><b><span style="font-weight: bold;">Sent:</span></b> Thu, February 17, 2011 7:28:36 AM<br><b><span style="font-weight: bold;">Subject:</span></b> Re: [kictanet] Day 4: Consitutions
and Appointment of Commissioners to the Commission<br></font><br>
Hi,<br><br>I think this is the crucial bit, and have been holding my comments until today.<br><br>On Thu, Feb 17, 2011 at 4:30 AM, Catherine Adeya <<a ymailto="mailto:elizaslider@yahoo.com" href="mailto:elizaslider@yahoo.com">elizaslider@yahoo.com</a>> wrote:<br>> Listers,<br>><br>> As we continue our debate on the draft 'Independent Communications<br>> Commission of Kenya Billl 2010' we recall how yesterday, we opened the<br>> discussion on the functions of the Commission where the key issue is that<br>> the ICCK will have to perform duties imposed on it by the former Commission.<br>> We did not have many contributions and I should not give my viewpoint too<br>> much but in this case indulge me. I believe the word ‘imposed’ must go.<br>><br>> The other contribution was by Waudo mainly concerned with whether the ICCK<br>> will continue in its policy formulation function or whether it will be clear<br>>
that it is meant to implement policy. He argued that since ICCK will take<br>> over whatever CCK has been doing then how does one deal with the aspect of<br>> being “independent of control by government” when in essence CCK votes at<br>> the ITU based on instructions from the Government of Kenya. If you want to<br>> continue anything on the Day 3 discussions kindly do so under the relevant<br>> header…contributions are still welcome.<br>><br>> Today is Day 4 and we move to:<br>><br>> SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO THE COMMISSION<br>><br>> SECTION 6: DISQUALIFICATION<br>><br>> SECTION 5:<br>><br>> The Commission consists of 7 Commissioners appointed by the President on the<br>> recommendation of the Public Service Commission (PSC).<br>><br>> Process:<br>><br>> 1. Minister consults with PSC within 7 days of commencement of the Act ad<br>> declares
vacancies and request for applications.<br>><br>> 2. Application to be forwarded to PSC within 14 days of notice (by a<br>> qualified person or person/organization/group proposing qualified person)<br>><br>> 3. PSC interviews and shortlists 2 people qualified for Chairperson and 9<br>> people for members<br>><br>> 4. Within 7 days President appoints Chairperson and members.<br>><br>> Question: Is this process fluid enough?<br>><br>> Key issue I would also like you to consider:<br>><br>> pg. 5, Section 5 (No. 3) about the type of person to be appointed, in a<br>> nutshell:<br>><br>> - Committed to fairness, freedom of expression, etc.<br>><br>> - Represents a large cross-section of the population<br>><br>> I am particularly interested in No. 3 (ii) [which requires serious editing<br>> anyway, I have done a little of it below though still wordy]:<br>><br>> (ii) Possess suitable
qualifications, expertise and experience in the fields<br>> of, amongst others, broadcasting, telecommunications, law, media and<br>> economics; and any other related expertise.<br>><br>> Question: What are your thoughts on the kind of Commissioners needed? Do you<br>> think there should be a little more here about the calibre of a Chairperson?<br>> Where do gender issues come in? Or rather gender balance as this is still a<br>> problem in many of these appointments in Kenya.<br>><br>> SECTION 6:<br>><br>> Disqualification: There is a whole list of reasons on pg. 6, Section 6 on<br>> people who cannot be appointed to the commission. It includes:<br>><br>> - is not a Citizen of the Republic (I think this should be simply Kenya)<br>><br>> - is a public servant or holder of any other remunerated position under the<br>> State<br>><br>> - is an employee or employee of any party,
movement..etc.<br>><br>> - has been convicted of any criminal charges…<br>><br>> Question: Read through and see if they are satisfactory? One that is not<br>> clear and in my view needs serious editing is:<br>><br>> 6. (1) f. A person may not be appointed as a Commissioner if he or she or<br>> his or her business partner or associate holds an office in or with, or is<br>> employed by, any person or body, whether corporate or unincorporated, which<br>> has an interest contemplated in paragraph (f):<br><br>The intent is to make a truly independent Commission. however, I<br>think there are very few ppl who have experience in the field<br>(broadcasting, telecommunications, etc) AND who do not have a<br>financial interest in the sector (and are not gov't employees or<br>political). This obviously precludes folk who bought Safcom<br>shares/own an Mpesa distributor, etc.<br><br>What seems to be crucial is
that in order to serve, these folk would<br>have to give up their day jobs/financial interests in the sector. In<br> order for this to happen, the level of compensation would have to be<br>adequate. It is not (yet) specified, which may be a disincentive to<br>some otherwise good Comissioners.<br><br><br>-- <br>Cheers,<br><br>McTim<br>"A name indicates what we seek. An address indicates where it is. A<br>route indicates how we get there." Jon Postel<br></div></div>
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