January 2011 - KICTANet

Re: [kictanet] Media council Draft bill 2010 (Day Four--Appointment of Chair/Procedure for appointment)
by Racheal Nakitare 28 Jan '11

28 Jan '11

Dear All I'm still rural siaya where power challenges persist hence I will be brief. I agree with most of you that the chair of the council must not be a judge and a legal profession because the council duties are not limited to arbitration. The office of the chief Justice is very busy with enough judicial concerns to address and may nit have time for media. I suggest that the members appoint their chair and the ministry be the appointing authority. According to the new constitution, the ministers won't be political appointees so the minister could perform those duties with the interest of industry players better. There is need to assert journalism the profession and recognition as the fourth estate. Racheal Sent from my iPhone On Jan 27, 2011, at 6:13 PM, Lydia Gachungi <Lydia.Gachungi(a)unesco.unon.org> wrote: Dear Listers, To contribute to this debate, let me start by quoting examples of what’s happening with similar media councils in the region in relation to government appointments . According to various International and regional media watchdog groups, a major challenge for the media especially in this region is the temptation by governments to respond to concerns about eg lack of professionalism and respect for ethical standards in the media with punitive legislation. They argue that this is what has in part informed government moves or attempts to pass restrictive media laws, including the establishment of statutory media councils like the current MCK. These Statutory media councils have ended up doing more to stifle free expression and press freedom than to promote professionalism and standards. If we take an example of the Rwanda’s Media High Council, which is also enshrined in the country’s constitution, and which is arguably the region’s most active statutory media council, although its independence is guaranteed both by the Constitution and the law, various media watchdog groups argue that since its members are appointed by the Cabinet from among representatives of different media stakeholders( 2 private media, 1 public media, 1 civil society, 1-private sector and 2 from central government), that the Media High Council tends to focus more on policing the media more than fulfilling its other mandate of promoting and protecting press freedom. Other statutory councils in the region, such as Uganda’s Media Council and Broadcasting Council attract similar charges of lack of independence or distance from the government, which appoints the members. Notably, many governments in the region have been involved in all these appointment and Kenya is not exceptional. The reality is that as long as the governments are involved in appointments, whether it is the chairman of the MCK or the other representative either by the relevant ministry or judiciary, independence can never be guaranteed. In order to address these challenges, there has been various attempts in different countries to create self-regulatory mechanisms in the region. Tanzania provides perhaps the longest-running self-regulation experience – and one from which lessons could be drawn for other countries in this region. Uganda also saw the establishment of a non-statutory regulatory body, the Independence Media Council of Uganda. However, the statutory Media Council and Broadcasting Council are still active and continue to overshadow the self-regulation mechanism. Rwanda also has the Rwanda Ethics Commission, a self-regulatory body that is a sub-committee of the Rwanda Journalists Association. In that case, for the MCK, the issue of who is the chair or appoints the same may not be as critical as whether their decision will be independent or influenced by the interests they represent in the board like many other statutory bodies in the region . The suggestion that more representatives from the media industry be appointed to the board all the more makes sense to also ensure that the MCK actually serves the people it represents. The board members should also elect their chair on revolving basis rather than having too much of government hand in MCK composition and management of its board meetings . That may then guarantee a degree of independence Lydia ERICK ngaira <erickngaira(a)gmail.com> Sent by: kictanet-bounces+lydia.gachungi=unesco.unon.org(a)lists.kictanet.or.ke 01/27/2011 05:38 PM To Lydia <lydia.gachungi(a)unesco.unon.org> cc kictanet(a)lists.kictanet.or.ke Subject Re: [kictanet] Media council Draft bill 2010 (Day Four--Appointment of Chair/Procedure for appointment) Dear all I am inclined to believe this was copy paste from the Judicial Service Commission bill,( drafting error) hence the reference to “the Chair of the Commission”. On the other hand, if that is not the case and indeed the drafters intention is to have an advocate as the chair then ,these are my comments . 1.In other jurisdictions , for example , Uganda, Tanzania , Southafrica, etc, - where I believe the drafters were borrowing from , the chair of the council is judge or retired judge, This is mainly because in these jurisdictions it is the Council that hears and determines complaints unlike the MCK. The MCK as constituted by both the 2007 Act and the 2010 Bill creates the Complaints Commission. It is the Commission that hears and determines complaints. The Chairperson of the commission is a person qualified to hold the office of a of the judge of the High Court. Therefore it is not necessary to make the chair of the Council a judge, even if the drafters were contemplating an appeal from the Commission to the Council, as provided for in section 33 of the bill, the Council already has a an advocate as a member and the can sit on the appeals Committee. In view of this, the position of Chairperson should be open to anyone sitting on the Council, and they should be elected by the other Council members. As far as membership to the counci goes, It would be prudent to have each of the professional bodies drawn from those professions listed under Section7(c) among other stakeholders, nominate someone to serve on the Council with a minimum number reserved for media profffesionals. 2. On he JSC being the appointing authority, I believe the idea was to make the MCK independent from the government in the spirit of article 34(5), however this is inconsistent with the provisions of article 172 that outline the mandate of the JSC. To that extent the provision is null and void as provided for in article 2(4) of the Constitution. On 27/01/2011, Solomon Mburu Kamau <solo.mburu(a)gmail.com> wrote: > Dear All, > > On 27 January 2011 15:32, k.k. ombati <kaykerubo(a)gmail.com> wrote: > >> Hi, >> Firstly,I think its unrealistic to decide that the chairman of the MCK >> must be lawyer and one qualified to be a judge at that.That is too >> exclusive...i think the postion of chairperson should be open to >> anyone sitting on the Council. >> > > I agree. The Chair of MCK should not be a person of the position of a judge > or a lawyer, because, essentially, if we let lawyers and judges be the > chairs of constitutional bodies, the other professionals will feel left > out. This exclusivity should be avoided. > Still on article 7(c), I find it rather 'choosy'. Ten years experience? > Doesn't that lock out other interested groups - the youth to be specific - > from serving in this Council? > > > >> Secondly,the Act has failed to state how the appointment of >> chairperson will be done,will it by election by existing council >> members or nomination or are they to be appointed by the appointing >> authority. >> >> thirdly,to mandate the JSC to appoint members of the MCK is oustide >> the constitutional mandate of the JSC,I would propose that >> professional bodies drawn from those professions listed under >> Section7(c) together with KUJ,Editors Guild and Media Owners >> Association etc...each nominate someone to take up a position in MCK >> with a number of seats,say four,reserved for media professionals only. >> >> >> On Thu, Jan 27, 2011 at 12:48 AM, Grace Githaiga <ggithaiga(a)hotmail.com> >> wrote: >> > >> > >> > >> > Good Morning Listers, >> > >> > >> > >> > Welcome to day four of our debate. >> > >> > >> > >> > Today, we will focus on the appointment of the Chairperson of the Media >> > Council, and procedure for appointment of Council Members. >> > >> > >> > >> > The Appointment of the Chairperson Article 7 (2) >> > >> > The chairperson of the Commission shall be a person who is qualified to >> hold >> > the office of judge of the High Court under the Constitution. >> > >> > >> > >> > Question: Should the Chair of a Media Council be drawn from the legal >> > profession? >> > >> > >> > >> > Article 8 (1) The Chief Justice shall, within fourteen days of the >> > commencement of this Act, and every time vacancies shall arise in the >> > Council, by notice in the gazette declare such vacancies in the Council >> and >> > request for applications. >> > >> > (2) An application under subsection (1) shall be forwarded to the >> Judicial >> > Service Commission within fourteen days…for purposes of considering >> > applications, interviewing and short listing at least three persons >> > qualified for appointment as chairperson and nine persons qualified for >> > appointment as members. >> > >> > >> > >> > Question: >> > >> > >> > >> > a) Article 161 (2) of Kenya’s constitution states that the Chief >> > Justice is the head of the judiciary. Should his duties also extend >> > into >> > the appointing authority for MCK? >> > >> > >> > >> > b) The mandate of the Judicial Service Commission (JSC) as stated >> > in >> > article 172 of Kenya’s Constitution is for the judiciary. Should JSC >> > then >> > extend its mandate to the Council when its mandate is so clearly stated >> in >> > the Constitution? >> > >> > >> > >> > c) What would be the alternative appointing authority? >> > >> > >> > >> > Once again, we would like to hear your comments/views on these critical >> > issues. >> > >> > >> > >> > Rgds >> > >> > Grace >> > >> > >> > >> ----------------------------------------------------------------------------------- >> > If you have the strength to survive, you have the power to succeed. Life >> is >> > all about choices we make depending upon the situation we are in. Go >> forth >> > and rule the World! >> > >> > >> > >> > >> > >> > _______________________________________________ >> > kictanet mailing list >> > kictanet(a)lists.kictanet.or.ke >> > http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> > >> > This message was sent to: kaykerubo(a)gmail.com >> > Unsubscribe or change your options at >> > >> http://lists.kictanet.or.ke/mailman/options/kictanet/kaykerubo%40gmail.com >> > >> > >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: solo.mburu(a)gmail.com >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/solo.mburu%40gmail.com >> > > > > -- > *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 > _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: lydia.gachungi(a)unesco.unon.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/lydia.gachungi%40unesc… _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: rachealnakitare(a)yahoo.co.uk Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/rachealnakitare%40yaho…

2 2

Re: [kictanet] Media council Draft bill 2010 (Day Three--Composition of Council )
by Racheal Nakitare 27 Jan '11

27 Jan '11

There is need for deliberate emphasis on industry. It is not neccessary to include other professions and if included then five of the seven must belong to the industry. There is also need for clear affirmative action where a third of the seven should be women / men who meet those requirements . Journalism and gender representation is critical. On chapter six of the constitution, the qualities of good leadership are clear. They may not be state officers but should prescribe to leadership and integrity principles. Having distinguished career is relative. Might be hard to measure/ qualify. Thanks Racheal. Sent from my iPhone On Jan 26, 2011, at 11:27 AM, Grace Githaiga <ggithaiga(a)hotmail.com> wrote: Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council (article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointment…if such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World! _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: rachealnakitare(a)yahoo.co.uk Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/rachealnakitare%40yaho…

6 6

MP[ESA down?
by Michael Ouma 27 Jan '11

27 Jan '11

Hi: I tried to withdraw Kshs 500 via MPESA from Stema Communications Ltd Tsavo Road @ around 3.30pm today. Then got this message: "Failed. There was a problem sending a confirmation SMS to 966002-Stema Communications Ltd Tsavo Road. Ask them to check the phone and try again." I tried to withdraw again and was sent the same message with my balance indicating that the Ksh 500 plus transaction fees had been deducted with no confirmation SMS being sent to either me or the MPESA agent. How can I recover this? Below is my phone number. Michael Ouma Journalist Kenya Tel:+254-725-537823 "Do not go where the path may lead, but go instead where there is no path and leave a trail," - Ralph Waldo Emerson

3 2

Overstretched Debate
by John Kieti 27 Jan '11

27 Jan '11

Esteemed Listers, There is need to avoid the risk of the list(s) becoming counterproductive. I think we should avoid over-stretching some of the debates. I am particularly referring to the debate on the MNO price wars touching on Bwana PS and others. Obviously, such overstretched debate has risks of unduly personalizing and politicizing things and ultimately diminishing the relevance of the list. Many legit points have been tabled and relevant government organs seem to have cleared the air in the mainstream media - I think we should move on based on the clarifications Best regards -- My Blog - www.gmeltdown.com ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' Keep on doing what you know is right ...

1 0

Re: [kictanet] Media council Draft bill 2010 (Day Three--Composition of Council )
by toby＠law-democracy.org 27 Jan '11

27 Jan '11

Hi all, Sorry for weighing in late on this one. I was travelling yesterday and of course the questions went out late. Generally speaking, although I am quite critical of the role of the Media Council re. journalists, and even question the need for such a body, I think the Bill does a pretty good job in terms of setting up the Council and, in particular, of ensuring its independence. Re. the question on areas of expertise, I find the list OK. Other areas such as policy, technology and business might be added. I think expertise on gender and human rights is a very important area. I don't think the focus should be on professional status so much as having a wide range of types of expertise that are relevant to the functions of the Council, most importantly applying the Code of Conduct. For this, what is needed is individuals who can, while understanding the importance of freedom of expression and the way the media functions, for example assess whether particular media output meets acceptable standards of taste (para. 9 of the Code), covers ethnic conflict appropriately (para. 11), and respects privacy (para. 13) - these are just random examples. I agree with Grace that it would be useful to include a requirement of gender representation. There was a suggestion that only journalists should be members. This is not appropriate for in this case, it would be a cosy club assessing itself. It is perhaps worth noting that in both of the two examples I gave early (UK and Indonesia), the relevant bodies include non-media members. The UK Press Complaints Commission always has a majority of members, including the Chair, who do not come from the media (even though it was established by the media) while the Indonesian Press Council has 5 members representing journalists, 5 representing media owners and 5 representing the general public (although again, like the PCC, all chosen by the media). Re. Chapter Six of the Constitution, I cannot claim to be an expert in Kenyan constitutional law and I did not even have a change to read these provisions. But when I read that provision in the Media Council Bill, I assumed the chapter set out various objective requirements, such as independent, integrity, etc. I don't think the intention is that members of the Council will be officials (this is just not in keeping with the whole tenor of the Bill). Furthermore, section 9(1)(g) of the Bill would appear to specifically preclude this. Re. distinguished career, I think the idea is to prevent nepotistic appointments (this would provide a basis for challenging an appointee who did not appear to be appropriate), rather than as a strict positive requirement. To this extent, it is probably useful. Toby ___________________________________ Toby Mendel Executive Director Centre for Law and Democracy toby(a)law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org On 26 Jan 2011, at 04:27, Grace Githaiga wrote: Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council(article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointmentif such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ___________________________________ Toby Mendel Centre for Law and Democracy toby(a)law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org

1 0

POWER EDGE RAID CONTROLLER PERC H200
by John Gachagua 27 Jan '11

27 Jan '11

Dear All, Am looking for the below DELL raid controller PERC H200 Integrated / Adapter 6Gb/s SAS PCI-Express 2.0 2x4 internal - - 0,1,10,supports Non-RAID 16 Hardware RAID the quantity is 2 of them with the cables for each. If you have this part or have a solid lead on how to source it please contact me. Regards, JOHN GACHAGUA P.O. BOX 52717 - 00200 NAIROBI CELL:0725903731,0735531093

1 0

Media Bill Discussion - Legal Provisions forStorage of Digital Content
by Edith Adera 27 Jan '11

27 Jan '11

Listers, IDRC has been supporting a research study “assessing the effects of ICTs on perceptions about agricultural biotechnology in Africa (case of Kenya and Burkina Faso)”. During this research in Kenya, one of the major challenges was getting agricultural radio scripts of past programs to undertake a content analysis. Most media stations write over their tapes and there is no way of retrieving content for research, and/or future use/posterity. What ever happened to our archiving systems? And preserving our national heritage? There is need for provisions in the law that enforce storage of aired digital content to facilitate related research activities and other “heritage” efforts. With the promotion of local content (60%?), this becomes ever more critical. Edith ________________ Edith Ofwona Adera Senior Program Specialist ICT4D Program and Climate Change & Water Program International Development Research Centre | Centre de recherches pour le développement international Regional Office for Eastern and Southern Africa Tel: +254202713160 | Fax/Téléc: +254202711063 | Skype: edithadera eadera(a)idrc.or.ke<mailto:eadera@idrc.or.ke> | www.idrc.ca<http://www.idrc.ca/> | www.crdi.ca<http://www.crdi.ca/> [https://email.idrc.or.ke/owa/attachment.ashx?id=RgAAAAANayfd3%2b2VQYZo%2flc…]

1 0

Registration for the Africa Internet (and Mobile) Entrepreneurs' Conference 2011
by Albert Mucunguzi 26 Jan '11

26 Jan '11

Dear All, Registration for the Africa Internet (and Mobile) Entrepreneurs' Conference, scheduled to take place on March 4, 2011 in Kampala is now open online. You can follow the link below to complete your registration. AFRIEC 2011 Registration page Enquiries can be submitted to the email: afriec(a)pctechmagazine.com Thank you and looking forward to seeing you. _____________________________ Albert Mucunguzi Team Leader PC Tech Magazine Mobile: +256 712 619812 / 782 619812 Website: www.pctechmagazine.com E-Mail: i(a)albertmucunguzi.com Twitter: @albertmuc Facebook: www.facebook.com/almuc Personal Web: www.albertmucunguzi.com Blog: www.pctechmagazine.com/blogs/almuc

1 0

Media council Draft bill 2010 (Day Three--Composition of Council )
by Grace Githaiga 26 Jan '11

26 Jan '11

Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council (article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointment…if such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!

4 5

IGF 2011 - Request for Comments
by waudo siganga 26 Jan '11

26 Jan '11

Dear Colleagues, Arrangements for building the program for the next IGF meeting scheduled to be held in Kenya in September will start with a planning meeting in Geneva 23-24 February. IGF activities are multi-stakeholder bottom-up so listers are invited to send proposals for the Nairobi program to [1]igf(a)unog.ch. The official announcement from the website is below: 2011 Open Consultations and MAG Meeting The next Open Consultations will be held on 23 February, to be followed by a MAG meeting on 24 February which will be open to observers. Both will be held at the Palais des Nations, Geneva, Switzerland. Request for Comments All stakeholders are invited to submit proposals for the programme of the 2011 meeting ([2]igf(a)unog.ch) Inputs received by 7 February 2011 will be reflected in the first draft of a programme paper that will serve as a rolling document during the course of the preparations. References 1. mailto:igf@unog.ch 2. mailto:igf@unog.ch

1 0