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