Wangusi, Francis Wangusi at cck.go.ke

Wed Nov 17 13:21:30 EAT 2010

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 [mailto:kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke] 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

Wangusi, Francis Wangusi at cck.go.ke

In Summary