hey listers, i find the set up of a commission separate from the MCK to deal with disputes a great idea. That said it should not be that the chairperson must be an advocate,given that the commission is not a court of law and is therefore not bound by the rules of evidence or civil procedure. Furthermore,i think the chair should be appointed by the MCK. Sections 28(2)&32 which deal with publication are too onerous.the requirement to publish decisions in the gazette is not only impractical but it also carries negative cost implications.i find that the requirement for publication is met if the decisions are published on a website. The commission is not a high court and consequently its decisions cannot be accorded the status of high court orders. On 2/1/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Good morning Listers
Today our focus is on Part IV of the Media Bill, which deals with Complaints and Dispute Resolution.
Article 24 provides for the establishment of a Complaints Commission which shall consist of five persons appointed by the Council, who shall not be members of the Council… (a) A chairperson who shall be a person who holds or has held a judicial office in Kenya or is an advocate of the High Court of not less than ten years. Question: Must this chair be permanently a lawyer? · Should the election of the Chair be provided for?
In article 28 (2)The Complaints Commission shall having heard the matter the subject of the complaint, make a report, issue any decision…and shall publish its findings… Question: The article is silent on where these findings will be published. Where should they be published?
In 28 (3) The Complaints Commission shall communicate its decision to the parties concerned… Question: Should the mode of communication be specified?
Article 32 provides for publication of decisions…Every decision made by the Council or Complaints Commission in a matter the subject of a dispute shall be published in the Gazette. Question: Is this necessary that all decisions be on the gazette? Should other options be explored?
Article 34 provides for enforcement of decisions…A decision of the Complaints Commission, or the Council against which no appeal has been preferred within 30 days from the date on which the decision was made shall be adopted and enforced as an order of the High Court. Question: Does the Complaints Commission have the powers of the high court?
We look forward to your active participation today. Have a great day. Rgds Grace
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