On Thu, Jan 27, 2011 at 12:48 AM, Grace Githaiga <
ggithaiga@hotmail.com> wrote:
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> Good Morning Listers,
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> Welcome to day four of our debate.
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> Today, we will focus on the appointment of the Chairperson of the Media
> Council, and procedure for appointment of Council Members.
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> The Appointment of the Chairperson Article 7 (2)
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> 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.
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> Question: Should the Chair of a Media Council be drawn from the legal
> profession?
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> 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.
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> (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.
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> Question:
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> 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?
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> 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?
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> c) What would be the alternative appointing authority?
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> Once again, we would like to hear your comments/views on these critical
> issues.
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> Rgds
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> Grace
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>
> -----------------------------------------------------------------------------------
> 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!
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