---

From: waudo siganga <emailsignet@mailcan.com>
To: elizaslider@yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Thu, February 17, 2011 3:08:07 PM
Subject: Re: [kictanet] Day 4: Query

Catherine - Do we have someone who was involved in the drafting
available on this list to answer questions? I have a sense that we are
proceeding without the questions being resolved.
Waudo

On Thu, 17 Feb 2011 03:35 -0800, "k.k. ombati" <kaykerubo@gmail.com>
wrote:
> hi,
> im not sure i like the idea of the appointees being endorsed by
> parliament,it could lead to much political intreference and could be
> used to hinder some people from being appointed.
> i also dont see why the chair should have a longer term than other
> members and the term should be reduced to 3 years,with a maximum of
> two terms served.
> also gazettment of vacancies and appointments should be done by the
> cabinet secretary.
> section6(1)(f) has a typo and it shld refer to(i) not (f
> sections 6(1)(i) and (f) are unrealistic;what does financial interest
> encompass?does it mean if my sister works for safaricom,i am
> diqualified from board membership.
>
> On 2/17/11, Walubengo J <jwalu@yahoo.com> wrote:
> > Nyaki,
> >
> > plse update me. in the old act had defined a representative nature of the
> > board/commissioners along the lines of someone from say Broadcast, Consumer,
> > Technical, Legal, Govt Reps, etc.  Does this new bill take care of this?
> >
> > I think more than WHO gets appointed, we need to redefine representative
> > structure of the commissioners.  Otherwise you might get all the seven
> > coming from a technical background (disaster ;-).
> >
> > The other bit would be define limited terms for the commissioners (2terms),
> > and possibly have parliament endorse the nominated Chairperson (even though
> > the current stalement in parliament does not seem to support this view, but
> > assume an american type of congress approval method here).
> >
> > walu.
> >
> > --- On Thu, 2/17/11, Catherine Adeya <elizaslider@yahoo.com> wrote:
> >
> > From: Catherine Adeya <elizaslider@yahoo.com>
> > Subject: [kictanet] Day 4: Consitutions and Appointment of Commissioners to
> > the Commission
> > To: jwalu@yahoo.com
> > Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke>
> > Date: Thursday, February 17, 2011, 4:30 AM
> >
> >
> >
> >
> > 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):
> >
> >
> >
> >
> > HELP! I am supposed to be a
> > moderator, but who understands this or can make it simpler but clearer. It
> > definitely needs to change.
> > Best Regards,
> > Nyaki
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > -----Inline Attachment Follows-----
> >
> > _______________________________________________
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> > kictanet@lists.kictanet.or.ke
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> >
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> >
> >
> >
>
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