Thanks GG, Ombati and those who looked into the issue on which is the Constitutional body. There are statutory commissions and the ICCK may be one. The Media Council will have much greater powers than the ICCK due to being a Constitutional commission (and also as a right in the bill of rights)- e.g. can only be eliminated or its powers revised by a referendum while the ICCK may only require only a simple majority in the National Assembly to be abolished. I think there may be more implications, as a result, that will come up before both these bills are law. For example the Media Council board will have Constitutionally provided for security of tenure that the ICCK will not have. regards, Wamuyu Quoting "k.k. ombati" <kaykerubo@gmail.com>:
hi listers, i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- 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!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer ? but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like ?Communications Regulatory Authority of Kenya? or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
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