From: Wangusi, Francis Sent: Tuesday, February 15, 2011 4:41 PM To: Catherine Adeya Subject: RE: [kictanet] Day 2: The Establishment of IndependentCommuincations Commission of Kenya Hi Dakatari, I have been out of touch from the net for a while and day one of the discussions passed without my knowledge. However, allow me to draw your attention to the title "Independent Communications Commission of Kenya". My point of reference is chapter 15 clause 248 (1&2) which establishes Commissions in this country. This proposed name does not appear to be among those listed. I have been pondering on whether or not this title can be in contravention to the Constitution and if another name like "Communications Regulatory Authority of Kenya" or something like that can be contemplated. I also wish to comment that independence of this body cannot be vested in the name but the powers conferred to by the law establishing it and that is why I discount the use of the word "Independent". Sorry for taking you back to the discussions of day one but I think this is worthy a consideration. wangusi From: kictanet-bounces+wangusi=cck.go.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+wangusi=cck.go.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: Tuesday, February 15, 2011 2:17 PM To: Wangusi, Francis Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Day 2: The Establishment of IndependentCommuincations Commission of Kenya Thanks Charles, On Day 4, 5 and 6 the discussion will come up about the appointment of the Commissioners and others. It would be nice to get your input in more detail then so that it can be consolidated in the feedback to the Ministry. Thank you for your contributions anyways. However, you comment on the need to change the word MINISTER to CABINET SECRETARY in line with the new constitution is well taken at this stage. Nyaki ________________________________ From: charles nduati <charlesnduati2002@yahoo.co.uk> To: elizaslider@yahoo.com Cc: kictanet@lists.kictanet.or.ke Sent: Tue, February 15, 2011 12:33:22 PM Subject: Re: [kictanet] Day 2: The Establishment of Independent Commuincations Commission of Kenya hi listers, I have just read this short draft bill and it appears to me all its doing is change the terms of commissioners appointment and its like there are now going to be full time and not clear to me how independent they will be from what they are now. at the same time, it looks like the new Director general will be appointmented only by commissioners and doesn't say if it will be competitive and his/her security of tenure finaly the draft bill refers to a minister and I suppose it should now refer to a cabinet secretary as per new constitution those are my 3 cents charles nduati On Tue, 15 Feb 2011 04:23 EET Catherine Adeya wrote:

Listers, We are on Day 2 of our discussions. Thank you for your thoughts on Day

evident that there are mixed reactions on the Object of the Bill. We will ensure those responsible keep this in mind and find a suitable middle ground, if any. Some feel that the Object is unnecessary and misleading. Others believe it is okay but what will be critical is the implementation.

So today flows from the issues on day one as Part II of the Bill begins with: SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA' (Commission or ICCK hereafter, my addition):

Key issues from this section are: 4) The Commission is independent, subject only to the Constitution and the law, and must be impartial and must perform its functions without fear, favour or prejudice.

Question: Does this communicate to you? 5) The Commission must function without any political or commercial interference

Question: Again does this communicate effectively? Should the issue of

1. It is politics

be separated from the commercial one?Or can we do away with 5 as the issue should be well covered in 4?

I hope for a more vibrant discussion today as this bill is very critical.

Enjoy, Nyaki

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