Re: [kictanet] Media council Draft bill 2010 (Day Six--Funds and Assets of the Council )
Hi all, I agree that these provisions are problematical. There seems to me to be no reason why a press council should not receive foreign support. This should not alleviate the need for local support for its basic operations (eg complaints) but it also has a wide promotional role and enabling it to access foreign (ie donor) funds will potentially allow it to be a far more significant player in this role. Toby ___________________________________ Toby Mendel Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org
Dear Listers. Today we had very minimal contributions on the Media Debate, what with what is going on in Egypt, and other news. We do encourage you that if you still have ideas on this section, to still give them to us since we have three more days to end this debate. What was expressed today was that there should be no problem with the Council receiving foreign support since it has a wide promotional role and enabling it to access foreign funds will potentially allow it to be a far more significant player in this role. Regards Grace ----------------------------------------------------------------------------------- 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!
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 ----------------------------------------------------------------------------------- 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!
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
----------------------------------------------------------------------------------- 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!
There's something called the Communications Tribunal in the ICT sector which handles the disputes that have not reached consensus btwn (Telco) Operators, Users and/or the Regulator (CCK). I think it has worked fairly well and possibly the Media Council may borrow a page on how it is structured and how it works...It actually has judges and technical people as its membership...but their ruling can still be challenged in a high(er) court. walu. --- On Tue, 2/1/11, k.k. ombati <kaykerubo@gmail.com> wrote: From: k.k. ombati <kaykerubo@gmail.com> Subject: Re: [kictanet] Media council Draft bill 2010 (Day Seven--Complaints and Dispute Resolution) To: jwalu@yahoo.com Cc: kictanet@lists.kictanet.or.ke Date: Tuesday, February 1, 2011, 2:06 PM 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
----------------------------------------------------------------------------------- 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!
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
participants (4)
-
Grace Githaiga -
k.k. ombati -
toby＠law-democracy.org -
Walubengo J