Day 4: Consitutions and Appointment of Commissioners to the Commission
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
Hi, I think this is the crucial bit, and have been holding my comments until today. On Thu, Feb 17, 2011 at 4:30 AM, Catherine Adeya <elizaslider@yahoo.com> wrote:
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):
The intent is to make a truly independent Commission. however, I think there are very few ppl who have experience in the field (broadcasting, telecommunications, etc) AND who do not have a financial interest in the sector (and are not gov't employees or political). This obviously precludes folk who bought Safcom shares/own an Mpesa distributor, etc. What seems to be crucial is that in order to serve, these folk would have to give up their day jobs/financial interests in the sector. In order for this to happen, the level of compensation would have to be adequate. It is not (yet) specified, which may be a disincentive to some otherwise good Comissioners. -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel
Karibu then... and thanks. Kindly comment as much as you would like. We welcome all contributions. Best, Nyaki ________________________________ From: McTim <dogwallah@gmail.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 7:28:36 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission Hi, I think this is the crucial bit, and have been holding my comments until today. On Thu, Feb 17, 2011 at 4:30 AM, Catherine Adeya <elizaslider@yahoo.com> wrote:
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):
The intent is to make a truly independent Commission. however, I think there are very few ppl who have experience in the field (broadcasting, telecommunications, etc) AND who do not have a financial interest in the sector (and are not gov't employees or political). This obviously precludes folk who bought Safcom shares/own an Mpesa distributor, etc. What seems to be crucial is that in order to serve, these folk would have to give up their day jobs/financial interests in the sector. In order for this to happen, the level of compensation would have to be adequate. It is not (yet) specified, which may be a disincentive to some otherwise good Comissioners. -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel
Dear Catherine, all, I am sorry but up to now I do not know the functions of the ICCK. Is the new Act supposed to be read together with some previous Acts (98 Communications Act and the Amendment Act)? Where are these functions articulated and why are they not put explicitly in this Act? How can we be sure that that the functions allow for Independence when we are not clear about what the functions are? I don't think it is enough to just say that the ICCK will carry on the functions of the CCK when the agreement is that the CCK has not been independent. Functions, functions, functions. Someone please tell me the functions which we were supposed to be discussing yesterday. Waudo On Wed, 16 Feb 2011 17:30 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: 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 _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/ options/kictanet/emailsignet%40mailcan.com
Waudo.... I will note down your concerns and hope the Ministry can respond to some of the queries. I think the point you make about ICCK carrying being expected to carry out the functions of CCK is critical especially when the said CCK has not been independent. Best, Nyaki ________________________________ From: waudo siganga <emailsignet@mailcan.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 10:54:55 AM Subject: Re: [kictanet] Day 3: Functions of the Commission Dear Catherine, all, I am sorry but up to now I do not know the functions of the ICCK. Is the new Act supposed to be read together with some previous Acts (98 Communications Act and the Amendment Act)? Where are these functions articulated and why are they not put explicitly in this Act? How can we be sure that that the functions allow for Independence when we are not clear about what the functions are? I don't think it is enough to just say that the ICCK will carry on the functions of the CCK when the agreement is that the CCK has not been independent. Functions, functions, functions. Someone please tell me the functions which we were supposed to be discussing yesterday. Waudo On Wed, 16 Feb 2011 17:30 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: 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
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Waudo, As I had mentioned...the Functions we were discussing can be found on pg. 4 Section 4 of the Draft Bill (http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37), it is not very long kindly refer, I only outlined 2 that stuck out. Best, Nyaki ________________________________ From: waudo siganga <emailsignet@mailcan.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 10:54:55 AM Subject: Re: [kictanet] Day 3: Functions of the Commission Dear Catherine, all, I am sorry but up to now I do not know the functions of the ICCK. Is the new Act supposed to be read together with some previous Acts (98 Communications Act and the Amendment Act)? Where are these functions articulated and why are they not put explicitly in this Act? How can we be sure that that the functions allow for Independence when we are not clear about what the functions are? I don't think it is enough to just say that the ICCK will carry on the functions of the CCK when the agreement is that the CCK has not been independent. Functions, functions, functions. Someone please tell me the functions which we were supposed to be discussing yesterday. Waudo On Wed, 16 Feb 2011 17:30 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: 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
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Catherine - the small section you are mentioning has no listing or even scope of the functions. It appears merely meant to emphasise that the ICCK will take over the functions of the CCK. I am also not sure whcih "Act" is referred to in 4(a) and 4(b) : 4. Functions of Commission 4.(1) The Commission — (a) must perform the duties imposed upon the former Commission by or under the Act; (b) may exercise and continue the exercise of the powers conferred upon the former Commission by or under the Act; (c) subject to CHAPTER 4, Part 2 of the Constitution, must act in a manner that is consistent with the obligations of the Republic under any applicable international agreement. (2) The Commission is subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999). On Thu, 17 Feb 2011 03:22 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: Waudo, As I had mentioned...the Functions we were discussing can be found on pg. 4 Section 4 of the Draft Bill ([1]http://www.information.go.ke/index2.php?option=com_docman&tas k=doc_view&gid=19&Itemid=37), it is not very long kindly refer, I only outlined 2 that stuck out. Best, Nyaki ____________________________________________________________ From: waudo siganga <emailsignet@mailcan.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 10:54:55 AM Subject: Re: [kictanet] Day 3: Functions of the Commission Dear Catherine, all, I am sorry but up to now I do not know the functions of the ICCK. Is the new Act supposed to be read together with some previous Acts (98 Communications Act and the Amendment Act)? Where are these functions articulated and why are they not put explicitly in this Act? How can we be sure that that the functions allow for Independence when we are not clear about what the functions are? I don't think it is enough to just say that the ICCK will carry on the functions of the CCK when the agreement is that the CCK has not been independent. Functions, functions, functions. Someone please tell me the functions which we were supposed to be discussing yesterday. Waudo On Wed, 16 Feb 2011 17:30 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: 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 _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke [2]http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at [3]http://lists.kictanet.or.ke/mailm an/options/kictanet/emailsignet%40mailcan.com References 1. http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 2. http://lists.kictanet.or.ke/mailman/listinfo/kictanet 3. http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c...
Waudo, I did note that and I will also note that it would be helpful to flesh this section a little bit more. I will pass this on to the Drafters and hopefully you will get a more concrete response.... Thanks Catherine ________________________________ From: waudo siganga <emailsignet@mailcan.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 3:01:02 PM Subject: Re: [kictanet] Day 3: Functions of the Commission Catherine - the small section you are mentioning has no listing or even scope of the functions. It appears merely meant to emphasise that the ICCK will take over the functions of the CCK. I am also not sure whcih "Act" is referred to in 4(a) and 4(b) : 4. Functions of Commission4.(1) The Commission — (a) must perform the duties imposed upon the former Commission by or under the Act; (b) may exercise and continue the exercise of the powers conferred upon the former Commission by or under the Act; (c) subject to CHAPTER 4, Part 2 of the Constitution, must act in a manner that is consistent with the obligations of the Republic under any applicable international agreement. (2) The Commission is subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999). On Thu, 17 Feb 2011 03:22 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: Waudo,
As I had mentioned...the Functions we were discussing can be found on pg. 4 Section 4 of the Draft Bill (http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37), it is not very long kindly refer, I only outlined 2 that stuck out.
Best,
Nyaki
________________________________ From: waudo siganga <emailsignet@mailcan.com>
To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 10:54:55 AM Subject: Re: [kictanet] Day 3: Functions of the Commission
Dear Catherine, all, I am sorry but up to now I do not know the functions of the ICCK. Is the new Act supposed to be read together with some previous Acts (98 Communications Act and the Amendment Act)? Where are these functions articulated and why are they not put explicitly in this Act? How can we be sure that that the functions allow for Independence when we are not clear about what the functions are? I don't think it is enough to just say that the ICCK will carry on the functions of the CCK when the agreement is that the CCK has not been independent. Functions, functions, functions. Someone please tell me the functions which we were supposed to be discussing yesterday.
Waudo On Wed, 16 Feb 2011 17:30 -0800, "Catherine Adeya" <elizaslider@yahoo.com> wrote: 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
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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----- _______________________________________________ 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
Thanks Walu, I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from. Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this). We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho. [AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 and it will answer a number of your queries. It is not very long:-)))]. Best Regards, Nyaki ________________________________ From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission 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-----
_______________________________________________ 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
Hi Catherine, My concern is why the chair should serve for a longer period that the other commissioners. They should have equal no. of years either it is 5yrs or four for all of them otherwise the chair carries baggage to the next commission. The endorsement of the commissioners by Parliament also do not make much sense and we are loading too much on the parliament. It’s also critical that the gender balance or the 30% is still explicitly acknowledged in the bill as much as this is a requirement in the new constitution. Jane Thuo From: kictanet-bounces+jthuo=amwik.org@lists.kictanet.or.ke [mailto:kictanet-bounces+jthuo=amwik.org@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: Thursday, February 17, 2011 1:45 PM To: jthuo@amwik.org Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission Thanks Walu, I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from. Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this). We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho. [AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman <http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37> &task=doc_view&gid=19&Itemid=37 and it will answer a number of your queries. It is not very long:-)))]. Best Regards, Nyaki _____ From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission 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----- _______________________________________________ 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
On appointments of Commissioners, it says on Pg5, that they should: (ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting telecommunications , law, , media, and economics, or any other related expertise or qualifications. I know we cannot fit in ALL the relevant professions but methinks leaving out IT (Information Technology) would be quit a loud gap considering this commission is supposed a converged commission that put together Media, IT and Telecoms. walu. --- On Thu, 2/17/11, Catherine Adeya <elizaslider@yahoo.com> wrote: From: Catherine Adeya <elizaslider@yahoo.com> Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, February 17, 2011, 1:44 PM Thanks Walu, I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from. Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this). We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho. [AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 and it will answer a number of your queries. It is not very long:-)))]. Best Regards, Nyaki From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission 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----- _______________________________________________ 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
Your comments are much appreciated Walu! Nyaki ________________________________ From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wed, February 23, 2011 11:06:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission On appointments of Commissioners, it says on Pg5, that they should: (ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting telecommunications , law, , media, and economics, or any other related expertise or qualifications. I know we cannot fit in ALL the relevant professions but methinks leaving out IT (Information Technology) would be quit a loud gap considering this commission is supposed a converged commission that put together Media, IT and Telecoms. walu. --- On Thu, 2/17/11, Catherine Adeya <elizaslider@yahoo.com> wrote:
From: Catherine Adeya <elizaslider@yahoo.com> Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, February 17, 2011, 1:44 PM
Thanks Walu,
I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from.
Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this).
We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho.
[AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 and it will answer a number of your queries. It is not very long:-)))].
Best Regards, Nyaki
________________________________ From: Walubengo J <jwalu@yahoo.com>
To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission
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-----
_______________________________________________ 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
Your comments are much appreciated Walu! Nyaki ________________________________ From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wed, February 23, 2011 11:06:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission On appointments of Commissioners, it says on Pg5, that they should: (ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting telecommunications , law, , media, and economics, or any other related expertise or qualifications. I know we cannot fit in ALL the relevant professions but methinks leaving out IT (Information Technology) would be quit a loud gap considering this commission is supposed a converged commission that put together Media, IT and Telecoms. walu. --- On Thu, 2/17/11, Catherine Adeya <elizaslider@yahoo.com> wrote:
From: Catherine Adeya <elizaslider@yahoo.com> Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, February 17, 2011, 1:44 PM
Thanks Walu,
I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from.
Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who...."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this).
We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho.
[AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 and it will answer a number of your queries. It is not very long:-)))].
Best Regards, Nyaki
________________________________ From: Walubengo J <jwalu@yahoo.com>
To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission
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-----
_______________________________________________ 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
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-----
_______________________________________________ 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
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-----
_______________________________________________ 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
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c...
I will find out and get back to you. Thanks Nyaki ________________________________ 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
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participants (6)
-
Catherine Adeya -
Jane Thuo -
k.k. ombati -
McTim -
Walubengo J -
waudo siganga