DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers, Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day.He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that. We would appreciate your thoughts. Best Wishes, Nyaki
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Dear Listers, Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that. We would appreciate your thoughts. Best Wishes, Nyaki
Muriuki I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution. Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards. This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council. Rgds GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World! From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Dear Listers, Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that. We would appreciate your thoughts. Best Wishes, Nyaki _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
hi listers, i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
The independence of the CCK is very important First, I think the constitution writers made a very bad decision in listing commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for. Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance. Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer. Yours, Rigia On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote:
hi listers, i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer
Henry
Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG
If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@
----------------------------------------------------------------------------------- lists.kictanet.or.ke lists.kictanet.or.ke]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at
http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
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-- Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
I am not a lawyer but in my opinion, the new constitution not cast on stone. There should be a provision of forming other Commissions apart from the only listed ones. However, if there none, and using of the words Commission in the name of the new regulatory authority can have a legal implication and slow down the process, then I support the suggestion of using a name without the word Commission. To this end we can propose EITHER “Communications Regulatory Authority of Kenya (CRAK)” as suggested by Wangusi OR “Independent Communications Regulatory Authority of Kenya (ICRAK)”. Regards VKO ________________________________ From: warigia bowman <warigia@gmail.com> To: volunga@yahoo.com Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Sent: Fri, February 25, 2011 2:36:49 PM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" The independence of the CCK is very important First, I think the constitution writers made a very bad decision in listing commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for. Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance. Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer. Yours, Rigia On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote: hi listers,
i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- - If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
_______________________________________________
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-- Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
what about a name without 'regulate' in the title. everyone has been adamant that the ICCK shld not be 'regulatory' hut rather focused on facilitating development in the sector. On 2/25/11, Vitalis Olunga <volunga@yahoo.com> wrote:
I am not a lawyer but in my opinion, the new constitution not cast on stone. There should be a provision of forming other Commissions apart from the only listed ones. However, if there none, and using of the words Commission in the name of the new regulatory authority can have a legal implication and slow down the process, then I support the suggestion of using a name without the word Commission. To this end we can propose EITHER “Communications Regulatory Authority of Kenya (CRAK)” as suggested by Wangusi OR “Independent Communications Regulatory Authority of Kenya (ICRAK)”.
Regards
VKO
________________________________ From: warigia bowman <warigia@gmail.com> To: volunga@yahoo.com Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Sent: Fri, February 25, 2011 2:36:49 PM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
The independence of the CCK is very important
First, I think the constitution writers made a very bad decision in listing commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for.
Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance.
Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer.
Yours, Rigia
On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote:
hi listers,
i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- - If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
_______________________________________________
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--
Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
I am not a lawyer but in my opinion, the new constitution not cast on stone. There should be a provision of forming other Commissions apart from the only listed ones. However, if there none, and using of the words Commission in the name of the new regulatory authority can have a legal implication and slow down the process, then I support the suggestion of using a name without the word Commission. To this end we can propose EITHER Communications Regulatory Authority of Kenya (CRAK) as suggested by Wangusi OR Independent Communications Regulatory Authority of Kenya (ICRAK).
Regards
VKO
________________________________ From: warigia bowman <warigia@gmail.com> To: volunga@yahoo.com Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Sent: Fri, February 25, 2011 2:36:49 PM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
The independence of the CCK is very important
First, I think the constitution writers made a very bad decision in
I support KK - shedding 'regulator' tag is very important - it will be a pointer to a new paradigm of sector development - see my posting of DAY1 cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything -----Original Message----- From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.k e] On Behalf Of k.k. ombati Sent: 25 February 2011 16:00 To: mureithi@summitstrategies.co.ke Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" what about a name without 'regulate' in the title. everyone has been adamant that the ICCK shld not be 'regulatory' hut rather focused on facilitating development in the sector. On 2/25/11, Vitalis Olunga <volunga@yahoo.com> wrote: listing
commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for.
Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance.
Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer.
Yours, Rigia
On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote:
hi listers,
i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG -------------------------------------------------------------------------
- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.k e]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like Communications Regulatory Authority of Kenya or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
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Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
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Thanks Warigia....... ________________________________ From: warigia bowman <warigia@gmail.com> To: elizaslider@yahoo.com Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Sent: Fri, February 25, 2011 2:36:49 PM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" The independence of the CCK is very important First, I think the constitution writers made a very bad decision in listing commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for. Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance. Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer. Yours, Rigia On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote: hi listers,
i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- - If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
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-- Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
Thanks for running this crucial conversation!!! Yeah Kictanet! I am a lawyer, but not licensed in Kenya. It is likely infeasible to limit the number of Kenyan commissions to those named in the constitution. On Fri, Feb 25, 2011 at 4:06 PM, Catherine Adeya <elizaslider@yahoo.com>wrote:
Thanks Warigia.......
------------------------------ *From:* warigia bowman <warigia@gmail.com> *To:* elizaslider@yahoo.com
*Cc:* henry@article19.org; kictanet@lists.kictanet.or.ke *Sent:* Fri, February 25, 2011 2:36:49 PM *Subject:* Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
The independence of the CCK is very important
First, I think the constitution writers made a very bad decision in listing commissions in the constitution. However, it is unrealistic to expect them to have listed every single commission. Thus, other kk correctly points out that in the long run, other commissions will have to be made provision for.
Second, the key to an independent commission is that the commissioners directors do not answer to a minister. They also should have some security of tenure, so that they cannot be removed by political figures, but rather, they are secure in their term of office in the absence of gross malfeasance.
Third, there must be balance among commissioners, between the public, private and NGO sector. One potentially dangerous issue is that the CCK could become a board which responds only to corporate interests, while ignoring the consumer.
Yours, Rigia
On Fri, Feb 25, 2011 at 1:21 PM, k.k. ombati <kaykerubo@gmail.com> wrote:
hi listers, i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer
Henry
Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG
If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@
----------------------------------------------------------------------------------- lists.kictanet.or.ke lists.kictanet.or.ke]
On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at
http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
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-- Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
-- Dr. Warigia Bowman Visiting Assistant Professor American University in Cairo Global Affairs and Public Policy (office)(202)2615-4346 (cell) (201)05590948 warigia@aucegypt.edu
Thanks GG, Ombati and those who looked into the issue on which is the Constitutional body. There are statutory commissions and the ICCK may be one. The Media Council will have much greater powers than the ICCK due to being a Constitutional commission (and also as a right in the bill of rights)- e.g. can only be eliminated or its powers revised by a referendum while the ICCK may only require only a simple majority in the National Assembly to be abolished. I think there may be more implications, as a result, that will come up before both these bills are law. For example the Media Council board will have Constitutionally provided for security of tenure that the ICCK will not have. regards, Wamuyu Quoting "k.k. ombati" <kaykerubo@gmail.com>:
hi listers, i would like to respond to 2issues: the first one being that the ICCK is not among the commissions listed in article 248 of the constitution and the second one that article 34(1)&(5) of the constitution only contemplates one body to regulate the media i.e media council 1:on a careful reading of article 248(1) it states that '...this chapter applies to the commissions specified in clause (2)'..it does not say that those are the only constitutionally mandated commissions 2:article34(5) refers to a the establishment of a body that sets media standards and we are all agreed that it is the media council. the role of the ICCK is to facilitate development of the telecoms,broadcasting sector so the functions of the 2 bodies are distinct and there is no contravention of s34(5) because the ONE BODY that it contemplates to regulate media standards is the MCK but this does not in way bar the establishment of the ICCK
On 2/25/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Muriuki
I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution.
Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards.
This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council.
Rgds GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer ? but the constitution is supreme
cheers
Muriuki Mureithi
The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything
From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya"
Dear Listers,
Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day. He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like ?Communications Regulatory Authority of Kenya? or something like that.
We would appreciate your thoughts.
Best Wishes,
Nyaki
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
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Grace, Thanks for your comments...do not know what the rest feel about this. By the way do not that the Object of the Act was actually the discussion for Day 1 but we will ensure your comment falls under the right place. Nyaki ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: elizaslider@yahoo.com Cc: henry@article19.org; kictanet@lists.kictanet.or.ke Sent: Fri, February 25, 2011 12:15:38 PM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Muriuki I think Wamuyu had raised the concern of which body (ICCK or the Media Council) is envisaged in article 34 (5) of the Constitution. Having read the article, and having consulted with the a media lawyer Henry Maina, the Director of Article 19, that envisaged body is the Media Council which will in 5 (c) set media standards and regulate and monitor compliance with those standards. This being the last day of this debate, and in which I believe we can make any comments on any of the sections discussed, I will reiterate that article 2 of the ICCK 2010 (Object of the Act) be deleted as it belongs to the Media Council. Rgds GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World! ________________________________ From: mureithi@summitstrategies.co.ke Date: Fri, 25 Feb 2011 08:03:36 +0300 Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything From:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Dear Listers, Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day.He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that. We would appreciate your thoughts. Best Wishes, Nyaki _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
Muriuki, Thanks, actually the summary below is literally verbatim from Mr Wangusi hence the reference, and yes a few others raised it including Barrack, McTim and Wamuyu. Wamuyu specifically said "The Constitution, to my recollection, refers to only one media regulatory body. So which is it - CCK or Media Council?" So the legal minds out there and others who may know the response, how do we handle this. Nyaki ________________________________ From: muriuki mureithi <mureithi@summitstrategies.co.ke> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Fri, February 25, 2011 8:03:36 AM Subject: Re: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Indeed Catherine , the same issue was raised by Wamuyu Gatheru I not a lawyer – but the constitution is supreme cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything From:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 25 February 2011 07:32 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] DAY 10: The Name "The Independent Communications Commission of Kenya" Dear Listers, Today is the final day on the discussions on the Independent Communications Commission of Kenya Bill 2010. I think it would be worthwhile to revisit a concern Mr Wangusi raised on the first day.He was concerned that in the new Constitution -- specifically in Chapter 15, Clause 248 (1&2) which establishes Commissions in this country -- the ICCK name does not appear to be among those listed. So is this title in contravention of the Constitution and should we suggest another name like “Communications Regulatory Authority of Kenya” or something like that. We would appreciate your thoughts. Best Wishes, Nyaki
participants (7)
-
Catherine Adeya -
Grace Githaiga -
k.k. ombati -
muriuki mureithi -
Vitalis Olunga -
Wamuyu Gatheru -
warigia bowman