Move to disband CCK in favour of independent body with more teeth

The government has set in motion plans to disband the Communications Commission of Kenya, replacing it with a new institution in line with the Constitution.

Under the new law, CCK will be replaced by the Independent Communications Commission headed by a chairperson.

All positions in the new body will be advertised, signalling a fresh start in regulation of media and telecommunication industries.

According to Information permanent secretary Bitange Ndemo, discussions on the Independent Communications Commission Bill 2011 will begin on October 30.

The new law seeks to give the CCK more autonomy in regulating the telecommunications industry.

“The commission must function without any political or commercial interference,” reads a section of the draft.

Penalise offenders

It will also penalise those violating this principle. “…A commissioner guilty of such an offence is liable on conviction to a fine not exceeding Sh1 million or to imprisonment for a period not exceeding five years, or to both.”

Notable is the fact that it shall expunge the current four government officials that sit in the CCK board, and in its place have seven commissioners appointed by the President, but only on the recommendation of the Public Service Commission (PSC).

The PSC shall consider applications, interview and shortlist at least two persons qualified for appointment as chairperson — who will hold office for five years as from the date of appointment.

Appointments will, therefore, be advertised and individuals appointed on a competitive basis by the PSC. The other commissioners hold office for four years from the date of their appointment.

To ring fence the commission’s independence, commissioners have a security of tenure with removal of office being through a tribunal set up by the President on recommendation by the National Assembly.

The current CCK directors will remain in office until the first meeting of the new commission.

According to the Bill, current officials serving in the CCK will be absorbed into the new commission.

The current position of director general will cease being an appointee of the minister for Information.

Instead, he or she will be elected by the commissioners from among themselves, and will be the chief executive officer.

The commission is the legal successor of the former commission.

In the event of any conflict between the provisions of this Act and any other prior law relating to the regulation of broadcasting and telecommunications, the provisions of this Act prevail.