Now, Matiang’i must disband CAK Board

Cabinet Secretary for Information, Communications and Technology (ICT) Fred Matiang’i. He has said the government would launch its bid in the Supreme Court to overturn the decision by the Court of Appeal on Friday that extended a planned digital migration to end of September 2014. PHOTO/FILE

What you need to know:

  • The law requires that the positions be advertised in the Kenya Gazette and in the official website of the ministry declaring vacancies in the board, and invite applications from qualified persons.

The Court of Appeal last Friday delivered a landmark ruling in regard to television media digital migration.

Among the critical issues in the ruling was the unconstitutionality of the composition of the Communications Authority of Kenya, which, it observed, is not independent as required by the Constitution of Kenya 2010.

The Appeal judges averred that CAK, as it stands now, is not the envisaged body that was to conduct the digital migration programme.

They found that the award of the licences by CAK was illegal because it was not an independent entity as required by the Constitution.

The Constitution provides for the establishment of a body, which will be independent of control of government, political interests or commercial interests.

Following the ruling, Kenyans anticipate that the Cabinet Secretary in charge of Information and Communication, Dr Fred Matiang’i, will speedily disband the Board of CAK to give way for a fresh and constitutionally constituted one.

The law that transformed the Communications Commission of Kenya (CCK) to the Communications Authority of Kenya (CAK) is unequivocal on this matter.

The Kenya Information and Communication (Amendment) Act 2013 states in the transitional provision: “A person who was a member of the board of the former body (CCK) shall continue to hold office for a period not exceeding 90 days or until the appointment of members of the Authority or Tribunal, whichever comes first”.

PRESIDENT ASSENTED

It is worth noting that the tribunal referred to is the Communications and Multi-Media Appeals Tribunal, which is currently a matter of dispute in court.

Since the matter in court is not yet concluded, the only way to go is to appoint members of the Authority in order for it to start work.

The Act, commonly referred to as KICA, is meant to put into effect Article 34 of the Constitution, which provides for freedom and responsibility of media.

President Kenyatta assented to the Act in December 2013 and it therefore came into force immediately.

It is, however, curious that the members and directors of the former CCK have not been replaced.

The law requires that the positions be advertised in the Kenya Gazette and in the official website of the ministry declaring vacancies in the board, and invite applications from qualified persons.

The Cabinet Secretary will convene a selection panel, which will be required to pick suitable candidates for the appointment of board members.

The applicants will have to undergo interviews, and the successful names presented to the Cabinet Secretary or the President for approval.

The President or Cabinet secretary will ensure the appointees represent the interests of all sections of society, among other requirements by the law.

To set the ball rolling, the CAK Board should be disbanded immediately. This will enable the industry to move with speed in order to realise both its internal and international obligations.

Dr Bosire is the Revise Editor, Taifa Leo ([email protected])