SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country minimally meets aspects of the indicator. 3 Country meets many aspects of indicator but progress may be too recent to judge. 4 Country meets most aspects of indicator. 5 Country meets all aspects of the indicator and has been doing so over time. Average score: 2.5 (2005=1.0; 2007=1.5) 3.2 Broadcasting is regulated by an independent body adequately protected by law against interference whose board is appointed - in an open way - involving civil society and not dominated by any particular political party. Analysis The management of the Communications Commission of Kenya (the regulatory body) is vested in a Board of Directors that consists of a Chairman who is appointed by the President, a Director-General appointed by the Information Minister and Permanent Secretaries from the ministries responsible for Information and Communications, Finance, and Internal Security. The board also consists of seven other persons who are not public officers and who are appointed by the Minister by virtue of their knowledge or experience in matters relating to law, postal services, broadcasting, radio communications, information technology or computer science, telecommunications, and consumer protection matters.18 The Director-General is the chief executive of the commission and is responsible for its day- to-day management. CCK is accountable to the Ministry of Information and Communication which happens to be the appointing authority. Even though section 5B of the act provides for CCK to “exercise its functions independent of any person or body,” the likelihood of influence from the government cannot be ruled out since the Chairman is appointed by the President, while other appointments are by the Minister, who also is a Presidential appointee. Moreover, the permanent secretaries who sit on the commission could easily consider themselves government representatives. The 18 Kenya Communications (Amendment) Act of 2008, section 6 f (i) to (vii) AFRICAN MEDIA BAROMETER KENYA 2009 39