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

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Select target paragraph3