[afrinic-discuss] AfrISPA ¹ s position on the dissolution of the Communications Commission of Kenya Board

[Eric Osiakwan]

For immediate circulation and release in all your respective capacities. Al=
so formally send to your respective Kenyan Embassies/High Commissions.

-------------------------------------------------------------------
Tuesday, March 8, 2005
AfrISPA=B9s position on the dissolution of the Communications Commission
of Kenya Board

The African Internet Service Providers Association (AfrISPA,
www.afrispa.org) learns with regret the recent state of affairs in the Keny=
a
Communication Sector. We join the Telecommunication Service Providers
Association of Kenya (TESPOK, www.tespok.co.ke) to utterly condemn in the
most strongest terms the action of the Kenyan Government of suddenly
dissolving the Communications Commission of Kenya's Board of Directors and
relieving the Director General of his duties =AD we contend that due proces=
s
should have being engaged.

This is a direct subversion of the established legislative and
constitutional structure. It is our understanding that the position of
Director General has tenure of office under the Communications Act '98 and
his removal from active duty without any explanation begs the question as t=
o
whether the government really respects the rule of law and upholds due
process as demanded by the constitution of the Republic of Kenya. This same=

law has safeguards to protect the regulator from interference but these see=
m
to have been completely ignored.

This case compares to the recent constitutional ineptitude displayed in the=

Togolese republic at the untimely passing of President Gnassingbe Eyadema a=

few weeks ago where we as a people demanded the Togolese authorities return=

to constitutional order. We also hereby demand that the Kenyan authorities
rescind their decision to interfere with this State institution in the
manner in which they have done and return to due process and command respec=
t
to the regulatory structures that have attracted a lot of private capital
into the Kenya economy.

We are of the view that it is totally unacceptable to tamper with State
institutions that uphold democratic tenets and the rule of law on our
continent. The CCK is providing a beacon of hope in the regional regulatory=

caucus through the attraction of private capital into the ICT sector throug=
h
it=B9s forward looking and level headed regulatory disposition and must not=
 be
tampered with this way.

We are of the view that this has a direct bearing on other sectors like
water, electricity etc and can happen anywhere in Africa. Utility regulator=
y
institutions are very important and we must push back actions that treat
them this way - this is a major threat to the rule of law and due process.
It is also important for us to see this as a major setback for public
policy, donors, private sector, regulators, consumers that are not only
represented in the IP and Telecom sector but also in the other state
sectors. 

We fully support the Press Release below by TESPOK and join them to not onl=
y
demand an explanation but to request the Kenyan government to restore it=
=B9s
reputation and address the needs of it=B9s people by restoring the Board an=
d
Director General, allowing them to serve out their tenure as stipulated by =

the Kenyan Communications Act '98.

To be issued and sent directly to; contact at statehousekenya.go.ke ,
president at statehousekenya.go.ke and

Office of the President
Harambee House, Harambee Avenue,
P.O. Box 30510, Nairobi,
Tel. (254-020) 227411
Telegrams: "RAIS" 

-----------------------------

--
Eric M.K Osiakwan
Executive Secretary
AfrISPA (www.afrispa.org)
Tel: + 233.21.258800
Fax: + 233.21.258811
Cell: + 233.244.386792
Handle: eosiakwan
Snail Mail: Pmb 208, Accra-North
Office: BusyInternet - 42 Ring Road Central, Accra-North 
Blog: http://afrispa.skybuilders.com/users/Eric/blog.html
Slang: "Tomorrow Now"
--

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