Whats all the noise about CCK shutting Royal Media Services Transmitters?

A lot of noise is currently being made on the blog sphere and elsewhere about CCK shutting down six broadcast transmitters belonging to Royal Media Services (RMS), and the fact that the owner is being targeted for supporting one of the main political parties in Kenya namely the Coalition for Reforms and Democracy (CORD) .

However,it is important to understand that CCK “is the municipal government body responsible for the implementation of the international obligations that the Republic of Kenya has to the International Telecommunication Union (“the ITU”), a specialized UN agency in the field of information and communication technology and to which Kenya is a member.”

CCK is also the regulatory authority for the communications sector in Kenya with responsibilities in telecommunications, broadcasting, electronic transactions, and postal services. It is charged with the responsibility of managing the country’s numbering and frequency spectrum resources.

It is in my opinion that CCK has taken the right direction and should not be cowed by all the noise whatsoever. The law must be enforced regardless of the timing. An illegality is an illegality. Kindly let us not politicize the matter. Enforcement of this judgment does not in any way relate to SK supporting CORD. This should be seen as a pure enforcement of a broadcast requirement. 

Broadcast licences have conditions and CCK does warn against their breaching.  For example CCK is usually clear on power of transmitter, the radius of broadcast, the equipment that is approved etc. If for example you go beyond that radius, or use a more powerful transmitter and therefore interfere with other stations' signals, you breach the law and CCK has to come in. Further, in this case, RMS was given sufficient time to put in corrective measures. 

This court case between RMS and CCK has been going on for a while. Please read:  http://kenyalaw.org/CaseSearch/view_preview1.php?link=70542457891338696266282

Just to highlight a few things:  

CCK issued a public notice on May 17, 2012 where it warned of  "UNAUTHORISED USE OF BROADCAST FREQUENCIES"   in the Daily Nation, and reminded "the licensed frequency users that all radio frequency transmitters must be operated under a valid licence whose conditions must be adhered to. In accordance with the Kenya Information and Communications Act, Cap 411A, operation of radio services without a licence is an offence that attracts a fine of Kshs.5 million and imprisonment for a term not exceeding three years or both"

Those operating illegal licences were given a 30 day notice to surrender the frequencies, failure to which CCK warned that it would take action. Several radio stations among them Neutral Digital Broadcasters Limited, Trans World Radio – Kenya, Real-Time Solutions Limited, Imani Radio & TV Ministries, Capital FM and other stations duly complied with the direction and informed CCK that they had installed band filters to minimise harmful interference. 

CCK wrote to RMS a “Notice of Violation” letter dated 3^rd August 2012, where several non conformities were noted. CCK was concerned that that despite having asked RMS to correct the anomalies, no action had been taken. CCK further asked RMS to take corrective measures within 30 days from the date of the letter to ensure that it installs "the band pass filters, obtain Type Approval for its transmitters, shut down unauthorised stations and relocate to the designated broadcast sites". RMS on different dates received more letters from CCK on unauthorized use frequencies. 

Needless to say, RMS did not comply and instead went to court (it enjoined the AG and the Minister of Information) arguing that it was entitled to continued use of the frequencies since the body envisaged by Article 34 (5) of Kenya's 2010 Constitution for licensing and issuing broadcaster’s frequencies was yet to be established. Further, RMS argued that the letters and Notice issued by CCK contravened/violated its fundamental rights and freedoms under Articles 34, 40, 47 and 48 of Kenya's Constitution and requested the court. Additionally, RMS wanted (14) (g) A permanent injunction restraining the 2^nd (Minister) and 3^rd (CCK) respondents or any of them from cancelling, stopping, suspending, restricting or in any way whatsoever interfering with the petitioner’s licences frequencies, broadcasting spectrums and broadcasting services.

The courts (Justice Majanja) already re-emphasized the regulatory role of CCK in issuance of licences and frequencies on 18th January 2013. 

This is the summary of the ruling.

Conclusion and disposition

62.  In summary, I find and hold that the CCK is entitled to exercise regulatory authority over broadcasting and other electronic media pursuant to the Kenya Information and Communications Act until such time as Parliament establishes the body contemplated under Article 34(5) of the Constitution. Thus prayers (a), (b) and (c) of the amended petition are dismissed.

63.   I find and hold that the letters dated 6^th March 2012, 3^rd August 2012, the Notice of Violation dated 3^rd August 2012 and the notice issued in the Daily Nation of 17^th May 2012 are not in contravention of the petitioners rights protected by Articles 34, 40 and 47 of the Constitution as they are in the nature of notices that afford RMS to show cause why regulatory action should not be taken against it. As a consequence, I reject prayers (d), and (e) of the amended petition.

64.  The grant of prayers (f) and (g) of the amended petition would have the effect of excluding RMS from statutory regulations. As I have held, I do not think regulatory action, which entitles the RMS to due process is a violation of the Constitution nor does such action interfere with its fundamental rights and freedoms of the petitioner.

65.   In view of the findings I have made, the petition is dismissed. As this is a matter for the enforcement of fundamental rights and freedoms I decline to make an award for costs.

66.   I thank counsel who appeared in this matter for their detailed submissions.

DATED and DELIVERED at NAIROBI this 18^th day of January 2013.

Hello 2013!

My friend Loan Khong from Vietnam has asked me to tell her in 400 words what are my wishes either for my country Kenya, or at a personal level for 2013.

So this is in a way my message to her.

My wish for my country Kenya in East Africa is that we hold a Peaceful election. This is the first time that the country will be holding an unprecedented election under a new Constitution which was promulgated in August 2010.  The elections will take place in March 2013. Kenyans will vote on six positions which is an increase from the previous three. This will be a challenge to ordinary citizens who are yet to understand the new positions. This means that campaigns are hot at the moment and citizens continue to be polarized along ethnic lines. Party politics seems to thrive along ethnicity.

My desire therefore is to see a peaceful election, with no bloodshed as was witnessed in the last General election of 2007 and most important that Kenyans will accept the leaders who will be elected regardless of their tribe(s). I wish to see Kenyan remain as one peaceful country.

I also wish to continue living in a secure country. 2012 experienced deadly clashes which are politically motivated and left many dead, others injured and many others displaced from their homes.  Other forms of insecurity included terrorism attacks and carjacking. It is my desire that 2013 brings in stability and security.

Further, fire and road accidents claimed many lives. The road accidents were as a result of careless driving and corruption of traffic police officers who accept bribes from public transport vehicles that flout traffic rules. Kenya amended its traffic rules that became effective on December 1, 2012. Safety on our roads and rogue drivers and corrupt policemen becoming a thing of the past is something I will be looking forward to in 2013.

And ofcourse I want to see Kenya continue leading in technological innovations, as well as provide leadership in engineering technology that is adaptable by the rest of the World.

At a personal level, I look forward to experiencing peace, love and shared respect of all persons regardless of who they are. I wish to continue knowing God more and in a personal way, build healthy relationships with family, relatives and friends, to be in robust health, to prosper and excel in whatever that I will get to do.

Technology, Economic and Societal Opportunities and Women

The Association for Progressive Communications (APC), the Government of Kenya and the International Chamber of Commerce’s (ICC) BASIS initiative (Business Action to Support the Information Society) organised a workshop Technology, Economic and Societal Opportunities and Womenduring the just ended IGF in Baku.

The focus was on existing Internet-related economic, cultural, political and social opportunities for women, and the gaps that exist. I participated as a lead discussant and I must say that participants enjoyed a stimulating debate which raised a couple of issues and made several recommendations. I will just highlight some of the issues.

Antoaneta Angelova-Krasteva of DG CONNECT pointed out that In order to reap the full benefits of modern technology; women need digital rights and cultural participation. There is still low participation of girls in science subjects and ICTs. Therefore investment in infrastructure must go together with digital skills for women.

Alice Munyua representing the government of Kenya observed that Cyber violence is prevalent and affects women differently. She called on ISPs to come up with a focus on women in their user policies and recommended a multistakeholder response, with policies not only from government, but also from business and the technical community in the provision of services and development of contracts

Yara Salam spoke about online campaigns on human rights defenders in Egypt. She pointed out that women are afraid to socialize in public spaces in Egypt less their pictures are taken and posted on face book in particular if they are drinking or breastfeeding. How can such women protect themselves online? She raised the question of how important is localization of issues so that cultural limitations can be dealt with? Should there be more support from authorities for online human rights defenders?

Theresa Swinehart of ICC pointed out that there are many women emerging in internet governance leadership. However work still needs to be done so that conversations are created to inspire more women. “Business must invest in infrastructure in a responsible way so that women are involved”. She emphasized the importance of the free flow of information, and discussed the factors that limit online participation by women, including literacy and influence in government.

Grace Githaiga from KICTANet gave examples of Kenya’s constitutional provision meant to empower women but which are proving a challenge on how to implement for example in job opportunities where women do not apply, or in electoral positions where they do not present their candidature. Women’s issues are still considered a soft issue by legislators, and a formula for implementation of the third gender rule is needed. She emphasized the importance of online services that are relevant and resonate with women's daily lives and aspirations.

P. Usha Ranid from India reported that they are using mobile based technology for improving agricultural practices and in health where they monitor their babies’ weights and record on charts.

A participant was concerned that we may be hurting women’s interests when we group them broadly considering that experiences are different between the developed and the developing countries. She wondered whether service providers have different terms of use by women user and whether there is need for programs that are in accordance with religious norms.

George Nyabuga of Afrinic felt that technology is never neutral and that culture and social norms are a hindrance to women embracing technology. “The kinds of effects we get arise from modality of use and unless there is a serious cultural change, technology will not change the way things are done”. He highlighted the way in which online abuse reflects offline marginalization, and the importance of culture shifts offline in order to improve women's empowerment both online and offline. Therefore “we must engage in ways that will impact cultural change of how we conduct business and therefore technology”.

Lilian Naluoga from Uganda talked of the need to profile role models and on women who have made it against all odds in their work on ICTs. “We need role models to inspire girls to study science subjects and ICTs”.

Some of the recommendations that emerged from the session were that there is need for sustained multistakeholder dialogue on strategies for women's leadership and active participation on Internet-related activities and empowerment.

Further, programmes and recommended solutions to address issues of access and empowerment for women and girls must take into account multiple dimensions – economic, political as well as importantly, social and cultural issues.  And most important is that the session on women and IG must be institutionalized so that it takes place in all IGFs.

In thanking the participants, Ayesha Hassan of ICC, pointed out that the session on women and IG started in Nairobi, Kenya in 2011, and as a result, women issues have come up in 2012 IGF on the Access and Diversity sessions. “This meeting therefore is a building block” she concluded.

Kenyan Hospitals

Ministers Charity Ngilu and Anyang Nyongo have one thing in common. In their CVs, is that one is a former and the other is a current minister for health in the Kenya Govt. Yet, they both do not trust the Kenyan hospitals. What should ordinary citizens make of this?

Africa News Online: THE OCTOBER 31 POLL IS THE REAL DEAL FOR TANZANIANS

Africa News Online: THE OCTOBER 31 POLL IS THE REAL DEAL FOR TANZANIANS

whats on your mind?

I want to find out whats happening around the World. Time to catch up with my favourite newspapers ie Daily Nation, The Washington Post, New York Times etc. Really enjoying this break.

Media Ethnography: theory and practice

I have been attending a seminar on media ethonography: theory and practice at Pappersbruket, Osby in Southern Sweden. The course was designed to introduce PhD students to the theory and practice of media ethnography. It explored how media ethonography applies to both media production and media reception, and how it is fundamentally both a theory and a method for investigating everyday practices and lived experiences as tehy are shared by culturally-specific ways of being-in the world.

The venue was nice, the food great, and new friendships from different Univeristies from created. Nice now to know Jacob (Arhus), Nana (Arhus), Rose (Dar es salam),  Bram (Utrecht), Meltem (Johann Wolfgang Goethe University), Johanna (Orebro), Florencia (Karlstad), Rikke (Uni of Copenhagen), Siri (Martin Luther Uni), Helena (Westminister), Maja (Uni of Southern Denmark) and Maria Ines (Universidae Nova de Lisboa (Portugal).  Thanks to the Professors Thomas Tufte (Roskilde) John Postil (Sheffield), Debra Spitulnik (Emory Uni, USA), and Jo Tachi (Queensland, Australia).

Ways in which different epistemological frameworks within the field of media studies have influenced methodological approaches (Grace Githaiga)

The common frameworks used in the field of communication are quantitative, qualitative and mixed methods approaches.
In a quantitative approach, the researcher uses post positivist claims for developing knowledge i.e. developing generalizations about the relations between social ‘facts’ that establish basic connections of cause and effect. To achieve this, the approach calls for the continual testing of existing evidence to see whether the specific predictions (hypotheses) they generate are supported (verified) or disapproved (falsified). Testing requires the researcher to isolate the relations s/he is particularly interested in, from other factors that may influence or interfere with them.

In qualitative approach, the researcher makes knowledge claims based on constructionist perspectives. The concern is not with establishing relations of cause and effect but with exploring the ways that people make sense of their social worlds, and how they express these understandings though language, imagery, sound and social rituals. The focus is on the organizing structures of social and cultural life that are seen as being continually reproduced and modified through a myriad activities of everyday life.

In the mixed method approach, the researcher tends to base knowledge claims on practical grounds. Here, the researcher bases the inquiry on the assumption that collecting diverse types of data best provides an understanding of a research problem. Data collection involves gathering both numeric information, as well as interviews. The final database represents both quantitative and qualitative information.

Research design considers four aspects which ultimately inform a choice of approach:
(a) The epistemology theory that informs the research
(b) The philosophical stance behind the methodology
(c) What governs the choice of use and use of methods, and
(d) The techniques to be used to collect data.

These become critical in addressing questions central to the design of research.
Before a researcher decides on which framework to choose, it is useful to consider three frameworks elements that contribute to the framing of the quantitative, qualitative and mixed methods. These are philosophical assumptions about what constitutes knowledge claims; what strategies of inquiry will inform the procedures, and what methods of data collection and analysis will be used.

Stating a knowledge claim means that the researcher has certain assumptions about how and what s/he will learn during the inquiry. These assumptions at times are referred to as epistemologies or broad research methodologies which can be categorized into four schools of thought: post positivism, constructivism, advocacy/participatory and pragmatism.

Post positivism is also referred to as the ‘scientific method’. It reflects a philosophy in which causes determine effects or outcomes. An issue studied by post positivist reflects a need to examine causes that influence outcomes. It is therefore viewed as reductionist in that it reduces ideas/issues into small, discrete set of ideas to test for example variables that constitute hypothesis and research questions.
The post positivist begins with a theory, and then makes necessary revisions before additional tests are conducted. Certain key assumptions are made among them that research is a process of making claims and then refining or abandoning some of them for other claims more strongly warranted, and that data, evidence and rational considerations shape knowledge. Also, being objective is an essential aspect of competent inquiry. As such researchers must examine methods and conclusions for bias.

Social constructivism is another process with its own set of assumptions. Its assumptions hold that individuals seek understanding of the world in which they live and work and develop subjective meanings of their experiences. These meanings are varied and multiple. This leads the researcher to look for the complexity of views, rather than narrow meanings into a few categories or ideas. The research questions are broad and general so that the participants can construct the meaning of a situation. The questions are open ended and allows the researcher to listen carefully to what people say or do in their life setting.

Specific methods of data collection is another consideration that goes into a research approach. Methods are considered by their degree of predetermined nature, their use of closed ended versus open ended questioning, and their focus for numeric versus non numeric data analysis.

Knowledge claims, the strategies, and the method all contribute to a research approach which may be quantitative, qualitative, or mixed methods.

Apart from the approaches, the researcher is also influenced by the research problem, personal experiences, and the audiences for whom the report will be written.

In terms of the research problem, different issues call for different interventions. For example if the problem is to identify factors that influence an outcome, the utility of an intervention or understanding the best predicators of outcomes, then a quantitative approach is best. And if a concept needs to be understood, because little research has been done on it, or the researcher does not know the important variables to examine, or the topic is new or has never been addressed with a sample or existing theories, then the qualitative approach is the best. However if a researcher wants to generalize the findings to a population and develop a detailed view of the meaning of a concept, then a mixed method approach is useful as it will allow collecting both closed-ended quantitative data and open ended qualitative data.

In terms of personal experiences, the researcher’s choice would be influenced by his/her experiences and training. A quantitative research may call for experience in scientific writing, statistics or computer statistical programs. A qualitative approach also calls for experience in open-ended interviews and observations. Mixed methods require familiarity with both quantitative and qualitative methods and understanding of the rationales for combining both.

Audiences to who research findings will be presented do contribute to shaping the decision of the research approach. The experiences of these audiences with quantitative, qualitative, or mixed methods shapes the decision on the choice.

In summary, a researcher assesses knowledge claims brought into a study, considers the strategy of inquiry that will be used, and identifies specific methods. Based on these, the researcher then identifies either the quantitative, qualitative or mixed method approach of inquiry.

Talk at the American news women’s club, Tuesday November 18, 2008

Women telling their stories using community radio
By Grace Githaiga

Community radio is a sector that allows communities to develop and own communication structures through generation of content, and managing the systems. Community radio stations are owned and operated by the communities they serve. They are non-profit, non-partisan, and usually non-sectarian, and operate in a participatory way, relying on volunteers for reporters, producers and newscasters. Through community radio, poor constituencies such as women, can develop their own news programs and present discussions on matters affecting their community. They share information in a language they understand. This allows them to name such topics as poverty in a language that they understand as well as articulate their social agendas and bring the same into national foras.

Good examples include Mangelete women’s radio in Kenya and Kagadi Kibale in Uganda. Theses debate issues, produce weekly programs, and develop talkback radio programs by phone or mail drop. Mangelete’s popular programs include those of reproductive health, nutrition and campaigns to stop illegal brews. For Kagadi, a popular program is on gender violence, which has developed into a rapid response unit for abused women.

Community radio programming is engendering a process, where poor constituencies isolated and marginalized are becoming energized, developing informed opinions, and becoming more adept at using information to protect themselves, to make informed decisions and to get results.

Lobbying for recognition of the community media has presented many challenges, including those of recognition, provision of communication space, and legislation bottlenecks. Despite the slow speed in growth, and the fact that any advocacy process rarely produces immediate tangible results, I have witnessed positive results of community engagement with the authorities, and can attest to increased community empowerment due to participation in local media production. The governments of Kenya, Uganda and Tanzania have now recognized community broadcasting in their broadcasting legislation, or are considering provisions to formally legalize community radio.

Community radios have a public duty and responsibility of framing and getting information on human rights and social injustice to the public sphere, play the surveillance role, and give enormous voice to people who would never have the opportunity to speak and seek knowledge. Also they open microphones to authentic voices and allow people to speak for themselves therefore contributing to media pluralism.

My talking notes for the Board of Visitors Meeting (Philip Merrill College of Journalis, University of Maryland) November 17, 2008

Work in Kenya (first worked as a mainstream journalist, then community communication, facilitating in setting up community radios, community resource centers, spearheaded lobbying and advocacy processes to have govts in three EA countries recognize community broadcasting as a third sector after public and commercial broadcasting, challenging task (communities own, control and manage communication systems to bring development and social change) which has been slow (govts threatened by this whole concept) but is now bearing fruits with the growth of community broadcasting in the three countries). At Africa, AMARC, training, advocacy, awareness raising of the sector).
Why I applied for the Fulbright/Humphrey program:
To achieve a passion, goal, dream. My desire was that the program would offer me strategies on how to institutionalize community broadcasting in Africa, and how the sector can affect public policy.
Selected cause I demonstrated leadership potential, being an agent of change, being a catalyst of development.

How the program is working out for me and the cohort here at Maryland:
The Philip Merrill School of Journalism offers everything that a media/communications person needs in the current context. We are spoiled for choice (Confused as one wants to register for everything/abundance). Proximity to the capital allows for opportunities to translate theory into practice.
Looking for new directions in ways that will enhance the impact of our work through networking, participation of conferences, creating alliances
Taking stock of ourselves,
Getting a better sense of purpose in life
Better understanding of the US, its people, culture and values. Convey a better understanding of my country and its people.
Curving out a direction for my life and defining what success means to me.
For others, they are now realizing what their professional niche and passion is. Others are rediscovering.
Leveraging on opportunities.
Attitude (value, traits, character), skills, knowledge.

A life changing experience (hope to come back not in the far future).

Statement

Make a difference, to lead change initiatives, participate in improving quality of lives of communities through community communication initiatives, and basically contribute to change.
Empowering others with skills, growing their potential, generating opportunities and creating resources.
Stretch myself…empowerment
Fill in the gaps
Enhance my own critical thinking
Choosing the right goals is a great motivator.

Spearheading the commencement and recognition of community radio has given me a tenacity and perseverance. Need to generate options and alternatives in an unfriendly environment. Factor in emerging new trends and developments for further enhancement of my expertise (research…..)

At a personal level, I see this as one way of continuous self improvement in professional expertise. When I envision and visualize the future that I want, then it is to sink in this sector. Also to see it institutionalized as opposed to it being seen as an alternative. To build professional resilience