Kibaki, Raila must stop meddling in CCK’s work

• In the past couple of years, the President has intervened in the matter of mobile telephone call costs in a manner that is not only surprising, but also suspect.
• In the matter of Mobile Termination Rates, he acted in a most unconventional manner -- wading deep into the work of an agency that is more than four levels below his office.
• The intervention, whatever its merits, has been done in a most irregular manner and in direct contravention of the law that guides the operations of the telecoms sector regulator -- the CCK. High level intervention in the operations and decision-making processes of an independent agency does set a bad precedent.
• It is not clear why the President chose to use his private secretary to communicate to a State agency. Moreover, to demand that a fresh study of the impact of the new termination rates be done and the report taken to him for consideration amounts to gross violation of the regulator’s mandate.
• To the best of our knowledge, the CCK has a credible pool of telecoms experts and Mr Kibaki has no expertise in matters telecoms. Neither is Prime Minister Raila Odinga in the frequencies administration matter into which he has waded with similar edicts.

Since he took over the reins of power in January 2003, President Kibaki has cut the image of an astute manager with the very rare, but much needed, delegation skills in the execution of his office’s mandate.

For the most part of his stay in power, many Kenyans have indeed appreciated the freedom he has accorded ministers to run the various departments of government in their dockets without interference from State House.

In the past couple of years, however, the President has intervened in the matter of mobile telephone call costs in a manner that is not only surprising, but also suspect.

In the matter of Mobile Termination Rates, he acted in a most unconventional manner -- wading deep into the work of an agency that is more than four levels below his office.

The intervention, whatever its merits, has been done in a most irregular manner and in direct contravention of the law that guides the operations of the telecoms sector regulator -- the CCK.

High level intervention in the operations and decision-making processes of an independent agency does set a bad precedent.

It flies on the face of the Kenya Information and Communications Act, which states that “except as provided for under (the) Act or any other law, the commission shall exercise its functions independent of any person or body”.

The source of the directive and the nature of its demands are even more telling.

It is not clear why the President chose to use his private secretary to communicate to a State agency. Moreover, to demand that a fresh study of the impact of the new termination rates be done and the report taken to him for consideration amounts to gross violation of the regulator’s mandate.

To the best of our knowledge, the CCK has a credible pool of telecoms experts and Mr Kibaki has no expertise in matters telecoms.

Neither is Prime Minister Raila Odinga in the frequencies administration matter into which he has waded with similar edicts.

Why, pray, have we hired people to work at the CCK if we feel they have no skills to do the job and must be directed on how to do it?

It is not too much to ask the President and PM to keep off the affairs of CCK and let the experts in the organisation do their job.