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MEDIA, INFORMATION & GOVERNANCE PROGRAM WORKSHOP ON ACCESS TO INFORMATION, MEDIA AND ACCOUNTABILITY IN KENYA LAKE NAIVASHA SOPA RESORT 1ST – 3RD NOVEMBER 2007 AGENDA DAY 1: November 1, 2007 3.00pm

Departure from Nairobi (Transport outside Garden Square Restaurant, CBD)

7.00pm

Welcome Session Bush Dinner and Welcome Drink Introductions and Program Content Preview George Kegoro, Executive Director, ICJ-Kenya

DAY 2: November 2, 2007 8:30 – 9:00 am

Registration

9:00 – 10:00 am

Welcoming Remarks Speakers: Colin Bruce, Country Director, World Bank Ken Nyaundi, ICJ Council Keynote Speaker: Ms. Pansy Tlakula, Special Rapporteur on Freedom of Expression in Africa, African Commission on Human and Peoples’ Rights

10:00 – 10:15 am

Coffee/Tea and Group Photo

Part 1:

The Kenyan Legal Context

10:15 – 12:15 am

Session 1:

Current Status of FOI and ICT Bills and Media Law

This session will present the background and current status of the parliamentary debate surrounding the ICT and FOI bills as well as an overview of the recently enacted media law. How do these bills compare to international “standards” for similar legislation? Do the bills contradict or overlap with each other? Are the bills designed to deal with Kenya’s specific policy needs and local context? Speakers:

Dr. Kulubi, Director, NCS (Media Act 2007 and Policy) Wachira Maina, Constitutional Lawyer (FOI Bill and Policy) 1

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Stephen Kiptiness, CCK (ICT Bill and Policy) Discussants: Joseph Kihanya, Media Lawyer and Lecturer Kevit Desai, ICT Expert, KEPSA Moderator: George Okado, ICT Expert 12:15 – 1.00 pm

Open Discussion with Session 1 Panelists

1:00 – 2:00 pm

Lunch

2:00 – 3:30 pm

Session 2: Building an Enabling Accountability and Transparency

Environment

for

Government

This session will identify the key components of building an enabling environment for open access to information and media in Kenya. How do the proposed bills fit in with the broader legal framework including laws on asset declaration, budget transparency, procurement, campaign financing, and conflict of interest? How can the judicial system adapt to protect these laws, thereby combating corruption and enforcing accountability? How can public officials strengthen their capacity to manage information? How to combat a bureaucratic culture of secrecy? Speakers: Wachira Maina, Constitutional Lawyer Discussants: Mwalimu Mati, Director, Mars Group Kenya and new Media Owner Kathurima M’Inoti, Chairman, Kenya Law Reform Commission Moderator: John Randa, Economist, World Bank Kenya Discussion 3:30 – 3:45 pm

Coffee/Tea

3:45 – 5:15 pm

Session 3: The Role of Media in Promoting Access to Information and Serving as a Public Watchdog Whether media can play any effective role in strengthening governance depends on how much access the media has to information, and what rights media has in publishing information once it is obtained. This session will focus on how media can promote an open access to information environment and its role in fighting corruption. For the Media to play its roles effectively it has to be ethical and professional. Speakers/Panel Discussion Joe Odindo, Nation Media Group Oketch Kendo, Managing Editor, Standard Media Group Martin Maasai, Independent Media, AFIM Rosemary Okello, AWC – Editors Guild Joe Kadhi, Media Council of Kenya – (Media Ethics in Kenya) 2

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Moderator:

Peter Warutere, World Bank Kenya

Discussion 5:15 – 5:30 pm

Summary of the First Day Sessions Moderator:

Wachira Maina

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DAY 3: November 3, 2007 Part 2:

Access to Information and Media Law - Implementation Challenges

9:00 – 10:45 am

Session 4: International Examples of Access to Information and Media Laws and their Implementation Strategies This session will offer case studies from two countries that have recently adopted and implemented access to information and media laws. Also, an international expert will present the type of internationally recognized “standards” that are needed for FOI and media legislation to be effectively implemented. These models will be compared to on-the-ground conditions in Kenya while highlighting specific implementation challenges. Speakers: Moderator:

Mukelani Dimba, Deputy CEO, Open Democracy Advice Center, South Africa Javier Corral Jurado, President, AMEDI, Mexico Theo Dolan, WBI

Discussion 10:45 – 11:00 am

Coffee/Tea

Part 3:

The Future of FOI and Media Law in Kenya

11:00 – 1:00 pm

Session 5:

Creating a Strategy for Moving Forward in Kenya

Participants will be divided into small groups in order to focus discussion on creating an action plan that will allow media, policymakers and civil society groups to shape the debate on FOI, media and ICT law in Kenya and create the foundation for effective implementation of the access to information and media laws. Moderator: Wachira Maina Break-out Group 1: Access to Information Law (advocacy and implementation) Facilitators: Joseph Kihanya; ICJ-Kenya Break-out Group 2: Media Law (implementation) Facilitators: Dr. Kulubi; MCK; Director of Information Break-out Group 3: ICT Law (revising the draft bill) Facilitators: Alex Gakuru ; ICT Experts 1:00 – 2:00 pm

Lunch 4

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2:00 – 3:30 pm

Closing Session:

Sharing Conclusions and Next Steps

Participants will share conclusions that emerged from previous group discussions. Group facilitators will combine conclusions in order to form an action plan for framing the continuing debate surrounding the three bills and how they affect good governance in Kenya. The action plan will also serve as a guide for media, policymakers and FOI advocates in monitoring the implementation of the three laws following their enactment. Speakers: Discussion group facilitators Moderator: Wachira Maina 3:30 – 4:00 pm

Summary of Second Day Sessions and Final Remarks The overall event moderator will close the session by summarizing the second day sessions as well as drawing conclusions from the entire workshop. Adoption of Resolutions and Action Plan by Workshop Participants ICJ-Kenya/WBI Workshop Adjourns

4:30pm

Departure from Lake Naivasha Sopa Resort

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