[kictanet] Independence of CCK?

Tue Jul 29 17:40:00 EAT 2008

Dear Colleagues,

This debate on the independence or otherwise of the CCK is getting
personalised in a way that helps none of the stakeholders or the
industry.  It would be useful if objective evidence to support or negate
statements for or against the independence of the CCK was adduced. In
any event, we should focus on holding the CCK to account for its
mandate, just as every stakeholder should be held  to account for those
aspects for which they are responsible.

Let us give peace a chance.

Kind regards

Eric Aligula Magolo, PhD

Senior Analyst

Infrastructure and Economic Services Division

Kenya Institute for Public Policy Research and Analysis (KIPPRA)

P.O. Box 56445, 00200 Nairobi, Kenya
Telephone:       +254-20-2719933/4
Fax:                +254-20-2719951
E-mail:            jairah at kippra.or.ke <mailto:jairah at kippra.or.ke> 
URL:              www.kippra.org <http://www.kippra.org/> 

Proudly Kenyan

"In the long history of the world, only a few generations have been
granted the role of defending freedom in its hour of maximum danger. I
do not shrink from this responsibility..........I welcome it."

John F. Kennedy 

"All that is necessary for evil to triumph is for good men to do
nothing."

Edmund Burke 

"Far better to dare mighty things, to win glorious triumphs, even though
checkered by failure, than to take rank with those poor spirits who
neither enjoy much nor suffer much, because they live in the gray
twilight that knows not victory, nor defeat."

Theodore Roosevelt

"Ex Africa semper aliquid novi"

From: kictanet-bounces+jairah=kippra.or.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+jairah=kippra.or.ke at lists.kictanet.or.ke] On
Behalf Of Brian Munyao Longwe
Sent: 29 July 2008 15:50
To: Eric Aligula
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Independence of CCK?

Bw Waudo,

You need to read before you write - I said *most* independent,
professional and focused (in Africa).

interpret that however you want to....

Best regards,

Brian

On Jul 28, 2008, at 8:28 PM, waudo siganga wrote:

Hi Brian - I am intrigued by your announcement praising the
"independence" of the CCK. I would like to put your assertions to
debate. I am not sure how you define "independence". To me it means the
organization is not controlled by any of its stakeholders in its
decision-making. So who are the stakeholders? Sometime back it was only
Government and some "private sector". We have recently correctly
included civil society. Maybe we need to add the technical community as
well as academia. I cannot recall the provisions of the enabling
instrument (Info and Comms Act) but the point I would like to make is
that all the reps of the "stakeholders" on the Board are appointed BY
THE GOVERNMENT. I am open to correction but I cannot recall any point in
time when the private sector has been approached to nominate private
sector reps to the CCK Board. Perhaps same for other stakeholders. If
the resultant Board ends up being described as "Independent" then
perhaps my online dictionary has been hit hard by a virus. Compare this
with Government bodies like the Public Procurement Oversight Authority.
The enabling instrument, Public Procurement  and Disposals Act 2005
clearly sets forth how the governing organs like the Advisory Board are
set up. There is a bottom up participatory process where stakeholders,
including associations, are empowered by the Act to nominate persons
they know well from their industry spheres, and the Minister for Finance
makes his final selections only from the resultant list. Somewhere in
that Act the Computer Society of Kenya is listed explicitly as a
nominating agency. I have never seen such provisions in the Board
nomination processes for ICT related public entities including the CCK.
Maybe if you have better information you can let me know the process how
the Board of CCK gets to be populated then hopefully I can believe you
that CCK is "independent".

Waudo

On Mon, 28 Jul 2008 14:54:13 +0300, "Brian Longwe" <blongwe at gmail.com>
said:

	Bw Wafula,

	I can assure you - after many years of working with regulators
and operators across all of Africa Kenya has the most independent,
proffesional and focused regulatory authority.

	Take a look at South Africa - capture - spells out what ICASA
has been under since inception

	What country can you point to that has the levels of
independence and autonomy that CCK has.

	Brian

	On Thu, Jul 24, 2008 at 10:15 AM, joseph wafula <
muliaro at yahoo.com> wrote:

I congratulate Mr Njoroge for the appointment as DG for CCK, however I
still find the criteria used weak if what was in last Saturday Nation
newspaper was part of the criteria. What is clear is that we are far
from expecting CCK to meet WTO expectation of an independent regulator.
CCK is strongly under what I term "political capture".  The issue of
salary one earns as a prerequisite for short-listing for the post makes
it even worse in my view. What is the future for such criteria in the
eyes of all stakeholders particularly those in private sector, Foregn
Direct Investors etc? the question is, how can such officer be free from
government influence and special interest? Perhaps the criteria of
appointment need to be revised to give an independent outfit and
sectoral professionalsm to CCK DG position.   

Dr Muliaro Wafula

Lecturer JKUAT & Director 

Kenya E-governance and E-Content Backbone

--- On Wed, 7/23/08, Shem Ochuodho <shemochuodho at yahoo.com> wrote:

	From: Shem Ochuodho <shemochuodho at yahoo.com>

	Subject: Re: [kictanet] New DG

	To: muliaro at yahoo.com
	Cc: "New Vision List" <newvisionkenya at yahoogroups.com>, "Robert
Onyango-Alai" <alai.robert at gmail.com>, "KICTAnet ICT Policy Discussions"
<kictanet at lists.kictanet.or.ke>
	Date: Wednesday, July 23, 2008, 6:14 AM

Dougi,

Of course Google (and its variants!) has never been the only method to
gauge qualification! Sadly, it is/they are the only measure we have
these days, especially for ICT!

Brian, I have never known in any profession what you say to be a
parameter for qualification or eligibility. Otherwise if it were,
wouldn't people like Atieno Ochola (gender notwithstanding), Matano
Ndaro, Michael Katundu, John Omo, and many more at CCK be as much
deserving?

Lest am asked: 'declare your interest', let me do so. The other day I
noticed an MP (who is either a present or past CCK director) contribute
to a motion on CCK without 'declaring interest'; he was lucky to get
away with it. I too applied for this job, not because I expected to be
considered, but to find out if Kenya had changed; if we had moved on to
a New Kenya where it didn't matter where [in Kenya] you came from, who
you knew, whose son/daughter you had married, etc. We do not seem to
have learnt from the events of the turn of the [last] year! Kenya
appears to be sitting on a time bomb. Formation of the coalition does
not seem to have detonated it.

I have previously contended that Kenyan informaticians are endangered.
How right I am/was. The words 'mediocricity, political expediency,
ethnic bigotry' keep ringing on my ears. So, it now appears we cannot
find an eligible informatician to lead CCK and we have to get an
economist! I wait for the day, for instance, when the IMF shall be
headed by an informatician, or one James Rege shall be Finance Minister!
Short of the ICT professionals organizing themselves and regaining their
space, we have a long wait.

Best rgrds,

Shem

--- On Mon, 7/21/08, Brian Munyao Longwe <blongwe at gmail.com> wrote:

	From: Brian Munyao Longwe <blongwe at gmail.com>
	Subject: Re: [kictanet] New DG
	To: "Shem Ochuodho" <shemochuodho at yahoo.com>
	Cc: "KICTAnet ICT Policy Discussions" <
kictanet at lists.kictanet.or.ke>
	Date: Monday, July 21, 2008, 5:54 PM

	IMHO Njoroge has been "the power behind the throne" for every
one of the 
	 last DGs. I think he will make an excellent leader. His time
has come. 

	Congrats Bw Njoroge

	Brian
	Sent from my iPhone

	On 21 Jul 2008, at 9:32 PM, "waudo siganga" <
emailsignet at mailcan.com> wrote:

		Anyone with background info on new DG? Google only has
the appointment dd 21/7 

		On Mon, 21 Jul 2008 17:40:24 +0300, "Wainaina Mungai" <
wainaina at madeinkenya.org> said:

			I would assume Nyaki meant "effective
engagement" rather than "effective management"

			Regards
			Wainaina

			On Mon, Jul 21, 2008 at 4:45 PM, Catherine Adeya
<elizaslider at yahoo.com> wrote:

			Walu,

			Your suggestion for 3.5 is good though I think
it should simply be 'How to organize Associations for Effective
Managment with the Government.

			Unless I heard wrong, KTN Sunrise news this
morning announced Mr Charles Kinyanjui Njoroge as the new CCK DG.

			Nyaki

			----- Original Message ----
			From: John Walubengo <jwalu at yahoo.com>
			To: elizaslider at yahoo.com
			Cc: KICTAnet ICT Policy Discussions <
kictanet at lists.kictanet.or.ke>
			Sent: Monday, July 21, 2008 2:31:33 PM
			Subject: Re: [kictanet] Forum Agenda - Lets
focus

			Harry,

			Indeed it would be a public forum - but to what
extend has the message gone  outside Nairobi given that most listservers
have subscribers in NRB? Maybe there's need to have the traditional
notice in the print media.  

			As for the Agenda proposed and copied below,
			1.      Forum Objectives
			2.      Association presentations
			3.      General Discussion
			4.      Way forward

			I would add - 3.5. How to Organise the different
Associations for effective engagement with Govt.

			walu.
			nb: meanwhile, unconfirmed reports from my moles
indicate that a new DG for CCK has been unveiled. Anybody with such a
copy?

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