[kictanet] Governance vs Utiliterianism

[muriuki mureithi]

We did a study on governance issues on TEAMS  for AFRICOG (www.africog.org)
found as much. It was a case where  government want to undertake a frontier
bursting project in the interest of the country  but there was no guiding
law. How would the risk be addressed if the project failed purely due to the
operational market dynamics     ? . we came up with some suggestions  . You
may wish to communicate with Africog

Cheers 
MM

-----Original Message-----
From: kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.k
e] On Behalf Of Al Kags
Sent: 30 October 2009 08:47
To: mureithi at summitstrategies.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Governance vs Utiliterianism

I am studying an interesting report on the governance of pioneering public
projects that are geared towards increasing competitiveness of a country.
Such projects could include, TEAMS, the ROOLA project and the Athi River
Plantation project. 

On the one hand, there is the thinking that the government must act fast and
intuitively to lay such projects on the ground to ensure that the country
has the facilities it requires for its people to be competitive. A good
example of this is TEAMS, where the government had to act fast to increase
Kenya's competitiveness.

In many cases, this fast action, by necessity circamvents the existing law
because the law doesn't change as intuitively. Take TEAMS: people who are
versed in questions of governance have put the government to task on its
governance. They say that while the government has acted in the public's
best interest and with integrity on this project (this is the one large
scale government project that hasn't taken decades and has no scandal), it
may have gone beyond existing operational law, which sets a precedent that
can be misused.

I am trying to gain perspective on this issue. What have other countries
done with their laws where they have found themselves needing to move
quickly beyond the existing law? How did they ensure no reduction in speed
of delivery of competitive public service despite the slow changing,
sometimes complicated legal process?

If you have opinions as well as materials I could read/watch/listen to, I
would be most interested.

Al Kags
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