[kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages

Fri Apr 8 07:34:36 EAT 2011

Hi,

I believe there is someone (legal mind?) in this list who can shed light on this unfortunate development at CCK. Otherwise the grapevine takes over with half truths as well as politics rather than the law reigning. Or could it be a strategy to "muddy the waters" so much for DG Njoroge that people (well meaning and otherwise) will start telling him he should refuse the contract renewal to save his reputation because it is now tainted (remember the 4 Kibaki appointees recently!)?

Regards,
Jotham

--- On Thu, 4/7/11, Joseph Manthi <jmanthi at gmail.com> wrote:

From: Joseph Manthi <jmanthi at gmail.com>
Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages
To: jokilimo at yahoo.com
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Thursday, April 7, 2011, 11:52 AM

>From where I am seated and without other knowledge other than what I
have read in this discussion it sounds like the left does not know
what the right is doing and therefore leaving the center high and dry.

1. It sounds like the board has identified a candidate that they would
like to hire as DG and are using the new constitution as cover in
doing a midnight run around.

2. The Minister on the side, living in the pre new Constitution days,
feels slighted and decides to act with the old powers.

3. Hence the situation we find ourselves in.

When the last DG left, I remember there was some rumbling re: the
appointment of Njoroge as DG. I believe those people who felt slighted
are hitting back.

This confusion is being caused by a constitution that attempts to make
everyone happy - this is a practical impossibility. It is my humble
opinion that the simpler the law we live by the better. Simple
questions that come to mind:

1.Why does the Chairman of CCK need to be appointed by the President?
2. Why does the DG get appointed by the Chairman or its it CCK board?
3. Who appoints the board?
4. And does the minister have to approve the appointment?
5. And why does he have power to fire these guys?

Why can't this be simplified?

This is my editorialized 2 cents.

Joe

On 4/7/11, Walubengo J <jwalu at yahoo.com> wrote:
> my comments...
>
> 1.  It's unfortunate this incident (conflict at ministerial, board and
> management @ CCK) is happening when Kenya is set to host the Global IGF
> event (with the Regulator really as the leading convenor).  If we can clean
> our house before this impacts negatively on the IGF the better for everyone.
>
> 2.  The roles of the Minister, the Board and Mngt are clearly spelt out in
> the Communication Act 1998, 2009.  Yes, the Minister appoints and can renew
> the mandate of the Director General.  But this is "expected" to be from the
> Advice of the Board, whose Chairman is appointed by the President.  So in
> terms of Governance structures there is some sense of cross-checking of each
> others powers.
>
> 3.  Though not explicit in the two communication Acts of 1998 and 2009,  the
> current practice in most Kenyan State corporations assume that the Board
> will shortlist 3candidates and ask the Minister to chose one qualifying
> candidate for appointment. Indeed this is how the current and the previous
> DGs of CCK have been hired (maybe guided by another law e.g. State
> Corporation Act? Some legal mind could confirm).
>
> 4. Can the Minister appoint a DG without the Boards input - legally, due to
> the non-explicit statement in the act on the same, it looks like yes he
> can.  But then it begs the question, why then has the Board been
> interviewing candidates for the Job? Why then have performance evaluations.
>
> 5. Finally,  but  without the benefit of the board proceedings, I would
> imagine the ruling by the Board not to renew the DGs contract as being quite
> exceptional rather than the norm. We all know many "under performing" public
> officers still enjoying their offices...from purely an observers view, am
> not quite convinced the DGs performance really warrants the sack. And
> neither am I convinced that the Minister's intervention does solve the
> problem and we shall therefore all live happily there after.
>
> walu.
>
>
> --- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai at gmail.com> wrote:
>
> From: Eng.
>  Wainaina Mungai <wainaina.mungai at gmail.com>
> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row
> rages
> To: jwalu at yahoo.com
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Date: Thursday, April 7, 2011, 7:25 PM
>
> The rain started beating us at *Performance Appraisal* so.....
> Was the appraisal fairly done or was the Board biased all-along?
> re; "Reports have been rife that Mr Poghisio had threatened to dissolve
> the board should a review from SCAC show that due process was not
> followed in evaluating the Director General’s performance and hence the
> hasty move by the Okundi-led team."
>
> Eng. Wainaina
>
>
> On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick at gmail.com> wrote:
>> A Segment on the captial FM news site
>
>>
>> On 7 April 2011 18:36, McTim <dogwallah at gmail.com> wrote:
>>>
>>> On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu)
>>> <nmutungu at gmail.com> wrote:
>
>>> >
>>> > I agree there should be independence. At the moment, one always wonders
>>> > how
>>> > the board was constituted? how they came to their decision? how they
>>> > decision can be defended? who protects public interest in the Board? if
>
>>> > consumers (or anyone for that matter) is unhappy with the board
>>> > decision,
>>> > who can they turn to? Is that why there was Ministerial
>>> > intervention?.....It
>>> > would help if there was clarity on these matters.
>
>>
>> Alice seats on the board.Maybe some light on how the board is formed?
>>
>>
>>>
>>> Indeed, not sure we will get that though!
>>>
>>> I find it ironic that when I read the Nation, there is an
>
>>> advertising supplement in it, touting CCKs new Charter, ISO
>>> certification and all the fabulous things it did in 2010, then I sit
>>> down at my PC and find that the DG of the CCK has either:
>
>>>
>>> A: gone on leave
>>> B: gone for good
>>> C: will be keeping his job
>>
>> "I am informed that following an altercation that occurred during a
>> technical committee meeting of the board this week pitting the DG and of
>> the
>
>> board members, the chairman of the board unilaterally and without
>> consultation with my office decided to order Mr Njoroge to proceed on
>> leave," explained the minister and declared the decision null and void.
>
>>
>>>
>>> depending on whom one chooses to believe.  I suggest we let the dust
>>> settle so we can see clearly before we make any judgements.
>>>
>>> One thing is clear however, independence and greater transparency
>
>>> (i.e. publicly available transcripts of Board meetings) would be a
>>> start.
>>>
>>>
>>> --
>>> Cheers,
>>>
>>> McTim
>>> "A name indicates what we seek. An address indicates where it is. A
>
>>> route indicates how we get there."  Jon Postel
>>>
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>>
>>
>> --
>> James M. Muendo
>>
>
>> P.O Box 28016 - 00200,
>> Nairobi.
>> Mobile: +254725567508
>> skype:tim.rick      | Twitter: Mmuendo    | gtalk: timrick
>>
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>> people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>
>> sector in support of the national aim of ICT enabled growth and
>> development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>
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>
>
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