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

Fri Apr 8 08:38:48 EAT 2011

In an earlier thread I had hoped to spark debate on this issue but everyone
kept mum.   I believe the concerns I raised then still hold true.
>From the responses I have seen to this thread so far, two things are
immediately apparent:

1 - CCK needs to be independent
2 - For it to be seen as independent, its board's decisions must be very
transparent.

Inherent in these issues I think the problem lies.   Personally I see more
good thats been done in the last 2-3 years.

Rgds
F

On 8 April 2011 07:34, Jotham Kilimo Mwale <jokilimo at yahoo.com> wrote:

> 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<http://us.mc366.mail.yahoo.com/mc/[email protected]>>
> 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<http://us.mc366.mail.yahoo.com/mc/[email protected]>>
> wrote:
> >
> > From: Eng.
> >  Wainaina Mungai <wainaina.mungai at gmail.com<http://us.mc366.mail.yahoo.com/mc/[email protected]>
> >
> > Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as
> row
> > rages
> > To: jwalu at yahoo.com<http://us.mc366.mail.yahoo.com/mc/[email protected]>
> > Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke<http://us.mc366.mail.yahoo.com/mc/[email protected]>
> >
> > 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<http://us.mc366.mail.yahoo.com/mc/[email protected]>>
> wrote:
> >> A Segment on the captial FM news site
> >
> >>
> >> On 7 April 2011 18:36, McTim <dogwallah at gmail.com<http://us.mc366.mail.yahoo.com/mc/[email protected]>>
> wrote:
> >>>
> >>> On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu)
> >>> <nmutungu at gmail.com<http://us.mc366.mail.yahoo.com/mc/[email protected]>>
> 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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> >
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> people and institutions interested and involved in ICT policy and
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> sector in support of the national aim of ICT enabled growth and development.
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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,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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-- 
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+254 733 504561
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