[kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali

Wed Apr 20 08:57:09 EAT 2011

@ Francis, Listers,

jst to clarify. These views are by David Makali.  My views on the same are already in the public domain in earlier posts on this list.  Which were that the Minister has a right to appoint the DG, but that RECENT government practice has been that such appointment is subject to the Board's recommendation.  

Further that the old act (1998 Comm Act)  which still applies does not (un)fortunately explicitly state the role of the Board in the appointment process. As such to me the minister will still be "Legally" right in appointing the DG inspite of the Boards contrary opinion. 

But I think its not enough to win legal positions, what's more important is for the board to have a good working relationship. With all due respect to DG (who is also my boss) and the Chairman (my friend) one of them has to go because the industry regulator and its role is bigger than both of them.

But hey, as Mutoro says, lets cross that brigde when the gazettment actually happens.

walu.

 Wed, 4/20/11, Francis Hook <francis.hook at gmail.com> wrote:

From: Francis Hook <francis.hook at gmail.com>
Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali
To: "Walubengo J" <jwalu at yahoo.com>
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Wednesday, April 20, 2011, 8:30 AM

Sorry Walu....but I beg to differ. Let me quote some parts of the article...
" his appointment as DG was not the most applauded and I doubt the circumstances of his re-appointment will elicit any more excitement."

so what? The hoi polloi who are now beneficiaries of his actions need not have known about his credentials or his actions.   Or should the recent Uhuru Park prayer meeting be the standard against which "success" should  be measured? If that is the case, if we have to laud people o their appointment (if we have to deem people fit even PRIOR to them rolling up their sleeves), then I want to "de-jivunia kuwa mkenya".

"He was a lower ranked official at the same organisation when he was elevated to the top in a recruitment exercise marked by intense lobbying and jostling. Indeed, part of his problems arise from the internal perception that he was helped up or bypassed more senior or deserving colleagues to become head."

So we should endure the old guard and the old ways. Perpetrate cronyism and jingoism in sector regulation?   Does one's tail have to be so long in order to wag it? Is this really a precedent we want to set?

That statement in itself fells the argument.  

"nowhere in the law is the minister invited to determine whether the Commission has acted right or wrong in its disciplinary actions. That is interference, period. "

Agreed. But, if in the first place, the basis of such decisions are flawed...then what? What recourse is there to the DG and the Minister if the board's decisions are not "above the board" ?
 Sorry...but I think this is the wrong judgement call.   It takes away attention from what the board's interests are and what national issues are at stake (and which have been served as per the mandate of CCK).  

Could David Makali instead elucidate what Mr Njoroge has NOT done or done wrong rather than burying all these issues in all manner of conjecture, hearsay and supposed adherence to the independence of CCK? 

On 20 April 2011 08:00, Walubengo J <jwalu at yahoo.com> wrote:

			It seems this saga refuses to die...
~~~
The Star
Tuesday, 19 April 2011 00:04		

			BY DAVID MAKALI		

A little over a week ago, Information and Communications minister 
Samuel Poghisio called a press conference to announce that he had 
revoked the suspension of the director general of the Communications 
Commission of Kenya.“For the avoidance of doubt, I wish to state that 
Charles Njoroge remains in office and that as the appointing authority I
 will proceed to renew his contract in line with the law,” he stated.
The
 minister’s intervention may have seemed timely and proper. Given the 
infighting that had become the order of the day at the CCK between the 
board of directors (or some) and the director-general, some form of 
external intervention was necessary to establish order.However, 
questions still linger over what exactly the minister did, if it was 
legal, and if it is in the interest of the general telecommunications 
sector and the public in general. At the time of this writing, his 
re-appointment or otherwise had not been gazetted.
more @
http://tinyurl.com/3cddk4h

walu.

_______________________________________________

kictanet mailing list

kictanet at lists.kictanet.or.ke

http://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for 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.

-- 
Francis Hook
+254 733 504561

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20110419/4afcba75/attachment.htm>