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

Wed Apr 20 09:45:56 EAT 2011

Your sentiments are correct Walu, the current DG and the board have
done some commendable work alongside many other members I government,
private sector and civil society, even if the DG was to leave he would
still be usefull to the sector, I think the Min and Hon Okundi should
resolve the issues amicably, at least I can facilitate a cup of tea at
the Intercon ;-), there is no winner in this duel we will all lose.

On 4/20/11, Walubengo J <jwalu at yahoo.com> wrote:
> @ 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.
>
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> --
> Francis Hook
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