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

Wed Apr 20 10:40:39 EAT 2011

@ Barrack,

now you will get me fired.  I never said the DG should leave!  

I just said that when two bulls fight, the grass (industry) eventually suffers and the simplest and quickest solution is to get rid of ONE of the bulls.  Am not really interested in which one survives or goes since I am looking at it from an Industry perspective rather than a personal perspective. 

walu.

--- On Wed, 4/20/11, Barrack Otieno <otieno.barrack at gmail.com> wrote:

From: Barrack Otieno <otieno.barrack at gmail.com>
Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali
To: "Walubengo J" <jwalu at yahoo.com>, "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Wednesday, April 20, 2011, 9:45 AM

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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-- 
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Barrack O. Otieno
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