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

Wed Apr 20 10:50:53 EAT 2011

@ Walu, sometimes it is hard to express myself in the English language, what
i meant is that this is not a life and death situation, too much heat is
being directed at the DG and the  Minister creating unnecessary confusion, i
was simply vouching for the public good aka industry perspective as you say.
Well sanity will prevail.

On Wed, Apr 20, 2011 at 10:40 AM, Walubengo J <jwalu at yahoo.com> wrote:

> @ 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<http://mc/compose?to=jwalu@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<http://mc/compose?to=francis.hook@gmail.com>>
> wrote:
> >
> > From: Francis Hook <francis.hook at gmail.com<http://mc/compose?to=francis.hook@gmail.com>
> >
> > Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by
> > DMakali
> > To: "Walubengo J" <jwalu at yahoo.com<http://mc/compose?to=jwalu@yahoo.com>
> >
> > Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke<http://mc/compose?to=kictanet@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<http://mc/compose?to=jwalu@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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> >
> > --
> > Francis Hook
> > +254 733 504561
> >
> >
> >
> >
> >
>
> --
> Sent from my mobile device
>
> Barrack O. Otieno
> Afriregister Ltd (Kenya)
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>

-- 
Barrack O. Otieno
Afriregister Ltd (Kenya)
www.afrire <http://www.afriregister.com>gister.bi,
www.afriregister.com<http://www.afriergister.com>
<http://www.afriregister.com>ICANN accredited registrar
+254721325277
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Skype: barrack.otieno
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