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

Wed Apr 20 11:34:06 EAT 2011

Just to be in the know, what reguulation did the minister flout? Had
the appointment been made directly by the Executive, and retained the
DG, would it have elucidated this kind of debate?
For all intent and purpose, if the performance of DG has been against
the normal practices, then that would be a great point to see his safe
exit from the Commissuion.
What, if any, are the basis, criterion, a minister can apply in firing
a CEO based on the existing regulations?

Some legal challenges here need thorough interpretations, but AFAIK,
the common person is the beneficiary of the general changes that the
sector has undergone.
How I wish, as Barack has put it, Hon. Okundi and Hon. Poghisio could
sort their differences without creating an impasse on the operations
of the CCK.

On 20/04/2011, Barrack Otieno <otieno.barrack at gmail.com> wrote:
> @ 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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>> >
>> > --
>> > 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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>