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

Thu Apr 21 08:49:08 EAT 2011

Hi Listers 

Yesterday's discussion was very insightful   and it would be a pity if it
did not inform our legal framework going forward .   In Feb and March this
year, we fervently contributed to the upcoming  ICCK Bill on the initiative
of Dr Ndemo.  The final report  from the list is attached for those who did
not have a chance to look at it.  The closing date for comments in the list
was March 22nd.  Unfortunately, we did not have the benefit of this
discussion and would suggest that the moderator include some of the comments
that come from the on-going postings . Some of the issues raised are not
addressed in the Draft ICCK and we are condemned to repeat it even in the
new dispensation . My key take-away from yesterdays discussion  which should
inform ICCK now in drafting stage are; 

- term 1 and any subsequent terms  of a DG office holder are delinked -
appointment in the first term does not confer  any  claim whatsoever to any
subsequent terms. The incumbent holder is eligible   for a further term (s)
but in a competitive process  not a decision of the Board . An effective
incumbent has the advantage of incumbency he/she can present to the
selection panel. The panel is of course at liberty to take note 
- the appointment of the Board must be through a competitive process and
reflect the face of Kenya, the supply side and demand side of the sector
- Board positions should be filled  just like that of the DG, i.e. an
outgoing Board member apply for renewal  before the expiry of the term and
the position is filled by the time of the expiry of the term and remove
discretion on the date of appointment 
- the hiring authority for the DG is the Board . This therefore commits the
Board  and provides it with unfettered tools to  deliver on performance
contracting. Thus there cannot be performance of the Board versus
performance of the DG 
- DG has  a right of  appeal, else the holder will be a mere functionary ..
In the current set up  and also as envisaged in the ICCK Bill, the DG has no
right of appeal to the Board Decisions. 
- that decision of the CCK emanate from the Board  and not any other office,
any appeal to that decision belong to the Appeals  Tribunal.  The Appeals
Tribunal needs to be freshed out  to handle these issues including the case
of any staff who feels aggrieved by decisions of the Board exercising the
powers under the Act 
- in conformity with the new constitution, deliberation of the Board are
public information 
- ICCK cannot be independent if the government has the largest
representation at the Board through PSs.
- The number of Board members should be defined. ICCK Draft only prescribes
' at least ' -- should be have a limit and remove discretion.

cheers 

Muriuki Mureithi 
Consultant Member 
Society of Telecommunications Consultants 

what chance gathers , she easily scatters !! Johann  Wolfgang von Goethe

-----Original Message-----
From: kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.k
e] On Behalf Of McTim
Sent: 20 April 2011 20:35
To: mureithi at summitstrategies.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by
DMakali

Hi,

On Wed, Apr 20, 2011 at 5:05 PM, Eng. Wainaina Mungai
<wainaina.mungai at gmail.com> wrote:
> Dear all,
> There is an angle to this whole story that is revealed in "The Indian
Ocean
> Newsletter"
>
on http://www.africaintelligence.com/ION/politics-power/2011/04/16/trench-wa
rfare-against-njoroge-at-cck%2C89365816-ART-login

I hit a paywall (4 Euro for 200 words is 2 Euro cents per word!)

Can you post it here please?

Can you imagine how wealthy we would all be if we got 2 Eurocents per
word from everybody who read for what we write online!!

-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A
route indicates how we get there."  Jon Postel

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