[kictanet] Court Ruling on CCK DG

Thu Aug 11 15:57:48 EAT 2011

Solomon,

Who knows who is right or wrong? Let's step back from the specifics of this case. Going forward, anybody who takes an oath to  hold public office will have to literally uphold and protect the constitution. Most of them are now protecting themselves and their cronies. But the game has changed forever. The only thing that prevents the political elite realizing this is the lethargy and docility of us Kenyans especially the middle class. Any senior public official (Minister, PS etc) will have to engage a full time legal adviser to ensure that they avoid the pitfalls of the courtroom. BUT... THIS IS GOOD. It is part of the price of fighting impunity. In the short term, there will be a lot of wrangling. But that is because we have public officials who still think they are the Lords of the Ring. Once they recognize this reality (please note that it will be painful and long drawn for most of them), things will cool down. The courts will become less activist and
 balance will be restored. But the skirmishes will be plenty.

--- On Thu, 8/11/11, Solomon Mbũrũ Kamau <solo.mburu at gmail.com> wrote:

From: Solomon Mbũrũ Kamau <solo.mburu at gmail.com>
Subject: Re: [kictanet] Court Ruling on CCK DG
To: "Charles M" <cmutsi at yahoo.com>
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Thursday, August 11, 2011, 12:17 PM

@ Charles,
All these depends on a niumber of factors.
Was the minister acting within the law? Was the re-appointment of
CCK's DG necessary?
At times, when we allow courts to act in this way, we might end up
being a court run country literary. Why? Because everybody will be
running to the court whenever an issue is going against them.
Maybe someone needs to tell me, what did the DG fail to do, for me to
give my opinions. At times, it looks a political survival for some
leaders who don't want to look any irrelevant.

I'm just lost in this whole cycle.

On 11/08/2011, warigia bowman <warigia at aucegypt.edu> wrote:
> Dear Brian
>
> I am with you ndugu!
>
> Can you please review the ruling for me? Some of us were upcountry yesterday
> and only heard it briefly.
>
> Yours, Rigia
>
> On Thu, Aug 11, 2011 at 3:04 PM, Charles Mutsi <cmutsi at yahoo.com> wrote:
>
>> Am I the only one who thinks that yesterday's court ruling is landmark for
>> our country and the rule of law. Another nail in the coffin of impunity!!
>> People this is BIG. Anybody can challenge anything. So our government has
>> to
>> walk the straight and narrow!! How many other such irregular appointments
>> are made by government? Just yesterday, the Honorable PM's OFFICE was
>> quoted
>> as ordering the board of Lake Victoria water Services to reinstate the
>> CEO.
>> He has also directed the PS to reconstitute the board. A board is
>> appointed
>> for a specific tenure. Has their term ended. If not, will such
>> reconstituting be legal? Is the board obliged to follow a Prime
>> Ministerial
>> directive for what is a designated board function? What recourse does the
>> PM's office have if the board ignore his directive? Take the Koskey case.
>> The minister disregarded a decision by the board and went ahead to appoint
>> someone else. Going forward, political and government leaders will have to
>> learn how to influence rather than decree. In the meantime, being a
>> Minister
>> is not all it's cracked up to be. You can't even appoint an MD!!
>>  .
>>
>>
>>
>>
>>
>>
>>
>>
>>
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>> |3 R 1 /-\ |\|
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>> sector in support of the national aim of ICT enabled growth and
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