[kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION

[Vitalis Olunga]

Dear MM,
 
What you have raised here is a very pertinent “Corporate Governance” issue. What 
is being proposed is a definitely a deviation from the current structure. But 
what is needed is just to make it a bit more clear, how it is to function. 
Probably we just need to address ourselves to a few questions, for example: What 
will be the top management structure of ICCK like? Is there need to have a kind 
of Board to oversee the management of ICCK?  The roles of Commission Chairman 
and fellow Commissioners and the Director General and his/her team of fellow 
Directors (the Staff) should to be clearly definite and demarcated.  This should 
be clearly articulated in the Bill/Act to avoid any confusion.  If the 
commissioners are fulltime engaged in the daily running of ICCK, whether 
developing strategies or in whatever roles, then there could be conflict in 
roles with that of the DG, but only if the DG has a similar or same power of 
authority as the Commissioners.  The way the Draft Bill is at the moment, the 
role of the DG is being reduced to a lower level (not necessarily a line manager 
position), and the commissioners are to play the role of top management team of 
the organization. This will of course subdue the role of Director General, to a 
lower level as the DG will be reporting to the Commission Chairman and his/her 
team who will be responsible for the daily running of the ICCK affairs.  There 
could be a conflict of roles here; however the position of the DG is reduced, if 
the chairman of the Commission takes over the daily management functions of 
ICCK.  There could be a body to oversee the activities of the Commission whose 
role is not daily management of the ICCK. But on the other hand, this kind of a 
structure is what is to be abolished to give birth to a body with a teeth to 
bite; a body with authority to make decisions, without political and other forms 
of interference from the environment; an independent regulatory authority whose 
activities is governed and directed by the rule of the laws and the regulations, 
“not by a board of directors” with political lineages.   
 
Regards
 
Vitalis


________________________________
From: muriuki mureithi <mureithi at summitstrategies.co.ke>
To: volunga at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Thu, February 24, 2011 3:01:51 PM
Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION


Hi Catherine 
 
I have been struggling  about the power structure in the proposed ICCK and how 
to demarcate the spheres of influence to ensure  an efficient and effective ICCK 
and have problems
 
On one hand we have   commissioners appointed  who collectively have a wide 
range of expertise Section  5 (3)(b)(1)(ii ) – Is this how to refer to the 
sections -  and  are fulltime Sec 7 (6) . This suggest that they will be  
literally in the ICCK premises and  it can be expected that  strategic  and 
policy activities  cannot  keep the commissioners busy  all the time. On the 
other hand is a full time  DG  Section 14(1)  who  ASSISTS the ICCK and under 
the direction and control  of the commission.
Two issues 
-          The commissioners  are not busy enough as full time commissioners and 
will certainly go below the realm of the strategy and policy  and really reduce 
the power of  a DG to be  a chief operating officer. This is not desirable 

-          By not allowing the  DG to attend  the meetings of the commission it 
makes  it even more necessary for the commissioners to meddle into operational 
matters 

Suggestions 
State explicitly that the DG attends meetings of the ICCK as an ex-official 
member and  the role is  NOT assist but execute the decisions of the ICCK
 
Cheers 
 
 
cheers 
 
Muriuki Mureithi 
 
The happiest of people don't necessarily 
HAVE the best of everything; 
They just MAKE the best of everything
 
From:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke 
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke] 
On Behalf Of Catherine Adeya
Sent: 22 February 2011 04:46
To: mureithi at summitstrategies.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION
 
Dear Kictanet List Members,
 
Muriuki, Walu, Matunda, GG, Barrack, Vitalis, Kerubo.....thank you for your 
contributions these last two days. I believe others are gearing up for this last 
week of discussions. Day 5 and 6 have had very similar summaries and as such I 
do not want to be repetitive. Therefore, I will keep this short. Today we begin 
the discussion on:
 
SECTION 14:  STAFF TO THE COMMISSION. 
14(1)(a) The Commission shall appoint a Director-General. 
14 (2) Shall appoint staff by ensuring equal opportunity employment practices 
and represents cross-section of population in Kenya
Question: Your thoughts on this? Would you like to see more clarity on gender 
issues, people with disabilities etc. please clarify and elaborate.
 
I look forward to reading your contributions.
 
Best,
 
Nyaki


      
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