[kictanet] Rationale behind proposed CCK change of guard?

[Catherine Adeya]

Walu,

Are the current or forthcoming appointments (for this year) using the Old or New 
Constitution at the moment? It does have implications on how much power the 
Board has and how much the Minister has. In some cases I still think they are 
being used interchangeably but I would be interested in getting a response to my 
question.

Nyaki




________________________________
From: Walubengo J <jwalu at yahoo.com>
To: elizaslider at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Fri, March 25, 2011 1:26:30 PM
Subject: Re: [kictanet] Rationale behind proposed CCK change of guard?


@ Francis,

I agree.  The silence on this issue is indeed loud.  And now the problem seems 
to be getting aggravated by the minister's intention to review what the Board 
had ruled.

But my comment is that once any CEO "falls" out with his/her Board, then the 
environment is already soiled and one of them (the Board) or the CEO has to go 
for the greater good of the public. It rarely matters whether it was the Board 
or the CEO that was in error/underperforming...the eventual loser in such 
circumstances is the public.

I think the current Communication Act empowers the Board to nominate the DG/CEO 
while the Minister makes the appointment.  This means the Board reserves the 
right to fire and hire the CEO (Eng. Kariuki can correct me if am wrong) and 
there's very little the Minister can do to reverse such a decision (especially 
in the  current highly enlightened constitutional dispensation).

The best route the CEO could take is for the Board's decision to be challenged 
in a court of law i.e. CEO can claim damages for illegal or unfair dismal and 
there's sufficient precedence right here in Kenya where this has successfully 
worked in favour of the CEOs.

walu.

--- On Fri, 3/25/11, Francis Hook <francis.hook at gmail.com> wrote:


>From: Francis Hook <francis.hook at gmail.com>
>Subject: Re: [kictanet] Rationale behind proposed CCK change of guard?
>To: jwalu at yahoo.com
>Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
>Date: Friday, March 25, 2011, 10:28 AM
>
>
>Its gratifying to note that this issue is being taken up by Hon Poghishio.  
>
>
>http://www.businessdailyafrica.com/Corporate+News/Minister+probes+CCK+board+action+on+chief+executive/-/539550/1132506/-/q1k6c2z/-/index.html
>
>
>
>And also merits an opinion piece in the same paper:
>
>
>http://www.businessdailyafrica.com/Opinion+++Analysis/CCK+board+must+ensure+transparency+is+maintained/-/539548/1132384/-/item/1/-/117kru0/-/index.html
>
>
>
>I find the silence on KICTANET on this issue rather unsettling....if anything it 
>merits more debate that customer service and quality of service issues - 
>ironically, IMHO, to throw Mr Njoroge under the bus, may allow such issues to 
>persist...
>
>
>
>
>
>On 15 March 2011 11:05, Francis Hook <francis.hook at gmail.com> wrote:
>
>In today's Business Daily is the story about the looming exit of Charles Njoroge 
>from CCK.
>>
>>
>>http://www.businessdailyafrica.com/Corporate+News/Change+of+guard+looms+at+CCK+as+board+asks+for+Njoroges+exit/-/539550/1125014/-/eo20uc/-/
>>
>>
>>
>>Looking at CCK's Mandate (http://www.cck.go.ke/about/what_we_do.html) and 
>>thinking of some aspects of that story (e.g. his appraisal score) and also 
>>looking at recent positive developments (anti-competition, lower tariffs, MNP, 
>>converged licences, etc), when reviewing Mr Njoroge's tenure vis a vis that 
>>mandate, what is the rationale behind his proposed removal?    I understand we 
>>cannot all be privy to the details of his appraisal but perhaps it merits some 
>>open discussion, more so when looking ahead and trying to read the tea leaves in 
>>terms of possible revisions/amendment of various sector regulations.
>>
>>
>>--- 
>>Francis Hook
>>
>>
>>
>>
>
>
>-- 
>Francis Hook
>+254 733 504561
>
>
>
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