[kictanet] Off topic: COFEK

Mon Feb 18 11:21:11 EAT 2013

Bw. Ndemo,

Could be wrong but is it not primarily a matter of leadership/governance?

Does Organizational Reporting not make a big difference in Performance
Management?

If all parties involved in executing a strategy or promoting a civil
culture, do report on who is supporting/hindering their efforts, would it
not make a difference?

Reporting tools/technologies are valuable but in Kenya we view them as
expenses not as enhancers of performance.

If all we factor is expenses or kickbacks we may end up not contracting
(local) firms which can educate us on the way to go.

An IT Professional recently noted, were it not for Business Reporting, they
would put everyone in their organization on "Open Office", but as it is
they need to maintain some licenses of an Office Suite greatly enhanced by
other Business Reporting Technologies :)

On Mon, Feb 18, 2013 at 10:21 AM, <bitange at jambo.co.ke> wrote:

> My brother Stephen,
> If you read my post, I did not in any way refer to you or Cofek.  I was
> simply explaining the dilema of lone ranger Bills.  I gave the example of
> Njoki Ndungu's sexual offenses Act and also wanted to add Muthuto's
> alcohol Act.  There are many of this lone ranger Bills that suffer at the
> alter of implementation.
>
> Line Ministry sponsored Bills often have an institutional arrangement to
> enable smooth implementation.  That is why we have a regulator to ensure
> the Insurance industry, the Cooperative industry or closer to home the
> Telecom industry is well regulated when we have many players.  Similarly,
> when there will be many consumer outfits, we shall certainly need a
> regulator to ensure the public interests are taken care of.  Imagine if
> the Cooperative Ministry fails to ensure elections are held in the
> cooperative movement.
>
> I do not want to fight with you at all. Most Boards will be advertizing to
> allow all Kenyans participate in the running of their public investments.
> We are not the first ones to do this but this is going to be standard
> practice if you properly interpret the constitution.
>
> Have a great week ahead my brother.
>
>
> Ndemo.
>
>
>
>
>
> > Brian: Thanks for your need-to-know request. The Consumer Rights Article
> > 46(3) of the Constitution of Kenya 2010, provides for a legislation to
> > "give it full effect". It follows neither of the two suggested options -
> > of being escalated through a Ministry or Civil Society organization and
> > "some MP". In the case of the Consumer Protection Act, 2012 - any
> doubting
> > Thomases can ask Mr Charles Nyachae or Dr Catherine Mumma to check if it
> > is not a CIC product. Lets face it - as economists or social scientists,
> > we don't know all the law we purport to. Even what is being quoted
> > elsewhere as the classic case study merely because some people were
> > involved  - how easy is it to ask information or protect private data as
> > provided for by Article 31?
> >
> > This is the kind of a fallacy, where a civil servant, in a lone ranger
> > style, advertises (for instance) to recruit a board member of a
> parastatal
> > of a would-be equal. That would be usurpation of the role of a Minister
> to
> > advertise and perhaps interview and recommend an "equal" for appointment
> > to the same position. Fact - not everything coming from everyone in
> > government is a fact as it appears to be sadly taken, on most occasions
> at
> > least based on my reading, on this list. After all, government functions,
> > policy making and implementation cannot be wholly carried out online in a
> > lone ranger style. It equally misses the point.
> >
> > Stephen Mutoro
> > www.cofek.co.ke
> >
> > On Feb 16, 2013, at 10:43 PM, bitange at jambo.co.ke wrote:
> >
> >> Brian,
> >> There are two ways of generating Bills to Parliament.  The first one is
> >> through the line Ministry taking the Bill through consultations with
> >> stakehoders then finally it becomes an Act of Parliament.  The line
> >> Ministry will make sure that the provisions of the Act are implemented.
> >> The other method of getting the Bills through Parliament is through a
> >> sponsorship by an interest group through some MP.  Such Bills go through
> >> Parliament but fail to get a home (Ministry) that bears the
> >> responsibility.  In most cases such bills never become effective.  One
> >> example is the Njoki Ndungu's Children's Act.  A great piece of
> >> legislation but has failed to get a real home.
> >>
> >> Nobody knows why some Acts of Parliment fail to be enforced.  Civil
> >> Society that often sponsors Bills through MPs must change tact and start
> >> pushing them through the line Ministry. This is what we did with the
> >> Freedom of Information and Data Protection Bills that we worked with
> >> Civil
> >> Society to push them. With the new constitution, it is imperative that
> >> we
> >> closely work with the civil society for the sake of our country.  Lone
> >> ranger tactics often fail and we all end up missing the point.
> >>
> >>
> >> Ndemo.
> >>
> >>> I'm sorry but I must bring this up here as there was a recent
> >>> discussion
> >>> involving COFEK.
> >>>
> >>> Today I saw COFEK on social media calling consumers to join them in a
> >>> protest outside Govt printerr office. I followed the link indicated in
> >>> their post to find out what the fuss was about and found this:
> >>> *
> >>>
> >>> The Consumers Federation of Kenya (Cofek) is concerned at the poor
> >>> performance by the office of the Government Printer headed by Mr Andrew
> >>> Rukaria (pictured).
> >>>
> >>> Since assent of the Consumer Protection Act on December 13, 2012 the
> >>> Government Printer's office has been giving endless excuses from
> >>> backlog
> >>> to
> >>> lack of films and other materials. Meanwhile the Act remains
> >>> unpublished
> >>> and it cannot be operationalized as a result.
> >>>
> >>> Our numerous calls and letters have only yielded in unfulfilled and
> >>> indefinite pledges of printing the same. Mr Rukaria has also taken to
> >>> avoiding our calls.
> >>>
> >>> From the foregoing, we hereby demand for his voluntary resignation
> >>> within
> >>> seven days. Failure to do so, Cofek will simultaneously seek for
> >>> judicial
> >>> intervention.
> >>>
> >>> Cofek, will after this ultimatum, mobilize consumers to physically
> >>> eject
> >>> him from his office for his consistently poor and unacceptable
> >>> performance.
> >>> *What I don't understand is:
> >>>
> >>>   1. Since when was it that an Act cannot be operationalized simply
> >>>   because it hasn't been printed by Govt printers?
> >>>   2. Isn't there an electronic version of this Act that can be
> >>>   used/referred to in case of legal issues/action?
> >>>   3. Is there anything stopping COFEK from printing their own copies of
> >>>   the Act? (If they need it so badly)
> >>>
> >>> Please enlighten me?
> >>> Mblayo
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> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> >> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
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