[kictanet] Row simmers over order on new Information, Communication and Technology leadership

Thu Sep 5 14:34:31 EAT 2013

Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.

Judy

On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga at hotmail.com>wrote:

> Thanks Walu.
>
> Great analysis. You are right about the need to avoid unnecessary
> litigation (read unnecessary negative publicity). Cofek already posted the
> article on its site and you never know if it is considering following up on
> the matter.
> http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-executive-orders-and-unacceptable-plain-illegality-of-single-sourced-ict-authority-boss
>  .
>
> I agree with you on the need to advertise this job and still get the
> "right man/woman" for it.  The CS should not allow the matter to be
> determined by the courts.
>
>  May I suggest that you consider this topic for your Nation Blog next
> week? This 2010 Constitution. Argh!
>
> Rgds
> GG
>
> ------------------------------
> Date: Thu, 5 Sep 2013 03:12:47 -0700
> From: jwalu at yahoo.com
>
> Subject: Re: [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
> To: ggithaiga at hotmail.com
> CC: kictanet at lists.kictanet.or.ke
>
> @GG
>
> I see the comparison - and specifically the fact that the previous CEO of
> the ICT Board was expected to be unilaterally selected by the Minister.
> However, that was then(2006/7). Fast-forward to today (2013) - with the
> notable development of the new constitution (2010).
>
> This thing (Constitution 2010) changed so much - even the President today
> cannot do stuff his predecessors used to do over a game of golf/beer/etc.
> And so it would be the case for the Kenya ICT Authority - one cannot just
> borrow a previous clause and paste it into a new, bigger and different
> institution.  ICT Authority (2013) is miles apart from ICT board (2007) in
> form, nature, scope and mandate.
>
> For example, ICT Board(2007) was an institution with an "administratively"
> limited ministerial scope -that is why other Ministries could afford to
> ignore them. Today the ICT Authority is an animal with sweeping powers that
> cut across Ministries and govt agencies.  The CEO appointment therefore
> requires and is indeed given a more rigorous approach in the legal notice.
>
> What raised the storm is why the need to exempt the 1st CEO from this
> rigorous approach? My unsolicited advise would be for the CS to ignore the
> clause, advertise the job (open it  up for everyone) - and still get (his?)
> the right man/woman for the job. After all, he has or can create the
> required "magnanimity" (opposite of Tyranny :-)  of the numbers in the
> Board.
>
> The other route is vulnerable to too much and unnecessary litigation that
> may cripple the ICT Authority for years before it gets started. E.g Someone
> can file a suit to determine whether the contentious clause goes against
> the constitutional provision for non-discrimination. While the suit is
> being determined ICT Authority will remain crippled/handicapped for years.
>
> walu.
>
>   ------------------------------
>  *From:* Grace Githaiga <ggithaiga at hotmail.com>
> *To:* jwalu at yahoo.com
> *Cc:* "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>
> *Sent:* Wednesday, September 4, 2013 2:41 PM
> *Subject:* Re: [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
>
> @ Walu,
> For comparison purposes, see legal notice legal Notice 26 of 2007
> http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA
> INFORMATION TECHNOLOGY BOARD 2007)
>
> ------------------------------
> From: ggithaiga at hotmail.com
> To: robertyawe at yahoo.co.uk
> CC: kictanet at lists.kictanet.or.ke
> Subject: RE: [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
> Date: Tue, 3 Sep 2013 09:13:46 +0000
>
> Thanks Loise for sharing the legal notice.
>
> @ Yawe you are right. That is the nature of the notice. You do not need to
> be subjected to public scrutiny:) (On a light note, it is a pity since I
> would be interested to know your inside manenos).
>
> @ Brian, Walu, and Alice
>
> I have just skimmed through the notice and in matters of the ICT
> Authority appointments (both board and first CEO) it actually gives the CS
> carte blanche. There may not be a row after all!  Maybe some mischief at
> the drafting process of the notice which ensured that it ignored article 10
> of the constitution which  lays emphasis on consulting in policy making
> processes. @ Kapiyo, @ Grace Bomu, what are your comments?
>
> Rgds
> GG
>
> ------------------------------
> Date: Tue, 3 Sep 2013 09:58:31 +0100
> From: robertyawe at yahoo.co.uk
> Subject: Re: [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
> To: ggithaiga at hotmail.com
> CC: kictanet at lists.kictanet.or.ke
>
> Hi,
>
> There goes my opportunity to be appointed without having to jump through
> hoops that require me to answer questions from my questionable past.
>
> Regards
>
>
> Robert Yawe
> KAY System Technologies Ltd
> Phoenix House, 6th Floor
> P O Box 55806 Nairobi, 00200
> Kenya
>
>
> Tel: +254722511225, +254202010696
>
>   ------------------------------
>  *From:* Grace Githaiga <ggithaiga at hotmail.com>
> *To:* robertyawe at yahoo.co.uk
> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Sent:* Monday, 2 September 2013, 15:02
> *Subject:* [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
>
> A row is simmering in the Ministry of Information, Communication and
> Technology<http://www.standardmedia.co.ke/?searchtext=Ministry%20of%20Information%2c%20Communication%20and%20Technology&searchbutton=SEARCH> over
> a law that gives the Cabinet secretary power to make unilateral appointment.
>
> Executive Order No. 2 of 2013 by President Uhuru Kenyatta<http://www.standardmedia.co.ke/?searchtext=Uhuru%20Kenyatta&searchbutton=SEARCH> on
> the reorganisation of government that establishes the Information and
> Communications Technology Authority ( ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH>A)
> gives the ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH> Cabinet
> Secretary power to appoint the CEO of the authority without involving the
> board.
>
>
> http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.co.uk
>
> 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.
>
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
>
> 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.
>
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/judym.muli%40gmail.com
>
> 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.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20130905/0ea43ffc/attachment.htm>