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

Fri Sep 6 06:27:16 EAT 2013

@Kivuva

You are quite right.

@Walu, I believe the correct phrase is 'The end justifies the means'. :)

@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. 

Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd

+254 713 601113/ 0770 906375

"The future belongs to him who knows how to wait." - Russian Proverb

Sent from my iPad

On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva at transworldafrica.com> wrote:

> Because we know who is being targeted for this position, and we know
> his attributes and leadership qualities, and we acknowledge this is
> just a onetime appointment, why don't we discuss the merits and
> de-merits of Dr. Victor Kyalo?
> 
> I feel there is something members want to say but are being held back
> by diplomacy.
> 
> Lets remember as it has been stated here previously, anybody holding
> this public office will still have to pass the test of LEADERSHIP and
> INTEGRITY as envisioned in the constitution
> 
> On 05/09/2013, Ali Hussein <ali at hussein.me.ke> wrote:
>> Listers
>> 
>> Sometimes expediency requires that there is continuity and institutional
>> memory carry over to allow for a smooth transition.
>> 
>> In this particular case the Ag.CEO provides an excellent reason for this. He
>> has the expertise, experience, qualifications and the political  savvy ness
>> to navigate this new monster called the ICTA.
>> 
>> The CS may need to look at constituting a new board though.
>> 
>> I say let the new team move with expediency and judge it by the results.
>> 
>> Regards
>> 
>> Ali Hussein
>> CEO | 3mice interactive media Ltd
>> Principal | Telemedia Africa Ltd
>> 
>> +254 713 601113/ 0770 906375
>> 
>> "The future belongs to him who knows how to wait." - Russian Proverb
>> 
>> Sent from my iPad
>> 
>> On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli at gmail.com> wrote:
>> 
>>> 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 over a law that gives the Cabinet secretary power to make
>>>> unilateral appointment.
>>>> 
>>>> Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the
>>>> reorganisation of government that establishes the Information and
>>>> Communications Technology Authority ( ICTA) gives the ICT 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
>>>> 
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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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>>>> 
>>>> Unsubscribe or change your options at
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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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>>> Unsubscribe or change your options at
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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.
> 
> 
> -- 
> ______________________
> Mwendwa Kivuva
> twitter.com/lordmwesh
> kenya.or.ke | The Kenya we know
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