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

Fri Sep 6 10:00:31 EAT 2013

The constitution is very clear; public participation is not optional. Any
other legal instrument in conflict to the law is null and void to that
extent, as Hussein has pointed out!

Hence the law must be followed to the letter. This is good for the
appointee and everybody else.

Best Regards,
Davis M Onsakia
"One doesn't discover new lands without consenting to lose sight of the
shore for a very long time."

On 6 September 2013 09:42, Ali Hussein <ali at hussein.me.ke> wrote:

> Point noted Walu.
>
>
> 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 6, 2013, at 9:12 AM, Walubengo J <jwalu at yahoo.com> wrote:
>
> ------------------------------
>  **Ali Hussein <ali at hussein.me.ke> wrote,
> @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.
> ~~~~~~~
> The unilateral appointment would indeed be "legal" as it is enshrined in
> the Legal notice. However, the clever lawyers would not be challenging the
> appointment (since it would be legal), but they would be challenging
> whether it is constitutional to "legalize" such an action of appointing
> without inviting other Kenyans to apply...(discrimination)
>
> Remember that the constitution is the supreme law and any other law(Act,
> Legal Notice, Regulation, etc) that is contradictory to it is null and
> void.  Am not a lawyer but I think that is where the court battle would be
> about. In the likely event that the courts find  that the legal notice is
> in violation of the constitution, then by extension the appointment becomes
> null and void.
>
> Problem is that this would take time and meanwhile whoever is appointed is
> likely to have his/her hands tied up and cannot transact ICT Authority
> business. Thats why I said, why bother with the risks? Just advertise the
> job, go through the motions and safely arrive at the same destination.
>
> We did this successfully for our Cabinet Sec and PS, I still dont
> understand why it should become difficult for a  CEO  :-)
>
> walu.
>   ------------------------------
>  *From:* Ali Hussein <ali at hussein.me.ke>
> *To:* jwalu at yahoo.com
> *Cc:* "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>
> *Sent:* Friday, September 6, 2013 6:27 AM
> *Subject:* Re: [kictanet] Row simmers over order on new Information,
> Communication and Technology leadership
>
> @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).
>
>
>
> _______________________________________________
> 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/mautidavis%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/20130906/1ce47155/attachment.htm>