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

Fri Sep 6 10:36:47 EAT 2013

Listers,

The Ag. CEO for the animal ICTA its only three years;, after which, one of
the Listers will be in line to be interviewed and take to the helm (hoping)

'as John D. Rockefeller, Jr. put it "*'I believe that the law was made for
man and not man for the law; that government is the servant of the people
and not their master. "*
'as Leo Tolstoy put it-   "*Writing laws is easy, but governing is difficult
*."

'as Walter Savage Landor said "" *Many laws as certainly make bad men, as
bad men make many laws*."

Reagrds
Judy
--

On Fri, Sep 6, 2013 at 10:00 AM, Davis Onsakia <mautidavis at gmail.com> wrote:

> 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).
>>
>>
>>
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>>
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>
>
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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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