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

[Kivuva]

Mr. Walubengo, in broad daylight you are advocating we do a kangaroo
shortlisting, interview, and appointment. :)

Why would anybody want to participate in the process with the end result
already known?

______________________
Mwendwa Kivuva
twitter.com/lordmwesh
google ID | Skype ID: lordmwesh


On 6 September 2013 09:12, 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).
>
>
> 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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>
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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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> _______________________________________________
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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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>
> 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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>
> 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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> 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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