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

Fri Sep 6 18:08:42 EAT 2013

+ 1

Edwin

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Subject: kictanet Digest, Vol 76, Issue 27

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Today's Topics:

   1. Re: Row simmers over order on new Information, Communication
      and Technology leadership (Brian Munyao Longwe)

----------------------------------------------------------------------

Message: 1
Date: Fri, 6 Sep 2013 16:03:10 +0300
From: Brian Munyao Longwe <blongwe at gmail.com>
To: Kivuva <Kivuva at transworldafrica.com>
Cc: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>,
	"isoc at orion.my.co.ke" <isoc at orion.my.co.ke>
Subject: Re: [kictanet] Row simmers over order on new Information,
	Communication and Technology leadership
Message-ID:
	<CAHSdPfbdD=XRe9qcoe73ikpyfAp8ZHj6vFtBZ7EVr6taPyjEbw at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

Interesting to note that in this whole discussion no one seems to
mention/consider that ICTA is an amalgamation of KICT Board, Department of
e-Government and the Government Information Technology Services (GITS). If
continuity is the focus, aren't the heads of any of the other
agencies/departments also potential candidates?

Best regards,

Mblayo

On Fri, Sep 6, 2013 at 3:10 PM, Kivuva <Kivuva at transworldafrica.com> wrote:

> 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-presidenti
>> al-executive-orders-and-unacceptable-plain-illegality-of-single-sourc
>> ed-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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>>
>> for people and institutions interested and involved in ICT policy and
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>>
>> sector in support of the national aim of ICT enabled growth and
>>
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>>
>> KICTANetiquette : Adhere to the same standards of acceptable 
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>>
>> online that you follow in real life: respect people's times and
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>> platform
>>
>> for people and institutions interested and involved in ICT policy and
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>> 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
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>> 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 
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>>
>> online that you follow in real life: respect people's times and 
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>>
>>
>> --
>> ______________________
>> Mwendwa Kivuva
>> twitter.com/lordmwesh
>> kenya.or.ke | The Kenya we know
>>
>>
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>> 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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>> 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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