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

[S.M. Muraya]

Walu,

Your points are valid/constitutional.

Our constitution was not written by business or program executives - who
understand the concepts or effectiveness and efficiency very well. It was
primarily written by "experts" in protests/arguments, who may not be
experienced in building an organization.

We need someone who can work with the relevant authorities without breaking
the Law. If he/she messes up, then the KICTA Board, Parliament and
Judiciary can deal with them.

http://en.wikipedia.org/wiki/Federal_Chief_Information_Officer_of_the_United_States

Blessings

Murigi / Stanley Muraya

*"Better a patient person than a warrior, one with self-control than one
who takes a city." Prov 16:32*


On Sat, Sep 7, 2013 at 11:38 AM, Walubengo J <jwalu at yahoo.com> wrote:

>
>
> @Kivuva,
>
> Am not advocating...am being realistic. I think every executive arm of
> government deserves to chose its "key" players -as long as they do so
> within acceptable standards and the sucessful candidate meets the minimum
> qualifications.
>
> The public advert will allow us to confirm the qualifications and provide
> assurance that the succesfull candidate at least went to school. Beyond
> that, the rest at this high level is really political and if you ask me it
> happens in all governments globally.
>
> That is why you and I are not CS and PS respectively - even though we both
> went to school. And its all fine because we were all invited to apply :-)
>
> walu.
>
>
>
>
> ------------------------------
> On Fri, Sep 6, 2013 3:10 PM AST (Arabian) Kivuva 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-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
> >>
> >>
> >> _______________________________________________
> >>
> >> kictanet mailing list
> >>
> >> kictanet at lists.kictanet.or.ke
> >>
> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>
> >>
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> >>
> >>
> >>
> https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.co.uk
> >>
> >>
> >> 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.
> >>
> >>
> >>
> >> _______________________________________________
> >>
> >> 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/jwalu%40yahoo.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.
> >>
> >>
> >>
> >> _______________________________________________
> >>
> >> 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/judym.muli%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.
> >>
> >>
> >> _______________________________________________
> >>
> >> 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/info%40alyhussein.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.
> >>
> >>
> >>
> >>
> >> --
> >> ______________________
> >> Mwendwa Kivuva
> >> twitter.com/lordmwesh
> >> kenya.or.ke | The Kenya we know
> >>
> >>
> >> _______________________________________________
> >> 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/jwalu%40yahoo.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.
> >>
> >>
> >> _______________________________________________
> >> 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/kivuva%40transworldafrica.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.
> >>
>
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
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>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/murigi.muraya%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.
>
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