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

Sun Sep 15 22:07:25 EAT 2013

Hi Stephen ,Listers,
Just to echo agreement with  a few words in your last paragragh
 " to support a more structured, focused and impactful consumer protection movement in Kenya."

John Kariuki.

________________________________
 From: stephen Mutoro <smutoro at yahoo.com>
To: ngethe.kariuki2007 at yahoo.co.uk 
Cc: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>; "margaret at cofek.co.ke" <margaret at cofek.co.ke> 
Sent: Sunday, 15 September 2013, 18:05
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership

Hi Davis, All

The new Constitution of Kenya, 2010 came at a very high price. Kenya at 50 has been a long and bloody walk for many unsung heroes(ines) most of whom didnt live to tell the story. As we sit behind our laptops and/or our smart phones to share our pleasure and/or pain with those who break the law with impunity, including fellow listers, it is fair not to perpetuate the sin of omission. We cannot be or allow ourselves to be bystanders and/or complain for a week and shut up simply because we want to look good and/or are queuing for favours from those in authority. I, therefore, commend you most sincerely among a few others for standing up.

The irony is that most of us here are very passionate about ICT but not about governance of ICT institutions. You might not be aware but Cofek wrote to H.E the President on May 16 asking, among other issues, for an amalgamation of ICT public bodies. We shouldn't be silent if the eventuality is what we have at ICTA. I understand why it is safe to do so in the interim but it is wrong and painful long-term. If you get in a good man at ICTA (as I am told the preferred fellow is) in a rogue manner dressed up in full impunity colours and oduor, why would he not become rogue? Why would he not apply the same rule in handpicking top management? Why would a CS, PS be appointed by H.E the President and a CEO of a parastatal is also appointed that way? What would be the role of a BoD appointed by a CS? Talking of a CS and PS, for instance on ICT, what is the boundary on their roles and responsibilities? Has it been clarified? If yes, how many of us know - especially
 when a number of CS have literally become accounting officers to their Ministries?

It is for this reason that I would urge all of you, including my friends the ICT CS and the PS, to support our forthcoming case against flouting of various provisions of the CoK and especially Art. 232 on values and principles of public service in the purported unilateral appointment of ICTA boss vide a statutory legislation which need to be declared unconstitutional - for attempting to circumvent the supremacy of the Constitution of Kenya, 2010. Given the nature of the case, we will be giving the Attorney General and CIC 30 days to put their act together or meet Cofek at the corridors of justice. 

Finally, if we are patriots as I guess most of us are, let us do something and/or everything possible to make the ICT and overall Kenyan consumer happy. I would, for instance, be grateful to know the impact of VAT Act, 2013 on the ICT sector. I spent the better part of Friday evening with Treasury CS on mitigation measures to be applied to get a reprieve to the consumer. From 7 am tomorrow, I will again be at The National Treasury to follow up the discussion. VAT Act was well intended but its drastic application and impact thereof were under-estimated even with our red flag to the Parliament Committee on Finance, Trade and Planning. I am therefore appealing to you, friends, to support a more structured, focused and impactful consumer protection movement in Kenya. Cofek and I are ready to learn from you - by hosting those of you in a special half-day forum to discuss ICT sector and consumer protection at a mutually suitable date you are free to suggest.

Kind regards,

Stephen Mutoro
www.cofek.co.ke

________________________________
 From: Davis Onsakia <mautidavis at gmail.com>
To: smutoro at yahoo.com 
Cc: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke> 
Sent: Friday, September 6, 2013 10:00 AM
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership

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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