[kictanet] Row simmers over order on new Information, Communication
robert yawe
robertyawe at yahoo.co.uk
Wed Sep 18 08:21:38 EAT 2013
@Gilda,
The CS has consulted the industry players who are members of an organised and duly constituted organisation, it goes by the name of CSK or in short Computer Society of Kenya.
As one Presidential Candidate found in a very costly manner that the number of friends you have on social media do not convert to valid electoral votes.
It is time we all brushed our memory banks and realise that we have been down this road and past this kiosk many times before, unfortunately we have never stopped to have chai na bandika.
Regards
PS. I am sure Dr. Siganga was consulted especially since Victor is a member of the society.
"As I cry in the wilderness I pray to be heard" - An Village Madman in exile
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
________________________________
From: Gilda Odera <godera at skyweb.co.ke>
To: robertyawe at yahoo.co.uk
Cc: 'KICTAnet ICT Policy Discussions' <kictanet at lists.kictanet.or.ke>
Sent: Tuesday, 17 September 2013, 11:55
Subject: Re: [kictanet] Row simmers over order on new Information, Communication
Listers,
I assume that the CS and other powers that be are reading these comments. I
wish to urge them, for the sake of this industry which we all know is key to
the development of this nation, to do what is right. The ICT Authority
requires goodwill of industry players and the best of the best to propel
this industry to great heights. This means having an open process of
selection where the most suitable candidate will emerge amongst others. Some
of those names being touted are indeed very capable but the CS would be
doing them injustice if he simply handpicked anyone. Let he/she who is
worthy of the job stand up and present himself/herself in a transparent
competitive process. I believe a full enlightened board consisting of
knowledgable and dedicated persons (not simply well connected ones please)
should be in place before the CEO is picked. And if it is a different panel
interviewing, it really must consist of persons well versed. We must break
away from past practices where a CEO of a parastatal has no respect nor time
for the board he/she reports to simply because of owing allegiance to an
individual who appointed him/her. This is what ails organizations and in the
end you find poor performance and a decline or collapse of an entire sector
simply due to in-fighting and insubordination.
I am keenly watching how this will transpire. I would like to believe the
new government is serious about developing this industry and will therefore
do the right thing.
Regards,
Gilda Odera
-----Original Message-----
From: kictanet
[mailto:kictanet-bounces+godera=skyweb.co.ke at lists.kictanet.or.ke] On Behalf
Of Edwin Onchari
Sent: Friday, September 06, 2013 6:09 PM
To: godera at skyweb.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication
+ 1
Edwin
-----Original Message-----
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Sent: Friday, September 06, 2013 4:06 PM
To: Edwin
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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