[kictanet] Row simmers over order on new Information, Communication
robert yawe
robertyawe at yahoo.co.uk
Thu Sep 19 17:15:39 EAT 2013
Hi,
If the CS and his officials do not follow the letter and spirit of the law how exactly will KICTANET which is not a registered entity file a suite or shall we depend on CSK which is a registered entity to do the bidding for us busy twits?
Regards
On a lighter note:
'The infinite monkey theorem states that a monkey hitting keys at random
on a typewriter keyboard for an infinite amount of time will almost
surely type a given text, such as the complete works of William
Shakespeare.
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
________________________________
From: Victor Kapiyo <vkapiyo at gmail.com>
To: robertyawe at yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Thursday, 19 September 2013, 13:03
Subject: Re: [kictanet] Row simmers over order on new Information, Communication
Listers,
As we proceed with this discussion allow me to remind us all of the provisions of Article 10 of the Constitution of Kenya, 2010, which provides as thus:
10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them–
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include–
(a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
(c) good governance, integrity, transparency and accountability; and
(d) sustainable development.
These principles are non-negotiable. Therefore, it is important that consultations are done bearing in mind the principles espoused above.
Hence, and i dare say, regardless of whether KICTANET is a registered or not, it still is a critical network of stakeholders that must be consulted on matters touching on ICT industry, just like all the other non-state actors.
I believe the CS (and his officers) are aware of these provisions and will ultimately do the right thing. Failure to which, he shall be in clear violation of the Katiba, consequences of which, we are all too well aware of.
Regards,
Victor
On 18 Sep 2013 21:24, "Ali Hussein" <ali at hussein.me.ke> wrote:
Waithaka
>
>
>My point exactly. A mix of both sometimes works wonders..
>
>
>Ali Hussein
>
>
>+254 0770 906375 / 0713 601113
>
>
>"Kujikwaa si kuanguka, bali ni kwenda mbele" (To stumble is not to fall but a sign of going forward) - Swahili Proverb
>
>Sent from my iPad
>
>On Sep 18, 2013, at 9:07 PM, Ngigi Waithaka <ngigi at at.co.ke> wrote:
>
>
>Hussein,
>>
>>
>>There is usually a corner reserved for soft-power and persuasion; where the person on the receiving end either makes an honest mistake or simply doesn't know or have the capability to understand how to achieve a certain task.
>>
>>
>>Soft-power usually loses its 'power' where the other person is making a conscious decision, knowing very well the conscious decision is wrong and there is no big stick if they continue anyway e.g corruption
>>
>>
>>So fighting corruption with soft-power, as an example is largely doomed to fail as we have been doing.
>>
>>
>>As regards the organisations, just setting them by themselves is not enough. Indeed we do have many serious organizations already, but they rely too much on soft power.
>>
>>
>>If you look at similar industries, such as Banking, they don't shy away from taking GoK, KRA etc to court, if they feel that certain practices are infringing on the rights of their members, such as these http://www.newtimes.co.rw/news/views/article_print.php?15293&a=64747&icon=Print
>>
>>
>>We should use soft-power knowing very well that we do have a fall back position of taking the powers that be straight on if need be.\\
>>
>>
>>Waithaka Ngigi
>>A1.iO
>>
>>
>>
>>On Wed, Sep 18, 2013 at 7:31 PM, Ali Hussein <ali at hussein.me.ke> wrote:
>>
>>Robert and all
>>>
>>>
>>>I disagree. Sometimes it takes the 'soft' power of such informal groupings to make changes. Yes, we do require from a legal stand point registered Organizations make representation. However I contend that there is space for both.
>>>
>>>
>>>KICTANET has had some very loud successes in influencing policy and sometimes concrete action for positive change. Cases in point:-
>>>
>>>
>>>1. The issue of KeNIC and the uncertainty it faces were first 'aired' here. The jury (or is it the Supreme Court?) is still out on how this will play out. There is an AGM tomorrow by the way...
>>>
>>>
>>>2. The issue of Kenya's position in WCIT12 Dubai was extensively debated here and 'forced' the powers that be to take into consideration other stakeholders position besides that of the CCK.
>>>
>>>
>>>3. One Robert Yawe's throwing his towel into the ring for Post Master General's position at Posta. Although unsuccessful :) made a major point on what ails Posta.
>>>
>>>
>>>The list goes on..
>>>
>>>
>>>Ali Hussein
>>>
>>>
>>>+254 0770 906375 / 0713 601113
>>>
>>>
>>>"Kujikwaa si kuanguka, bali ni kwenda mbele" (To stumble is not to fall but a sign of going forward) - Swahili Proverb
>>>
>>>Sent from my iPad
>>>
>>>On Sep 18, 2013, at 5:39 PM, "Gilda Odera" <godera at skyweb.co.ke> wrote:
>>>
>>>
>>>Over to the lurkers – you have heard Robert. Be the change you
want.
>>>>
>>>>From:robert yawe
[mailto:robertyawe at yahoo.co.uk]
>>>>Sent: Wednesday, September 18, 2013 5:13 PM
>>>>To: Gilda Odera
>>>>Cc: 'KICTAnet ICT Policy Discussions'
>>>>Subject: Re: [kictanet] Row simmers over order on new Information,
Communication
>>>>
>>>>@Gilda,
>>>>
>>>>Just to reiterate what I said about a certain Presidential candidate, for
democracy to be effective we must register as voters and then actually go out
and vote.
>>>>
>>>>Sitting at home with a valid voters card cannot then be justification to have
your opinion heard.
>>>>
>>>>Regards
>>>>
>>>>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: 'robert yawe' <robertyawe at yahoo.co.uk>
>>>>Cc: 'KICTAnet ICT Policy Discussions'
<kictanet at lists.kictanet.or.ke>
>>>>Sent: Wednesday, 18 September 2013, 16:59
>>>>Subject: RE: [kictanet] Row simmers over order on new Information,
Communication
>>>>
>>>>@Robert- Trust you to speak
the Queen’s English Jand thank you for being candid as usual. Now that I get
your comment, I partially agree. Yes, the formidable bodies should be consulted
or be heard but let us hear comments/advise/opinions from all quarters.
Democracy is necessary here Robert. After all, we are communicating on KICTANET
as it is right now so it must have some standing J.
>>>>
>>>>From:robert
yawe [mailto:robertyawe at yahoo.co.uk]
>>>>Sent: Wednesday, September 18, 2013 3:04 PM
>>>>To: Gilda Odera
>>>>Cc: 'KICTAnet ICT Policy Discussions'
>>>>Subject: Re: [kictanet] Row simmers over order on new Information,
Communication
>>>>
>>>>@Gilda,
>>>>
>>>>In english, KICTANET has no moral or legal standing to require it be consulted
unlike CSK and KIF.
>>>>
>>>>Regards
>>>>
>>>>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: 'robert yawe' <robertyawe at yahoo.co.uk>
>>>>Cc: 'KICTAnet ICT Policy Discussions'
<kictanet at lists.kictanet.or.ke>
>>>>Sent: Wednesday, 18 September 2013, 9:34
>>>>Subject: RE: [kictanet] Row simmers over order on new Information,
Communication
>>>>
>>>>@Robert- meaning? Please talk
‘transparently’ so we all understand what you are trying to say. Are you saying
it is costly for the CS to engage CSK? He sent an email saying he is noting all
comments on this list so let us give him credit for that. Or am I not
understanding what you are saying here below?
>>>>
>>>>Gilda
>>>>
>>>>From:robert
yawe [mailto:robertyawe at yahoo.co.uk]
>>>>Sent: Wednesday, September 18, 2013 8:22 AM
>>>>To: Gilda Odera
>>>>Cc: 'KICTAnet ICT Policy Discussions'
>>>>Subject: Re: [kictanet] Row simmers over order on new Information,
Communication
>>>>
>>>>@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-----
>>>>From: kictanet
>>>>[mailto:kictanet-bounces+eonchari=lynxbits.com at lists.kictanet.or.ke]
On
>>>>Behalf Of kictanet-request at lists.kictanet.or.ke
>>>>Sent: Friday, September 06, 2013 4:06 PM
>>>>To: Edwin
>>>>Subject: kictanet Digest, Vol 76, Issue 27
>>>>
>>>>Send kictanet mailing list submissions to
>>>> kictanet at lists.kictanet.or.ke
>>>>
>>>>To subscribe or unsubscribe via the World Wide Web, visit
>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>>or, via email, send a message with subject or body 'help' to
>>>> kictanet-request at lists.kictanet.or.ke
>>>>
>>>>You can reach the person managing the list at
>>>> kictanet-owner at lists.kictanet.or.ke
>>>>
>>>>When replying, please edit your Subject line so it is more specific than
>>>>"Re: Contents of kictanet digest..."
>>>>
>>>>
>>>>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
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>>
>>>>>> 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/robertyawe%40ya
>>>>>> hoo.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.c
>>>>>> om
>>>>>>
>>>>>>
>>>>>> 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%40gm
>>>>>> ail.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 =
>>>_______________________________________________
>>>>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.
>>>_______________________________________________
>>>kictanet mailing list
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>>>
>>>Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngigiwaithaka%40gmail.com
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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.
>>>
>>
>>
>>
>>--
>>
>>Regards,
>>
>>
>>Waithaka Ngigi
>>Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
>>T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811 000
>>
>>www.at.co.ke
>>
>>
>>
>>
>_______________________________________________
>kictanet mailing list
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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.
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