[kictanet] ICT Authority Board Appointments Quashed by the High Court

Mwendwa Kivuva Kivuva at transworldafrica.com
Fri Aug 8 22:29:19 EAT 2014


Walu, you might have a point, but being a don yourself (or on the way
to donship), I think your argument is biased. Any professional at any
educational level can give good advice to national boards. Most
successful Ministers at the Kibaki regime were not necessarily PhD
holders.

I am not discounting the value of education at all, and in 5 years, I
will be a don too.

And I agree, the law is biased by preventing public university
employees from sitting on public boards but allowing private
university employees and other private citizens to sit on the same
boards. Although I have a contradictory view that education and
research will suffer if the said professors are overloaded with side
jobs (something they will still do with private consultancies). It's a
catch22

On 08/08/2014, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke> wrote:
>
>
> @Kamotho,
>
> am yet to read the full ruling. But if i recall well the key contention/plea
> was that the appointment of Public University staff into the various ICT
> Boards to be be found illegal.
>
> it appears the judges are in agreement. However, considering the amount of
> intelkectual talent within public universities - dont you think it is
> discriminatory that that group of staff are barred from contributing to
> national development at a Board level?
>
> Is it time to review this clause or it does serve the purpose?
>
> walu.
>
>
> ------------------------------
> On Fri, Aug 8, 2014 1:19 PM AST (Arabian) Kamotho Njenga via kictanet
> wrote:
>
>>The illegal appointments made by the ICT Cabinet Secretary, Dr Fred
>>Matiang'i have been quashed by the High Court. Details on the background
>>and the orders of the court are available at
>>http://www.ictak.or.ke/resources/news-and-events/235-statement-on-the-high-court-ruling-regarding-appointments-to-the-board-of-the-kenya-ict-authority-board
>>
>>For the avoidance of doubt, partial implications of the certiorari orders
>>are that the impugned board was illegal *ab initio*. So it is like the
>>board never existed. Reports attributable to the CS are that he plans to
>>appeal the decision. He has an inherent right to do so. What must be clear
>>is that the quash orders are in full force w.e.f yesterday and the board
>>cannot purport to transact or to be seen to do so.
>>
>>This is a crisis the Cabinet secretary has precipitated himself because of
>>a trademark unilateralism approach and failure to engage. Any attempt by
>>any person whatsoever to overlook the prescriptions of the court's decree
>>has obvious sanctions.
>>
>>Kamotho
>
>
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-- 
______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh

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