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

[Walubengo J]

Mwendwa,

am three quarters(3/4) of a don, one quarter (1/4) to go before am a full don :-)

Anyway, my beef in all this saga is that the Kenya Communications Act (revised 2013) has a clause that stipulate that public servants (including dons in PUBLIC universities) should not sit on some boards including the Communication Authority, Universal Service, ICT Authority amongst others.  It however does not bar dons from PRIVATE universities to sit on these very boards.

I am just not able to understand the rationale behind this - perhaps I will when I complete the remaining 1/4 of my studies.  But meanwhile the drafters of this clause are on this list (National Communication Secretariate lurkers :-). Maybe they could break it down for us in simple english. But bottom line, I want to believe nobody should be barred whether they come from private or public university.

walu.



--------------------------------------------
On Fri, 8/8/14, Mwendwa Kivuva <Kivuva at transworldafrica.com> wrote:

 Subject: Re: [kictanet] ICT Authority Board Appointments Quashed by the High Court
 To: "Walubengo J" <jwalu at yahoo.com>, "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
 Date: Friday, August 8, 2014, 10:29 PM
 
 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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