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

Sat Aug 9 12:11:50 EAT 2014

Walu,

It could be that Public Servants sitting in boards of Public bodies is an
'incestious' relationship that does not allow for the *independence* that
external members of a board are supposed to bring to the table.

Take your case, you are at MMU, which is under Min ICT,  then you get to be
a board member at CAK, also under Min ICT.

One phone call from you know who and you basically sing their story :-)

Waithaka Ngigi

Alliance Technologies
Nairobi, Kenya

www.A1.io
On 9 Aug 2014 12:00, "Walubengo J via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> 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
>
>  The best athletes never started as the best
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>  You have to think anyway, so why
>  not think big? - Donald Trump.
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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
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