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

Sat Aug 9 13:08:18 EAT 2014

Ngigi,

That's a fair argument. Except that Universities (Public or Private) are not your typical organisation. There is usually that thing called Academic Freedom. We tend to be entitled to, and defend our own thinking - and reserve the right to disagree with someones else thinking. Irrespective of whether it is the Vice Chancellor, the Minister or the President who is having contrary opinion. 

I think someone with this background or culture is infact more "independent" than someone who sits on a board representing specific and narrow interests, be they commercial, political or otherwise.  In another words, as an academic, I can disagree with my boss on an issue and live to earn my salary the following day, because my terms of employment guarantee my my academic freedom/right to disagree. Not quite sure this applies in the private sector :-)

Nevertheless, your argument does hold some water, but perhaps applies only to folks in what we used to call "Central" and now "National" Government a.k.a the CORE civil servants.  I still dont think Public University dons fall in this category of core civil service. But as @Mwendwa said, I could be biased..

walu.

--------------------------------------------
On Sat, 8/9/14, Ngigi Waithaka <ngigi at at.co.ke> wrote:

 Subject: Re: [kictanet] ICT Authority Board Appointments Quashed by the High Court
 To: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>, "John Walubengo" <jwalu at yahoo.com>
 Date: Saturday, August 9, 2014, 12:11 PM

 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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 The Kenya ICT Action Network (KICTANet) is a
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 network aims to act as a catalyst for reform in the ICT
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 KICTANetiquette : Adhere to the same standards of acceptable
 behaviors online that you follow in real life: respect
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