[kictanet] Is the Communications Authority board out of order?

[Mwendwa Kivuva]

The advert in the daily Nation on Friday 19th advertising the vacancies
at the Communications Authority seem to indicate that the CA senior
managers are required to apply for their jobs. The managers have since gone
to court:
http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-over-jobs/-/539546/2566140/-/wbsjon/-/index.html

The information and communications Act Amendment of 2013, section 105;
the transition provisions set out in schedule 6 shall have effect
with respect to staff, assets, rights, liabilities, obligations, agreements
and other arrangements at the commencement of this act. It says among
others " staff shall transit from CCK to CA of Kenya at the same terms and
benefits or better terms and their terms shall not be interfered with."

Change is good in every society. It brings impetus in organisations,
reduces complacency, and improves efficiency. But these change has to be
within the law. By the board advertising these positions it clearly
contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng.
Rege, Hon Yinda and all honorable members of parliament on this mailing
list help us understand how a group of people (the CA Board) would
blatantly ignore the law with 'impunity'!

A spot check with some of the employees indicates that their
employment terms have not changed - meaning they are permanent and
pensionable. You cannot just wake up and change this without terminating
and compensating them. The due process should be followed and you do not
declare a position (whether change of name) vacant when you have an
incumbent.

The timing of this process also seems ill intentioned considering that
Parliament which amended the Act before passing it is in recess
until February 2015. The advert requires all to apply before 14th January
2015.

Listers, we have to worry about what happens to the Authority because above
all disruption to the setup definitely affects many businesses.

Dr. Matiangi - is this another ignorance of the law from your ministry?
We already have a failed process at ICTA that has left us with an acting
CEO for over 2 years, and a Board that is in office illegally after it was
nullified by the High Court.
http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-appointments

COFEK we are relying on you as a watchdog. We know how people are handled
during a transition process is key.

Sincerely,
______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on
higher ground in that lifetime." - Maxwell Anderson
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