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

Thu Dec 25 00:43:02 EAT 2014

Ali, share the source of your information.

On 24/12/2014, Ali Hussein via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> I understand there's a court order stopping the so called recruitment
> process.
>
> I hope this will be adhered to...
>
> Ali Hussein
>
> +254 770 906375 / 0713 601113
>
> Twitter: @AliHKassim
> Skype: abu-jomo
> LinkedIn: http://ke.linkedin.com/in/alihkassim
> Blog: www.alyhussein.com
>
> "I fear the day technology will surpass human interaction. The world will
> have a generation of idiots".  ~ Albert Einstein
>
> Sent from my iPad
>
>> On Dec 24, 2014, at 10:16 AM, Walubengo J <jwalu at yahoo.com> wrote:
>>
>> @Ali,
>>
>> Nakubaliana na Wahenga ( I agree with the local wisemen :-)
>>
>> But my point is restructuring organizations is inevitable and there will
>> always be casualties and beneficiaries. I shared my story, I used to be a
>> SENIOR Lecturer during our days as a College of Technology - but when we
>> became a university, we were duly informed that we can no longer
>> masquarade as senior lecturers while not having earned PhDs. Now you can
>> chose to go to court or chose to do the PhD -whichever is easier :-)
>>
>> Nevertheless, the Act does protect the old employees of the regulator from
>> losing their jobs - but am not sure that is the same as stopping the new
>> Board from recruiting new or additional talent. But I guess that is for
>> the courts to decide - otherwise we might be accused of contempt of court
>> proceedings.
>>
>> By the way, I did find these jobs online @
>> http://www.ca.go.ke/images/downloads/careers/Job%20Opportunities%20with%20the%20Communications%20Authority%20of%20Kenya%20CA.pdf
>>
>> You can also be applying as we await court decision :-)
>>
>> walu.
>> By the way: Mob respect for the initial crop of CCK Directors . These
>> folks have for the last 15yrs have made our regulator the shining example
>> in  Africa and overseen the massive developments in our ICT landscape. I
>> would be very scared if someone is trying to throw them under the bus in
>> order to bring in new talent that would perhaps better implement the more
>> contentious aspects of our new security law - just thinking loudly.
>> From: Ali Hussein <ali at hussein.me.ke>
>> To: Walubengo J <jwalu at yahoo.com>; KICTAnet ICT Policy Discussions
>> <kictanet at lists.kictanet.or.ke>
>> Sent: Tuesday, December 23, 2014 7:26 PM
>> Subject: Re: [kictanet] Is the Communications Authority board out of
>> order?
>>
>> Walu
>>
>> Wahenga walisema:-
>>
>> Ukiona mwenzako anyolewa chako kitie maji.. :)
>>
>>
>>
>> Ali Hussein
>>
>> +254 770 906375 / 0713 601113
>>
>> Twitter: @AliHKassim
>> Skype: abu-jomo
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> Blog: www.alyhussein.com
>>
>> "I fear the day technology will surpass human interaction. The world will
>> have a generation of idiots".  ~ Albert Einstein
>>
>> Sent from my iPad
>>
>>
>>
>>> On Dec 23, 2014, at 2:08 PM, Walubengo J via kictanet
>>> <kictanet at lists.kictanet.or.ke> wrote:
>>>
>>> Interesting development. Anyone with a digital version of the advert?
>>> Looks like kazi mingi :-)
>>>
>>> Reminds me of when my college became a university and all the jobs were
>>> re-advertised.  The top guys went to court - and partly won.  The courts
>>> allowed their contracts run to expiry but their jobs still eventually
>>> went to some new Dons.
>>>
>>> Restructuring is always a nasty event.  However, as long as the old
>>> employees are allowed to apply and assured of not being sacked (whether
>>> they get the job or not), then all should be fine.  Natural attrition is
>>> expensive but always the safest option in such circumstances.
>>>
>>> walu.
>>>
>>> From: Mwendwa Kivuva via kictanet <kictanet at lists.kictanet.or.ke>
>>> To: jwalu at yahoo.com
>>> Sent: Tuesday, December 23, 2014 12:15 PM
>>> Subject: [kictanet] Is the Communications Authority board out of order?
>>>
>>> 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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>>> 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 not spam, do not market your wares or qualifications.
>>
>>
>

-- 
______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh

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