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

Thu Dec 25 10:42:21 EAT 2014

Mwendwa

I believe it's in the Star. Unfortunately my connectivity is snail pace right now :)

Check out The Star of yesterday.  I believe the CA has been given 24 hours to publicly retract the process.

Regards 

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 25, 2014, at 12:43 AM, Mwendwa Kivuva <Kivuva at transworldafrica.com> wrote:
> 
> 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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