[kictanet] ICT AUTHORITY BOARD MEANT TO CURE OLD CONFLICT ISSUES

[Kamotho Njenga]

Grace,

Thanks for always being generous to share information and updates. I
appreciate the kind spirit. At the same time, I feel duty bound to bring to
your attention that the Board appointments to the ICT Authority are the
subject of a High court case filed by the ICT Association of Kenya on 5th
February 2014 (Civil Application No 48 0f 2014).

As you may be aware, the sub judice rule regulates commentaries on matters
which are under consideration by court. Comments are considered sub judice
once legal proceedings become active which is the situation in the case of
appointments to the Kenya ICT Authority Board. Principles underlying the
rule also apply to statements made online. Contravention of the rule is of
a strict liability nature hence one cannot escape liability by arguing that
he/she had no intention of prejudicing on-going legal proceedings or that
he/she did not know that the material was sub judice. Emergent sanctions of
course come with far reaching effects.

Details on the progress of the case are available at
http://www.ictak.or.ke/resources/news-and-events/230-ictak-moves-to-high-court

Without prejudice to the right to free debate which is the hallmark of
KICTANet let's avoid a path that would predictably set us on a collision
course with the courts. Please be guided.

Kamotho


On Fri, Feb 28, 2014 at 10:42 PM, Grace Githaiga <ggithaiga at hotmail.com>wrote:

> In January, Fred Matiang'i, Cabinet Secretary in the Ministry of
> Information and Communication inaugurated a new ICT Authority Board.
>
>
>
> He appointed:
>
>    1.
>
>    Prof Timothy Waema
>    2.
>
>    Ms Esther Kibeere
>    3.
>
>    Ms Bertha Dena
>    4.
>
>    Prof Elijah Omwenga
>    5.
>
>    Mr David Mugo
>    6.
>
>    Mr Ugas Mohamed
>
> My knee jerk reaction was that the CS had given a salute to the private
> sector and civil society "noise makers".
>
>
> http://www.wanjiku.co.ke/2014/02/ict-authority-board-meant-to-cure-old-conflict-issues/
>
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