[kictanet] To save CA from bullies, restore its autonomy and independence
Kevin Kamonye
kevin.kamonye at gmail.com
Thu Jan 25 11:30:35 EAT 2018
Joseph McDonald.
Your sentiments are the most pessimistic that I have read in a while.
So basically governments work in a certain way and that is that? You are
saying that we cannot make any meaningful contribution towards improving
the current situation? What is the point of this forum and all the work
that many here and elsewhere are putting in towards reforms? Be informed
that this in not just some academic/theoretical exercise that we are
undertaking here.
And also do not just throw general accusations here as if this is a village
market. Who will doctor the report? And whose interests are meant to be
served by the office of the CA DG? Are you also alleging that all the
officials in Public Office today were not appointed based on their merit
but to serve the interests of certain individuals? Can you give specific
names instead of dishonouring all?
What are you as an informed citizen doing to raise awareness and possibly
drive the required changes?
If you have no point to make then it is best to wait till otherwise.
Regards,
Kevin
On 24 January 2018 at 23:45, Joseph McDonald via kictanet <
kictanet at lists.kictanet.or.ke> wrote:
> The discussion of independence a d interdependence, corporate
> governance,and what ought to be unfortunately are academic and theoretical
> in nature.In practice no one or no institution can be allowed to be
> independent least of all in an African government context.The truth is most
> governments are amorphous and expediency is the order of the day and
> personal interest is the driving force in most of the decisions.If the
> powers that be..dont want Wangusi at the helm...his goose is cooked...the
> audit report can be doctered,he can be accused of improper
> conduct.....etc...But that is the way governments work.You are appointed
> either in board or at the helm of institution be it Ministry or department
> not because of expertise but to serve certain interest period!...Once your
> usefulness ends they get the next guy to serve the interests....its
> interest interest interest.Wangusi is not the first and will not be the
> last.He should start thinking of life after CA....Meanwhile lets continue
> with the independence,dependence,governance discussion they are also
> informative....
>
> Sent from my BlackBerry 10 smartphone.
> *From: *Grace Githaiga via kictanet
> *Sent: *Wednesday, January 24, 2018 10:19 PM
> *To: *Joseph McDonald
> *Reply To: *KICTAnet ICT Policy Discussions
> *Cc: *Grace Githaiga
> *Subject: *Re: [kictanet] To save CA from bullies, restore its autonomy
> and independence
>
> Thanks Grace for taking us down memory lane.
>
> See Wangusi's viewpoint on what constitues an Independence Regulator. This
> was eight (8) years ago when he was not at the helm:
> *Wangusi, Francis* Wangusi at cck.go.ke
> <kictanet%40lists.kictanet.or.ke?Subject=Re%3A%20%5Bkictanet%5D%20Independent%20Communications%20Commission%20ofKenya-Policy%0A%09Process&In-Reply-To=%3CEA7B65B9350B1745BC04CC9E5DCE029802B79025%40hq-msg-01.CCK%3E>*Wed
> Nov 17 13:21:30 EAT 2010*
>
>
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>
> ------------------------------
>
> Hi Folks,
> May I take this opportunity to sway you away from the monotony of discussing where the next forum for deliberating on the two bills should be to the real issues in the two bills. The two bills are for the creation of independent institutions of the Media Council and the Independent Communications Commission of Kenya. I must pat the drafters of these two bills on their backs for having identified the actual areas of concern and their attempts to realign them with articles 34 (3) & (5) of the constitution. It is important for us to address the issues raised in this bills in an attempt to come up with bills that will guarantee the existence of a wide range of independent and autonomous media in the broadcasting sub-sector. of course proportionate regulation is essential to guarantee the freedom of media while at the same time ensuring a balance between that freedom and other legitimate rights and interests. Perhaps most importantly in order to preserve broadcasting as part of the democratic process, we should aim at creating independence in regulatory institutions dealing with broadcasting in the sector. the question that begs in the minds of many is who is real an independent regulator? According to Eva Solomon, an independent regulator can be obtained by using the following criteria;
> · Means of appointment: should be clearly set out in law and should be done in a democratic and transparent manner.
> · Remit of the regulatory authority: duties and responsibilities of an independent regulator should be clearly set out in law as should the means through which they will be held accountable.
> · Terms for termination of appointment: one of the most invidious ways in which a regulatory authority can be subject to political pressure and influence is through the threat of dismissal. Thus the law must state clearly the factors which may lead to dismissal.
> · Funding: funding can be used as a means of exerting political pressure. Terms of funding should be set out in law, and whenever possible be kept separate from any potential political interference.
> · Conflicts of interest: apart from being independent of political forces, members of the regulatory authority must be free from any potential personal conflict of interest with the broadcasting sector.
> Perhaps, based on the above arguments, folks; you can analyze the two bills and see if they actually meet the above criteria and/or propose appropriate changes in order to expedite the process before the next forum. I want to propose that in order to overcome the potential contravention of chapter 15 of the new constitution, the Independent Communications Commission of Kenya be named Independent Communications Regulatory Authority of Kenya (ICRAK).
>
> From: kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke <https://lists.kictanet.or.ke/mailman/listinfo/kictanet> [mailto:kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>] On Behalf Of Walubengo J
> Sent: Wednesday, November 17, 2010 11:15 AM
> To: Wangusi, Francis
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Independent Communications Commission ofKenya-Policy Process
>
>
>
>
>
>
> Best regards
>
>
> Githaiga, Grace
>
>
>
> On Wednesday, 24-01-2018 at 20:09 Grace Mutung'u (Bomu) via kictanet wrote:
>
> Kelvin,
> Please refer to the thread "independent Communications Commission of
> Kenya" that gives diverse views on what independence means (for example,
> functional and financial independence) and how in the end, the
> communications law was amended. This background supports the points that
> Jaindi is raising that interdependence between the Authority and Ministry
> should only be at policy and not financial level.
> Thread starts here https://lists.kictanet.or.ke/pipermail/kictanet/2010-No
> vember/031757.html
>
>
>
>
> On 24 Jan 2018 10:48 am, "Ali Hussein via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> @Kevin
>>
>> I like your response. The interplay between independence and
>> interdependence. [image: :-)]
>>
>> I fully agree with you.
>>
>> I have one issue though and this is one of *Corporate Governance*. The
>> monies we are talking about are not small change in the scheme of things. A
>> million here and 25 million there..This adds up.
>>
>> No organization worth its salt should be run 'Kiholela' like that. With
>> all due respect to the Mandarins at the MOICT. They should know better. The
>> right way to do things is to sit with the CA and have a discussion at the
>> end of every year as to which activities they would like CA to fund. These
>> then should be consolidated and ExComm (Executive Committee of the Senior
>> Management Team at CA) presents this to the Board of Directors for
>> ratification and it becomes a budget item and above board.
>>
>> The CA is a critical institution and the goings on there smack of
>> machinations to control the billions that CA has in its budget. It's wrong
>> for MOICT to treat the CA budget as its personal piggy bank/slush fund. The
>> MOICT has a vote. Let it live within its means like we all do. And in case
>> they are unable to the paragraph before this should be a guideline on how
>> to go about it so that no one is exposed.
>>
>> Lastly, I also think what the Director General did, if the reporting has
>> any truth to it is wrong. He simply should not have the power to approve
>> extra-judicial budget items. This leaves him vulnerable later to
>> manipulation. Let there be clear procedures on how these things are done.
>> At the Boards that I sit in that in itself is a firing offence. Let us not
>> expose our heads of government agencies to such manipulation. It is akin to
>> abuse of power by MOICT. It simply is not acceptable.
>>
>> Regards
>>
>> *Ali Hussein*
>>
>> *Principal*
>>
>> *Hussein & Associates*
>>
>>
>>
>> Tel: +254 713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>>
>> 13th Floor , Delta Towers, Oracle Wing,
>>
>> Chiromo Road, Westlands,
>>
>> Nairobi, Kenya.
>>
>> Any information of a personal nature expressed in this email are purely
>> mine and do not necessarily reflect the official positions of the
>> organizations that I work with.
>>
>> On Wed, Jan 24, 2018 at 3:37 PM, Kevin Kamonye via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> I am eagerly waiting for the report of the audit that is being currently
>>> conducted. This and the responses thereafter will give a clear indication
>>> of the situation at the CA.
>>>
>>> As for the letters regarding the request of funds, I do not find any
>>> issue with this. The only condition is that these funds must be accounted
>>> for and even better a report written about the official activities that
>>> were attended to by whom, where and also what returns are to be gained from
>>> the engagements. And further follow up until the intended goals are
>>> achieved.
>>>
>>> Our institutions need to be independent, yes. They are also
>>> inter-dependent. Having the PSs of the ICT or other Ministries does not
>>> have to be bad thing. It in fact can serve as a way to expedite decision
>>> making and enhance cooperation - basically doing away with
>>> inter-institutional bureaucracy.
>>>
>>> Regards,
>>>
>>> Kevin
>>>
>>> On 24 January 2018 at 13:06, Barrack Otieno via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Listers,
>>>>
>>>> In Summary
>>>>
>>>> - Surely, somebody must be made to answer for those letters.
>>>> - This is the sector that gave Kenya global leadership in mobile
>>>> banking.
>>>>
>>>> https://www.nation.co.ke/oped/opinion/To-save-CA-from-bullie
>>>> s-restore-its-autonomy-and-independence/440808-4275382-a055q
>>>> 6/index.html
>>>>
>>>> PS. Its sad to see what is happening at CA because we debated
>>>> extensively on this list the process that gave it its autonomy. I am
>>>> confident the team at the helm of the ministry has what it takes to put us
>>>> back on the correct path.
>>>>
>>>> Regards
>>>>
>>>> --
>>>> Barrack O. Otieno
>>>> +254721325277 <+254%20721%20325277>
>>>> +254733206359 <+254%20733%20206359>
>>>> Skype: barrack.otieno
>>>> PGP ID: 0x2611D86A
>>>>
>>>>
>>>>
>>>>
>>>>
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>>> sector in support of the national aim of ICT enabled growth and development.
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>>
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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.
>>
>>
> Co-Convenor
> Kenya ICT Action Network (KICTANet)
> Twitter:@ggithaiga
> Tel: 254722701495
> Skype: gracegithaiga
> Alternate email: ggithaiga at hotmail.com
> Linkedin: https://www.linkedin.com/in/gracegithaiga
> www.kictanet.or.ke
>
> "Change only happens when ordinary people get involved, get engaged and
> come together to demand it. I am asking you to believe. Not in my ability
> to bring about change – but in yours"---Barrack Obama.
>
>
>
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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.
>
>
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