<html><head><style type="text/css"><!-- DIV {margin:0px;} --></style></head><body><div style="font-family:times new roman,new york,times,serif;font-size:12pt"><div><div>
<p><span>I agree with Makali on this one. The minister really has no
legal basis to hire/ fire a CEO, he can only approve from three names
given to him by the board after due process or fire on recommendation
from the board, again after due process. <br>
</span></p>
<p><span><br>
</span></p>
<p><span>And due process must have been followed, because we are told
the board in its entirety marked him 60 over 100 percent and not over 70
percent as the minister mentioned. <br>
</span></p>
<p><span>Regarding the DG's performance the board would know and have
intimate details on his performance over the last three years, that
the rest of us do not have access to, since we have not been sitting on
the board and working with him. Some listers also seem to be insinuating that the Board and DG </span>
have presented different goals. I will again differ. Performance
contracts are contracts between the board and the government. The board
then cascades the responsibility of implementing the contract to the DG
and his management team. Further, the Board sets the
strategic direction for the commission and again the DG is expected to
implement the vision/plan/performance contract and operationalize it
following the Board's instruction. So it does not make sense to keep
claiming that the DG is pro consumer and the board is not and oh by the
way the DG is also a member of the board.
</p>
<p><span>So rather than have the rather
emotional opinions that are being expressed on this list, please note
that as far as the statutes go, on this matter, :</span></p>
<p><span></span>The powers and responsibilities of
the Board of Directors are clearly outlined in Section 4(2) of
the State Corporations
(Performance Contracting ) Regulations 2004,subject of
course to the State Corporations
Act and any other statutes and they include inter alia, the
power to: <br>
<br>
“…(b) recruit staff including the chief
executive of the state corporation;<br>
<br>
(c) develop and negotiate with the
parent Ministry performance targets for the state
corporation for a specified
financial year;<br>
<br>
(f) enter into and implement performance contracts with the
chief executive of
the state corporation; <br>
<br>
(h) perform any other duties that may be deemed necessary or
expedient for the
<i><span> implementation of the performance contracts.”</span></i><span></span></p>
<p><span> </span></p>
<p><span>Although, as Walu rightly mentions
there is no specific power granted to the Board to dismiss/not
renew contracts
of CEO’s either in the State Corporations Act or in the Kenya
Information and Communications
Act, there is a rule of interpretation of statutes that says
that grant of a
specific power necessarily implies that it also has the power to
do the
converse and therefore it is implied that the power of the Board
to hire includes
the power to fire.’ So therefore the general principle is that it is not within the power of the
Minister to reinstate,
recruit of dismiss the DG.</span></p>
<p><br>
</p>
<p>Gitau</p>
<p><br>
<span></span><span></span></p>
<p><span><br>
</span></p>
</div>
<pre class="moz-signature" cols="72">-- <br><br></pre>
</div>
</div></body></html>