Walu, My narrow definition of a civil servant would be anybody paid from the Exchequer. In this narrow defination, if a parastatal is generating it's own income, (like some public universities and government owned companies), then their employees are not civil servants. That is why recruitment in these "non civil service" entities is not done by PSC or any governmental statutory entity. In my proposed model, even if the government comes up with austerity measures (like staff rationalization, reducing expenditure) or populist mechanisms (like hiking salaries, giving subsidies, minorities empowerment), the governmental "non civil service entities" should not be affected. Currently as it stands, when the government is implementing austerity measures, the policy affects even the profit making fully owned government subsidiaries and universities. This should not be the case. On 09/08/2014, Walubengo J via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Ngigi,
That's a fair argument. Except that Universities (Public or Private) are not your typical organisation. There is usually that thing called Academic Freedom. We tend to be entitled to, and defend our own thinking - and reserve the right to disagree with someones else thinking. Irrespective of whether it is the Vice Chancellor, the Minister or the President who is having contrary opinion.
I think someone with this background or culture is infact more "independent" than someone who sits on a board representing specific and narrow interests, be they commercial, political or otherwise. In another words, as an academic, I can disagree with my boss on an issue and live to earn my salary the following day, because my terms of employment guarantee my my academic freedom/right to disagree. Not quite sure this applies in the private sector :-)
Nevertheless, your argument does hold some water, but perhaps applies only to folks in what we used to call "Central" and now "National" Government a.k.a the CORE civil servants. I still dont think Public University dons fall in this category of core civil service. But as @Mwendwa said, I could be biased..
walu.
-------------------------------------------- On Sat, 8/9/14, Ngigi Waithaka <ngigi@at.co.ke> wrote:
Subject: Re: [kictanet] ICT Authority Board Appointments Quashed by the High Court To: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke>, "John Walubengo" <jwalu@yahoo.com> Date: Saturday, August 9, 2014, 12:11 PM
Walu, It could be that Public Servants sitting in boards of Public bodies is an 'incestious' relationship that does not allow for the *independence* that external members of a board are supposed to bring to the table.
Take your case, you are at MMU, which is under Min ICT, then you get to be a board member at CAK, also under Min ICT. One phone call from you know who and you basically sing their story :-) Waithaka Ngigi Alliance Technologies
Nairobi, Kenya www.A1.io On 9 Aug 2014 12:00, "Walubengo J via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Mwendwa,
am three quarters(3/4) of a don, one quarter (1/4) to go before am a full don :-)
Anyway, my beef in all this saga is that the Kenya Communications Act (revised 2013) has a clause that stipulate that public servants (including dons in PUBLIC universities) should not sit on some boards including the Communication Authority, Universal Service, ICT Authority amongst others. It however does not bar dons from PRIVATE universities to sit on these very boards.
I am just not able to understand the rationale behind this - perhaps I will when I complete the remaining 1/4 of my studies. But meanwhile the drafters of this clause are on this list (National Communication Secretariate lurkers :-). Maybe they could break it down for us in simple english. But bottom line, I want to believe nobody should be barred whether they come from private or public university.
walu.
--------------------------------------------
On Fri, 8/8/14, Mwendwa Kivuva <Kivuva@transworldafrica.com> wrote:
Subject: Re: [kictanet] ICT Authority Board Appointments Quashed by the High Court
To: "Walubengo J" <jwalu@yahoo.com>, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke>
Date: Friday, August 8, 2014, 10:29 PM
Walu, you might have a
point, but being a don yourself (or on the way
to donship), I think your argument is biased.
Any professional at any
educational level
can give good advice to national boards. Most
successful Ministers at the Kibaki regime were
not necessarily PhD
holders.
I am not discounting the value
of education at all, and in 5 years, I
will
be a don too.
And I agree,
the law is biased by preventing public university
employees from sitting on public boards but
allowing private
university employees and
other private citizens to sit on the same
boards. Although I have a contradictory view
that education and
research will suffer if
the said professors are overloaded with side
jobs (something they will still do with private
consultancies). It's a
catch22
On 08/08/2014, Walubengo J via
kictanet <kictanet@lists.kictanet.or.ke>
wrote:
>
>
> @Kamotho,
>
> am yet to read the full ruling. But if i
recall well the key contention/plea
> was
that the appointment of Public University staff into the
various ICT
> Boards to be be found
illegal.
>
> it
appears the judges are in agreement. However, considering
the amount of
> intelkectual talent
within public universities - dont you think it is
> discriminatory that that group of staff
are barred from contributing to
>
national development at a Board level?
>
> Is it time to review
this clause or it does serve the purpose?
>
> walu.
>
>
>
------------------------------
> On Fri,
Aug 8, 2014 1:19 PM AST (Arabian) Kamotho Njenga via
kictanet
> wrote:
>
>>The illegal appointments made by the
ICT Cabinet Secretary, Dr Fred
>>Matiang'i have been quashed by the
High Court. Details on the background
>>and the orders of the court are
available at
>>http://www.ictak.or.ke/resources/news-and-events/235-statement-on-the-high-c...
>>
>>For the
avoidance of doubt, partial implications of the certiorari
orders
>>are that the impugned board
was illegal *ab initio*. So it is like the
>>board never existed. Reports
attributable to the CS are that he plans to
>>appeal the decision. He has an inherent
right to do so. What must be clear
>>is that the quash orders are in full
force w.e.f yesterday and the board
>>cannot purport to transact or to be
seen to do so.
>>
>>This is a crisis the Cabinet secretary
has precipitated himself because of
>>a trademark unilateralism approach and
failure to engage. Any attempt by
>>any person whatsoever to overlook the
prescriptions of the court's decree
>>has obvious sanctions.
>>
>>Kamotho
>
>
>
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twitter.com/lordmwesh
The best athletes never started as the best
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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 The best athletes never started as the best athletes. You have to think anyway, so why not think big? - Donald Trump. "You miss 100 percent of the shots you never take." - Wayne Gretzky. Tackle the biggest frog first. I will persist until I succeed - Og Mandino.