Hi Davis, All
The new Constitution of Kenya, 2010 came at a very high price. Kenya@50 has been a long and bloody walk for many unsung heroes(ines) most of whom didnt live to tell the story. As we sit behind our laptops and/or our smart phones to share our pleasure and/or pain with those who break the law with impunity, including fellow listers, it is fair not to perpetuate the sin of omission. We cannot be or allow ourselves to be bystanders and/or complain for a
week and shut up simply because we want to look good and/or are queuing for favours from those in authority. I, therefore, commend you most sincerely among a few others for standing up.
The irony is that most of us here are very passionate about ICT but not about governance of ICT institutions. You might not be aware but Cofek wrote to H.E the President on May 16 asking, among other issues, for an amalgamation of ICT public bodies. We shouldn't be silent if the eventuality is what we have at ICTA. I understand why it is safe to do so in the interim but it is wrong and painful long-term. If you get in a
good man at ICTA (as I am told the preferred fellow is) in a rogue manner dressed up in full impunity colours and oduor, why would he not become rogue? Why would he not apply the same rule in handpicking top management? Why would a CS, PS be appointed by H.E the President and a CEO of a parastatal is also appointed that way? What would be the role of a BoD appointed by a CS? Talking of a CS and PS, for instance on ICT, what is the boundary on their roles and responsibilities? Has it been clarified? If yes, how many of us know - especially when a number of CS have literally become accounting officers to their Ministries?
It
is for this reason that I would urge all of you, including my friends the ICT CS and the PS, to support our forthcoming case against flouting of various provisions of the CoK and especially Art. 232 on values and principles of public service in the purported unilateral appointment of ICTA boss vide a statutory legislation which need to be declared unconstitutional - for attempting to circumvent the supremacy of the Constitution of Kenya, 2010. Given the nature of the case, we will be giving the Attorney General and CIC 30 days to put their act together or meet Cofek at the corridors of justice.
Finally, if we are
patriots as I guess most of us are, let us do something and/or everything possible to make the ICT and overall Kenyan consumer happy. I would, for instance, be grateful to know the impact of VAT Act, 2013 on the ICT sector. I spent the better part of Friday evening with Treasury CS on mitigation measures to be applied to get a reprieve to the consumer. From 7 am tomorrow, I will again be at The National Treasury to follow up the discussion. VAT Act was well intended but its drastic application and impact thereof were under-estimated even with our red flag to the Parliament Committee on Finance, Trade and Planning. I am therefore appealing to you, friends, to support a more structured, focused and impactful consumer protection movement in Kenya. Cofek and I are ready to learn from you - by hosting those of you in a special half-day forum to discuss ICT sector and consumer protection at a mutually suitable date you are free to suggest.
Kind regards,
Stephen Mutoro
www.cofek.co.ke
From: Davis Onsakia <mautidavis@gmail.com>
To: smutoro@yahoo.com
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>
Sent: Friday, September 6, 2013 10:00 AM
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
The constitution is very clear; public participation is not optional. Any other legal instrument in
conflict to the law is null and void to that extent, as Hussein has pointed out!
Hence the law must be followed to the letter. This is good for the appointee and everybody else.
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