@Kivuva

You are quite right.

@Walu, I believe the correct phrase is 'The end justifies the means'. :)

@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. 

Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd

+254 713 601113/ 0770 906375

"The future belongs to him who knows how to wait." - Russian Proverb

Sent from my iPad

On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:

Because we know who is being targeted for this position, and we know
his attributes and leadership qualities, and we acknowledge this is
just a onetime appointment, why don't we discuss the merits and
de-merits of Dr. Victor Kyalo?

I feel there is something members want to say but are being held back
by diplomacy.

Lets remember as it has been stated here previously, anybody holding
this public office will still have to pass the test of LEADERSHIP and
INTEGRITY as envisioned in the constitution

On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers

Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.

In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political  savvy ness
to navigate this new monster called the ICTA.

The CS may need to look at constituting a new board though.

I say let the new team move with expediency and judge it by the results.

Regards

Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd

+254 713 601113/ 0770 906375

"The future belongs to him who knows how to wait." - Russian Proverb

Sent from my iPad

On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:

Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.

Judy



On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.

Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-executive-orders-and-unacceptable-plain-illegality-of-single-sourced-ict-authority-boss
.

I agree with you on the need to advertise this job and still get the
"right man/woman" for it.  The CS should not allow the matter to be
determined by the courts.

May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!

Rgds
GG

Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com

Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke

@GG

I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).

This thing (Constitution 2010) changed so much - even the President today
cannot do stuff his predecessors used to do over a game of golf/beer/etc.
And so it would be the case for the Kenya ICT Authority - one cannot just
borrow a previous clause and paste it into a new, bigger and different
institution.  ICT Authority (2013) is miles apart from ICT board (2007)
in form, nature, scope and mandate.

For example, ICT Board(2007) was an institution with an
"administratively" limited ministerial scope -that is why other
Ministries could afford to ignore them. Today the ICT Authority is an
animal with sweeping powers that cut across Ministries and govt agencies.
The CEO appointment therefore requires and is indeed given a more
rigorous approach in the legal notice.

What raised the storm is why the need to exempt the 1st CEO from this
rigorous approach? My unsolicited advise would be for the CS to ignore
the clause, advertise the job (open it  up for everyone) - and still get
(his?) the right man/woman for the job. After all, he has or can create
the required "magnanimity" (opposite of Tyranny :-)  of the numbers in
the Board.

The other route is vulnerable to too much and unnecessary litigation that
may cripple the ICT Authority for years before it gets started. E.g
Someone can file a suit to determine whether the contentious clause goes
against the constitutional provision for non-discrimination. While the
suit is being determined ICT Authority will remain crippled/handicapped
for years.

walu.

From: Grace Githaiga <ggithaiga@hotmail.com>
To: jwalu@yahoo.com
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, September 4, 2013 2:41 PM
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership

@ Walu,
For comparison purposes, see legal notice legal Notice 26 of 2007
http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA
INFORMATION TECHNOLOGY BOARD 2007)

From: ggithaiga@hotmail.com
To: robertyawe@yahoo.co.uk
CC: kictanet@lists.kictanet.or.ke
Subject: RE: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
Date: Tue, 3 Sep 2013 09:13:46 +0000

Thanks Loise for sharing the legal notice.

@ Yawe you are right. That is the nature of the notice. You do not need
to be subjected to public scrutiny:) (On a light note, it is a pity since
I would be interested to know your inside manenos).

@ Brian, Walu, and Alice

I have just skimmed through the notice and in matters of the ICT
Authority appointments (both board and first CEO) it actually gives the
CS carte blanche. There may not be a row after all!  Maybe some mischief
at the drafting process of the notice which ensured that it ignored
article 10 of the constitution which  lays emphasis on consulting in
policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?

Rgds
GG

Date: Tue, 3 Sep 2013 09:58:31 +0100
From: robertyawe@yahoo.co.uk
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke

Hi,

There goes my opportunity to be appointed without having to jump through
hoops that require me to answer questions from my questionable past.

Regards


Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya


Tel: +254722511225, +254202010696

From: Grace Githaiga <ggithaiga@hotmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Monday, 2 September 2013, 15:02
Subject: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership

A row is simmering in the Ministry of Information, Communication and
Technology over a law that gives the Cabinet secretary power to make
unilateral appointment.

Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the
reorganisation of government that establishes the Information and
Communications Technology Authority ( ICTA) gives the ICT Cabinet
Secretary power to appoint the CEO of the authority without involving the
board.

http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership

_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.co.uk

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.


_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com

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.


_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/judym.muli%40gmail.com

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.

_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com

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.



--
______________________
Mwendwa Kivuva
twitter.com/lordmwesh
kenya.or.ke | The Kenya we know