Interesting development. Anyone with a digital version of the advert? Looks like kazi mingi :-)

Reminds me of when my college became a university and all the jobs were re-advertised. The top guys went to court - and partly won. The courts allowed their contracts run to expiry but their jobs still eventually went to some new Dons.

Restructuring is always a nasty event. However, as long as the old employees are allowed to apply and assured of not being sacked (whether they get the job or not), then all should be fine. Natural attrition is expensive but always the safest option in such circumstances.

walu.

From: Mwendwa Kivuva via kictanet <kictanet@lists.kictanet.or.ke>
To: jwalu@yahoo.com
Sent: Tuesday, December 23, 2014 12:15 PM
Subject: [kictanet] Is the Communications Authority board out of order?

The advert in the daily Nation on Friday 19th advertising the vacancies at the Communications Authority seem to indicate that the CA senior managers are required to apply for their jobs. The managers have since gone to court: http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-over-jobs/-/539546/2566140/-/wbsjon/-/index.html

The information and communications Act Amendment of 2013, section 105; the transition provisions set out in schedule 6 shall have effect with respect to staff, assets, rights, liabilities, obligations, agreements and other arrangements at the commencement of this act. It says among others " staff shall transit from CCK to CA of Kenya at the same terms and benefits or better terms and their terms shall not be interfered with."

Change is good in every society. It brings impetus in organisations, reduces complacency, and improves efficiency. But these change has to be within the law. By the board advertising these positions it clearly contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng. Rege, Hon Yinda and all honorable members of parliament on this mailing list help us understand how a group of people (the CA Board) would blatantly ignore the law with 'impunity'!

A spot check with some of the employees indicates that their employment terms have not changed - meaning they are permanent and pensionable. You cannot just wake up and change this without terminating and compensating them. The due process should be followed and you do not declare a position (whether change of name) vacant when you have an incumbent.

The timing of this process also seems ill intentioned considering that Parliament which amended the Act before passing it is in recess until February 2015. The advert requires all to apply before 14th January 2015.

Listers, we have to worry about what happens to the Authority because above all disruption to the setup definitely affects many businesses.

Dr. Matiangi - is this another ignorance of the law from your ministry? We already have a failed process at ICTA that has left us with an acting CEO for over 2 years, and a Board that is in office illegally after it was nullified by the High Court. http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-appointments

COFEK we are relying on you as a watchdog. We know how people are handled during a transition process is key.

Sincerely,

______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson

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