Ali Hussein <ali@hussein.me.ke> wrote,@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.
~~~~~~~
The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our
Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu.
@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
Because we know who is being targeted for this position, and we knowhis attributes and leadership qualities, and we acknowledge this isjust a onetime appointment, why don't we discuss the merits andde-merits of Dr. Victor
Kyalo?I feel there is something members want to say but are being held backby diplomacy.Lets remember as it has been stated here previously, anybody holdingthis public office will still have to pass the test of LEADERSHIP andINTEGRITY as envisioned in the constitutionOn 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).