Mr. Walubengo, in broad daylight you are advocating we do a kangaroo shortlisting, interview, and appointment. :)
Why would anybody want to participate in the process with the end result already known?
______________________ Mwendwa Kivuva twitter.com/lordmwesh google ID | Skype ID: lordmwesh
On 6 September 2013 09:12, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **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 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. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke>
*To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM
*Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@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
Listers, I assume that the CS and other powers that be are reading these comments. I wish to urge them, for the sake of this industry which we all know is key to the development of this nation, to do what is right. The ICT Authority requires goodwill of industry players and the best of the best to propel this industry to great heights. This means having an open process of selection where the most suitable candidate will emerge amongst others. Some of those names being touted are indeed very capable but the CS would be doing them injustice if he simply handpicked anyone. Let he/she who is worthy of the job stand up and present himself/herself in a transparent competitive process. I believe a full enlightened board consisting of knowledgable and dedicated persons (not simply well connected ones please) should be in place before the CEO is picked. And if it is a different panel interviewing, it really must consist of persons well versed. We must break away from past practices where a CEO of a parastatal has no respect nor time for the board he/she reports to simply because of owing allegiance to an individual who appointed him/her. This is what ails organizations and in the end you find poor performance and a decline or collapse of an entire sector simply due to in-fighting and insubordination. I am keenly watching how this will transpire. I would like to believe the new government is serious about developing this industry and will therefore do the right thing. Regards, Gilda Odera -----Original Message----- From: kictanet [mailto:kictanet-bounces+godera=skyweb.co.ke@lists.kictanet.or.ke] On Behalf Of Edwin Onchari Sent: Friday, September 06, 2013 6:09 PM To: godera@skyweb.co.ke Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Row simmers over order on new Information, Communication + 1 Edwin -----Original Message----- From: kictanet [mailto:kictanet-bounces+eonchari=lynxbits.com@lists.kictanet.or.ke] On Behalf Of kictanet-request@lists.kictanet.or.ke Sent: Friday, September 06, 2013 4:06 PM To: Edwin Subject: kictanet Digest, Vol 76, Issue 27 Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..." Today's Topics: 1. Re: Row simmers over order on new Information, Communication and Technology leadership (Brian Munyao Longwe) ---------------------------------------------------------------------- Message: 1 Date: Fri, 6 Sep 2013 16:03:10 +0300 From: Brian Munyao Longwe <blongwe@gmail.com> To: Kivuva <Kivuva@transworldafrica.com> Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>, "isoc@orion.my.co.ke" <isoc@orion.my.co.ke> Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Message-ID: <CAHSdPfbdD=XRe9qcoe73ikpyfAp8ZHj6vFtBZ7EVr6taPyjEbw@mail.gmail.com> Content-Type: text/plain; charset="iso-8859-1" Interesting to note that in this whole discussion no one seems to mention/consider that ICTA is an amalgamation of KICT Board, Department of e-Government and the Government Information Technology Services (GITS). If continuity is the focus, aren't the heads of any of the other agencies/departments also potential candidates? Best regards, Mblayo On Fri, Sep 6, 2013 at 3:10 PM, Kivuva <Kivuva@transworldafrica.com> wrote: the law. 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-presidenti al-executive-orders-and-unacceptable-plain-illegality-of-single-sourc ed-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
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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
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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
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-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
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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.
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