Hi Listers Yesterday's discussion was very insightful and it would be a pity if it did not inform our legal framework going forward . In Feb and March this year, we fervently contributed to the upcoming ICCK Bill on the initiative of Dr Ndemo. The final report from the list is attached for those who did not have a chance to look at it. The closing date for comments in the list was March 22nd. Unfortunately, we did not have the benefit of this discussion and would suggest that the moderator include some of the comments that come from the on-going postings . Some of the issues raised are not addressed in the Draft ICCK and we are condemned to repeat it even in the new dispensation . My key take-away from yesterdays discussion which should inform ICCK now in drafting stage are; - term 1 and any subsequent terms of a DG office holder are delinked - appointment in the first term does not confer any claim whatsoever to any subsequent terms. The incumbent holder is eligible for a further term (s) but in a competitive process not a decision of the Board . An effective incumbent has the advantage of incumbency he/she can present to the selection panel. The panel is of course at liberty to take note - the appointment of the Board must be through a competitive process and reflect the face of Kenya, the supply side and demand side of the sector - Board positions should be filled just like that of the DG, i.e. an outgoing Board member apply for renewal before the expiry of the term and the position is filled by the time of the expiry of the term and remove discretion on the date of appointment - the hiring authority for the DG is the Board . This therefore commits the Board and provides it with unfettered tools to deliver on performance contracting. Thus there cannot be performance of the Board versus performance of the DG - DG has a right of appeal, else the holder will be a mere functionary .. In the current set up and also as envisaged in the ICCK Bill, the DG has no right of appeal to the Board Decisions. - that decision of the CCK emanate from the Board and not any other office, any appeal to that decision belong to the Appeals Tribunal. The Appeals Tribunal needs to be freshed out to handle these issues including the case of any staff who feels aggrieved by decisions of the Board exercising the powers under the Act - in conformity with the new constitution, deliberation of the Board are public information - ICCK cannot be independent if the government has the largest representation at the Board through PSs. - The number of Board members should be defined. ICCK Draft only prescribes ' at least ' -- should be have a limit and remove discretion. cheers Muriuki Mureithi Consultant Member Society of Telecommunications Consultants what chance gathers , she easily scatters !! Johann Wolfgang von Goethe -----Original Message----- From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.k e] On Behalf Of McTim Sent: 20 April 2011 20:35 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali Hi, On Wed, Apr 20, 2011 at 5:05 PM, Eng. Wainaina Mungai <wainaina.mungai@gmail.com> wrote:
Dear all, There is an angle to this whole story that is revealed in "The Indian Ocean Newsletter"
on http://www.africaintelligence.com/ION/politics-power/2011/04/16/trench-wa rfare-against-njoroge-at-cck%2C89365816-ART-login I hit a paywall (4 Euro for 200 words is 2 Euro cents per word!) Can you post it here please? Can you imagine how wealthy we would all be if we got 2 Eurocents per word from everybody who read for what we write online!! -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/mureithi%40summitstrate gies.co.ke 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.