I must add my voice in this debate! A critical thing that is playing out irrespective of who is acting legally or not is the lack of professionalism in the way the boards and management relate to each other. This leads to a kind of a context that plays out in the public and which helps no one in particular but affects the industry. It is apparent there are sour grapes and each party is using different strategies and legal provisions/gaps to settle scores. I agree with one of the contributors that upholding good faith in all dealings is crucial. If involved parties feel that there are differences that need intervention by other stakeholders to resolve them, then let them involve them if the source of dispute has to do with real issues and not personal. Otherwise, then nothing will ever work so long as personality clashes take centre stage and not even the laws or the constitution will resolve. We must embrace the spirit of constitutionalism because even the law is an "ass" and legal interpretations will not always solve issues BUT, the law/legal provisions are important to offer guidance. Human beings us included will always try to wriggle and find those provisions that favour them. So in this particular case, whether the board or the minister is right is subject to who is interpreting what and their world view and at the end of the day, there is a stalemate. Jane -----Original Message----- From: kictanet-bounces+jthuo=amwik.org@lists.kictanet.or.ke [mailto:kictanet-bounces+jthuo=amwik.org@lists.kictanet.or.ke] On Behalf Of Barrack Otieno Sent: Wednesday, April 20, 2011 4:44 PM To: jthuo@amwik.org Cc: KICTAnet ICT Policy Discussions Subject: [!! SPAM] Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali While at this subject, its a pity we are playing safe, leaders at key state organisations should come out boldly and state the challenges they are facing if any, it does us no good to be gossiping or listening to grapevine, I wonder why we don't invoke the law during the numerous cocktails we have, let's uphold good faith in all our dealings and stop playing cards under the table as the late Hon. Wamalwa challenged the leaders. On 4/20/11, Barrack Otieno <otieno.barrack@gmail.com> wrote:
@ Leonard, my reasons for using names is that there are times when we need leadership, I mentioned the Chair and the minister because they have what it takes to resolve the current challenge, we all know that there is the spirit and the letter of the law, good leadership espouses both, I fully agree with Gitau but what is the use of the law if we don't relate well as stakeholders?
On 4/20/11, dmakali@yahoo.com <dmakali@yahoo.com> wrote:
We need the rule of law, not behind-the-scenes political comprises. That's not a sustainable basis for accountable governance in the 21st century.
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-----Original Message----- From: Francis.Hook@gmail.com Sender: kictanet-bounces+dmakali=yahoo.com@lists.kictanet.or.ke Date: Wed, 20 Apr 2011 11:45:16 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali
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-- Sent from my mobile device Barrack O. Otieno Afriregister Ltd (Kenya) www.afrire <http://www.afriregister.com>gister.bi, www.afriregister.com<http://www.afriergister.com> <http://www.afriregister.com>ICANN accredited registrar +254721325277 +254-20-2498789 Skype: barrack.otieno _______________________________________________ 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/jthuo%40amwik.org 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.