Over to the lurkers – you have heard Robert. Be the change you want.

From: robert yawe [mailto:robertyawe@yahoo.co.uk]
Sent: Wednesday, September 18, 2013 5:13 PM
To: Gilda Odera
Cc: 'KICTAnet ICT Policy Discussions'
Subject: Re: [kictanet] Row simmers over order on new Information, Communication

@Gilda,

Just to reiterate what I said about a certain Presidential candidate, for democracy to be effective we must register as voters and then actually go out and vote. 

Sitting at home with a valid voters card cannot then be justification to have your opinion heard.

Regards

Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya

Tel: +254722511225, +254202010696

---

From: Gilda Odera <godera@skyweb.co.ke>
To: 'robert yawe' <robertyawe@yahoo.co.uk>
Cc: 'KICTAnet ICT Policy Discussions' <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, 18 September 2013, 16:59
Subject: RE: [kictanet] Row simmers over order on new Information, Communication

@Robert- Trust you to speak the Queen’s English J and thank you for being candid as usual.  Now that I get your comment, I partially agree. Yes, the formidable bodies should be consulted or be heard but  let us hear comments/advise/opinions from all quarters. Democracy is necessary here Robert. After all, we are communicating on KICTANET as it is right now  so it must have some standing J.  

From: robert yawe [mailto:robertyawe@yahoo.co.uk]
Sent: Wednesday, September 18, 2013 3:04 PM
To: Gilda Odera
Cc: 'KICTAnet ICT Policy Discussions'
Subject: Re: [kictanet] Row simmers over order on new Information, Communication

@Gilda,

In english, KICTANET has no moral or legal standing to require it be consulted unlike CSK and KIF.

Regards

Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya

Tel: +254722511225, +254202010696

---

From: Gilda Odera <godera@skyweb.co.ke>
To: 'robert yawe' <robertyawe@yahoo.co.uk>
Cc: 'KICTAnet ICT Policy Discussions' <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, 18 September 2013, 9:34
Subject: RE: [kictanet] Row simmers over order on new Information, Communication

@Robert- meaning? Please talk ‘transparently’ so we all understand what you are trying to say. Are you saying it is costly for the CS to engage CSK? He sent an email saying he is noting all comments on this list so let us give him credit for that. Or am I not understanding what you are saying here below?

Gilda

From: robert yawe [mailto:robertyawe@yahoo.co.uk]
Sent: Wednesday, September 18, 2013 8:22 AM
To: Gilda Odera
Cc: 'KICTAnet ICT Policy Discussions'
Subject: Re: [kictanet] Row simmers over order on new Information, Communication

@Gilda,

The CS has consulted the industry players who are members of an organised and duly constituted organisation, it goes by the name of CSK or in short Computer Society of Kenya.

As one Presidential Candidate found in a very costly manner that the number of friends you have on social media do not convert to valid electoral votes.

It is time we all brushed our memory banks and realise that we have been down this road and past this kiosk many times before, unfortunately we have never stopped to have chai na bandika.

Regards

PS.  I am sure Dr. Siganga was consulted especially since Victor is a member of the society.

"As I cry in the wilderness I pray to be heard" - An Village Madman in exile

Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya

Tel: +254722511225, +254202010696

---

From: Gilda Odera <godera@skyweb.co.ke>
To: robertyawe@yahoo.co.uk
Cc: 'KICTAnet ICT Policy Discussions' <kictanet@lists.kictanet.or.ke>
Sent: Tuesday, 17 September 2013, 11:55
Subject: Re: [kictanet] Row simmers over order on new Information, Communication

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-----
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Subject: kictanet Digest, Vol 76, Issue 27

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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:

> 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 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.
>>  ------------------------------
>>  *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
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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>>
>> for people and institutions interested and involved in ICT policy and
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>> ICT
>>
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>>
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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,
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>> 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
>>
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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
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>> platform
>>
>> for people and institutions interested and involved in ICT policy and
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>> ICT
>>
>> sector in support of the national aim of ICT enabled growth and
>>
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>>  KICTANetiquette : Adhere to the same standards of acceptable
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>>
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>>
>> --
>> ______________________
>> Mwendwa Kivuva
>> twitter.com/lordmwesh
>> kenya.or.ke | The Kenya we know
>>
>>
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>> platform for people and institutions interested and involved in ICT
>> policy and regulation. The network aims to act as a catalyst for
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growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable
>> behaviors online that you follow in real life: respect people's times
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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.
>>
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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 not spam, do not market your wares or qualifications.
>
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End of kictanet Digest, Vol 76, Issue 27
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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
not spam, do not market your wares or qualifications.


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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 not spam, do not market your wares or qualifications.