Walubengo, You need not apologise sine I was intending to bring this topic up. At a just concluded Broadcast conference in Las Vegas, IPV6 was extensively covered largely because broadcast now is practically IT. I shall post some of the presentation and possibly cast the net wider. We have selfishly dealing with this topic as purely IT without involving those in the converged environment. We just have to move with speed in our implementation process. Have a great weekend. Ndemo. Sent from my BlackBerry® -----Original Message----- From: Walubengo J <jwalu@yahoo.com> Sender: kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke Date: Sun, 17 Apr 2011 08:11:25 To: <bitange@jambo.co.ke> Cc: I-Network Uganda<i-network@dgroups.org>; <ethinktanktz@yahoogroups.com>; KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Its official - Asia Pacific runs out of IPv4 resources. _______________________________________________ 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/bitange%40jambo.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.

Walu, Headlines can be deceiving, APNIC is down the their last /8 (16 million addresses), so at this point slightly different rules adopted by the APNIC community kick in. They are not completely out, as the headline suggests. -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel On Sun, Apr 17, 2011 at 6:11 PM, Walubengo J <jwalu@yahoo.com> wrote:

Apologies for cross-posting.

------ It’s official: Asia’s just run out of IPv4 Addresses Well, that was fast. The Asia Pacific Network Information Centre (APNIC)<http://www.apnic.net/>has just released the last block of Internet Protocol version 4 (IPv4) addresses in its available pool. We knew this was coming when the Internet Corporation For Assigned Names and Numbers (ICANN) <http://www.icann.org/>and the Internet Assigned Numbers Authority (IANA) <http://www.iana.org/> announced in February that the last of the world’s remaining IPv4 blocks had been assigned<http://www.zdnet.com/blog/networking/don-8217t-panic-it-8217s-only-the-internet-running-out-of-addresses/656>to the Regional Internet Registries (RIR). What we didn’t know was that APNIC would run out quickly. I, and most other people, thought that its supply of IPv4 addresses would last until at least early summer. We were wrong.

more @ *http://tinyurl.com/3emsqf6*

walu. --- On *Sat, 4/16/11, Alice Munyua <alice@apc.org>* wrote:

From: Alice Munyua <alice@apc.org> Subject: [kictanet] Fwd: ICT4D Masters Bursary from University of Manchester To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Saturday, April 16, 2011, 8:50 PM

The University of Manchester's one-year MSc ICTs for Development degree aims to create "ICT4D champions" who combine technical competencies in information systems and project management with an understanding of development context and practice: http://www.sed.manchester.ac.uk/postgraduate/taught/courses/06237/?code=06237&pg=2

The 2011 Development Leaders Bursary - worth £6,150 - is available for developing country applicants to the MSc ICT4D programme, with a May 27th deadline. Application and eligibility details can be found at: http://www.sed.manchester.ac.uk/idpm/postgraduate/taught/funding/

This page also contains details on other funding sources and on part-time employment opportunities while studying in Manchester.

Richard Heeks

Director

Centre for Development Informatics

University of Manchester, UK

http://www.manchester.ac.uk/cdi

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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.

-- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel

Walu, all true. Good thing we have recently come to an agreement under which no more than 10% of an allocation an be used outside this regioon, and then only to provide connectivity back to africa! Rgds, mctim On 4/18/11, Walubengo J <jwalu@yahoo.com> wrote:

@McTim,

For a technical audience - very true what you say (splitting hair and agreeing that IPv4 resources in Asia are not yet over ;-).

But for a "policy-business-level" audience with planning time frames of 1-2yrs, the big picture is that Asia-Pacific has reached that critical point where new businesses wishing to connect to the internet are almost "forced" into getting IPv6 rather than IPv4 since IPv4 is officially a scarce resource in that region. Furthermore the remaining balance of 16million IP resources is a drop in the ocean considering the rate at which they are gobbling these addresses in Asia-Pacific.

But more important is the implications for Africa which is that other regions  (Asia, Europe and America) will begin to be more interesting in our more "abundantly" available and  comparatively "idle" IPv4 resources. Africa is therefore potentially exposed and the scramble for its relatively idle IPv4 resources through un-orthodox (black market) means is now more tempting than before.

walu.

--- On Sun, 4/17/11, McTim <dogwallah@gmail.com> wrote:

From: McTim <dogwallah@gmail.com> Subject: Re: [kictanet] Its official - Asia Pacific runs out of IPv4 resources. To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, April 17, 2011, 8:54 PM

Walu, Headlines can be deceiving, APNIC is down the their last /8 (16 million addresses), so at this point slightly different rules adopted by the APNIC community kick in.  They are not completely out, as the headline suggests.

-- Cheers,

McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there."  Jon Postel

On Sun, Apr 17, 2011 at 6:11 PM, Walubengo J <jwalu@yahoo.com> wrote:

Apologies for cross-posting.

------ It’s official: Asia’s just run out of IPv4 Addresses Well, that was fast. The Asia Pacific Network Information Centre (APNIC) has just released the last block of Internet Protocol version 4 (IPv4) addresses in its available pool. We knew this was coming when the Internet Corporation For Assigned Names and Numbers (ICANN) and the Internet Assigned Numbers Authority (IANA) announced in February that the last of the world’s remaining IPv4 blocks had been assigned to the Regional Internet Registries (RIR). What we didn’t know was that APNIC would run out quickly. I, and most other people, thought that its supply of IPv4 addresses would last until at least early summer. We were wrong.

more @ http://tinyurl.com/3emsqf6

walu. --- On Sat, 4/16/11, Alice Munyua <alice@apc.org> wrote:

From: Alice Munyua <alice@apc.org> Subject: [kictanet] Fwd: ICT4D Masters Bursary from University of Manchester

To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke>

Date: Saturday, April 16, 2011, 8:50 PM

The University of Manchester's one-year MSc ICTs for Development degree aims to create "ICT4D champions" who combine technical competencies in information systems and project management with an understanding of development context and practice: http://www.sed.manchester.ac.uk/postgraduate/taught/courses/06237/?code=06237&pg=2

The 2011 Development Leaders Bursary - worth £6,150 - is available for developing country applicants to the MSc ICT4D programme, with a May 27th deadline.  Application and eligibility details can be found at: http://www.sed.manchester.ac.uk/idpm/postgraduate/taught/funding/

This page also contains details on other funding sources and on part-time employment opportunities while studying in Manchester.

Richard Heeks Director Centre for Development Informatics University of Manchester, UK http://www.manchester.ac.uk/cdi

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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.

-- Cheers,

McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there."  Jon Postel

-- Sent from my mobile device Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel

Thanks. Of course David Makali is absolutely right. For now, however, the actual "flouting" has not been done as the minister is yet to gazette Charles Njoroge re-appointment. As soon as he does, he should expect full force of Consumers Federation of Kenya. For now, we are receiving legal counsel and we are actively considering being enjoined in the court case opposing the planned re-appointment. But before all these, we will give dialogue a chance. As such, we will be seeking an appointment next week with Minister Samuel Poghisio and his PS to discuss the matter as we clearly find his arguments short of legal thresholds. Regards Stephen Mutoro Sent from my BlackBerry® -----Original Message----- From: Walubengo J <jwalu@yahoo.com> Sender: kictanet-bounces+stephen=cofek.co.ke@lists.kictanet.or.ke Date: Tue, 19 Apr 2011 22:00:52 To: <stephen@cofek.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali _______________________________________________ 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/stephen%40cofek.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.

Thanks MM. In many senses your email and the link in reference to an objective view of the issue, open up space for fresh discussions about which media can really lay claim to being part of the fourth estate. I feel BD has legitimate claim to that for their objectivity and independence. And I really hope such deliberations can feed into discussions that try to define what "independent" really means - such that "independent" excludes the ability to pander to certain interests and not any licence that amounts to impartial treatment of issues. On 20 April 2011 08:23, muriuki mureithi <mureithi@summitstrategies.co.ke>wrote:

Walu

It’s actually resurrected and is now turning up for constitutional interpretation at the supreme court

Read on ---

http://www.businessdailyafrica.com/Corporate+News/CCK+director+appointment+r...

this will be precedent setting not just for CCK but for all boards . it will remove doubt on the construct of the Independent CCK that is coming up ---

cheers

Muriuki Mureithi

Consultant Member

Society of Telecommunications Consultants

*what chance gathers , she easily scatters !! Johann Wolfgang von Goethe*

*From:* kictanet-bounces+mureithi=summitstrategies.co.ke@ lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi= summitstrategies.co.ke@lists.kictanet.or.ke] *On Behalf Of *Walubengo J *Sent:* 20 April 2011 08:01 *To:* mureithi@summitstrategies.co.ke *Cc:* KICTAnet ICT Policy Discussions *Subject:* Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.

However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted.

more @ *http://tinyurl.com/3cddk4h*

walu.

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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.

-- Francis Hook +254 733 504561

Thank you. Thank you for seeing the forest for the trees, On , Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:

Francis, you are spot on. Whereas we are all busy trying to see if the Minister has breached the law (which is on order), we are not interrogating the actions of the Board, thus giving the impression the minister is wrong and the Board is right. Was the Board's decision influenced externally? Was it a one-time appraisal or has there been continuous (annual?) appraisals and what were the scores?

Regards, Jotham

--- On Tue, 4/19/11, Francis Hook francis.hook@gmail.com> wrote:

From: Francis Hook francis.hook@gmail.com> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" kictanet@lists.kictanet.or.ke> Date: Tuesday, April 19, 2011, 10:40 PM

Thanks MM. In many senses your email and the link in reference to an objective view of the issue, open up space for fresh discussions about which media can really lay claim to being part of the fourth estate. I feel BD has legitimate claim to that for their objectivity and independence.

And I really hope such deliberations can feed into discussions that try to define what "independent" really means - such that "independent" excludes the ability to pander to certain interests and not any licence that amounts to impartial treatment of issues.

On 20 April 2011 08:23, muriuki mureithi mureithi@summitstrategies.co.ke> wrote:

Walu It's actually resurrected and is now turning up for constitutional interpretation at the supreme court

Read on --- http://www.businessdailyafrica.com/Corporate+News/CCK+director+appointment+r...

this will be precedent setting not just for CCK but for all boards . it will remove doubt on the construct of the Independent CCK that is coming up ---

cheers

Muriuki Mureithi

Consultant Member Society of Telecommunications Consultants

what chance gathers , she easily scatters !! Johann Wolfgang von Goethe

From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Walubengo J

Sent: 20 April 2011 08:01 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali

It seems this saga refuses to die...

~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister's intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.

However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted.

more @ http://tinyurl.com/3cddk4h

walu.

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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.

-- Francis Hook +254 733 504561

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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.

Totally agree but we must create the right environment for the rule of law to prevail. It is for this reason that all are agreed that we must push for the implementation of the new constitution. ...and the rule of law must apply to everyone and at all circumstances otherwise we have noted cases where brains stop working depending o who is to be affected by the application of a given law. Have a peaceful evening. KW  ________________________________ From: "dmakali@yahoo.com" <dmakali@yahoo.com> To: jwkabinga@yahoo.co.uk Cc: kictanet <kictanet@lists.kictanet.or.ke> Sent: Wed, 20 April, 2011 14:42:26 Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali 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. Sent from my BlackBerry® -----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 _______________________________________________ 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/dmakali%40yahoo.com 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. _______________________________________________ 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/jwkabinga%40yahoo.co.uk 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.

What is our opinion of the performance of the board and the DG- what value have the two sides brought to the industry on scale of 1 to 10- we can then vote- and share the results- the demerits and merits have been well put forward. VB ________________________________ From: kictanet-bounces+victor=article19.org@lists.kictanet.or.ke [kictanet-bounces+victor=article19.org@lists.kictanet.or.ke] on behalf of Brian Munyao Longwe [blongwe@gmail.com] Sent: 20 April 2011 15:05 To: Victor Bwire Cc: kictanet Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali Methinks it will not be long before we see a reconstitution of the CCK board - after this (apparently) failed "coup" attempt. By the way there is more to this matter than meets the eye, seems like the Board was caught with their pants down, let's just hope that for their sake, an investigative reporter doesn't pull the pieces and expose their shenanigans. In my honest opinion, that board should go if we really want to see a properly structured CCK... Mblayo On Wed, Apr 20, 2011 at 4:50 PM, Josphat Kabinga <jwkabinga@yahoo.co.uk<mailto:jwkabinga@yahoo.co.uk>> wrote: Totally agree but we must create the right environment for the rule of law to prevail. It is for this reason that all are agreed that we must push for the implementation of the new constitution. ...and the rule of law must apply to everyone and at all circumstances otherwise we have noted cases where brains stop working depending o who is to be affected by the application of a given law. Have a peaceful evening. KW ________________________________ From: "dmakali@yahoo.com<mailto:dmakali@yahoo.com>" <dmakali@yahoo.com<mailto:dmakali@yahoo.com>> To: jwkabinga@yahoo.co.uk<mailto:jwkabinga@yahoo.co.uk> Cc: kictanet <kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> Sent: Wed, 20 April, 2011 14:42:26 Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali 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. Sent from my BlackBerry® -----Original Message----- From: Francis.Hook@gmail.com<mailto:Francis.Hook@gmail.com> Sender: kictanet-bounces+dmakali=yahoo.com@lists.kictanet.or.ke<mailto:yahoo.com@lists.kictanet.or.ke> Date: Wed, 20 Apr 2011 11:45:16 To: <dmakali@yahoo.com<mailto:dmakali@yahoo.com>> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/dmakali%40yahoo.com 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/jwkabinga%40yahoo.co.uk 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto: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/blongwe%40gmail.com 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. -- Brian Munyao Longwe e-mail: blongwe@gmail.com<mailto:blongwe@gmail.com> cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com

There is more than meets the eyes. The Minister, in my view, didn't flout any law. He just acted as is required by the same law. David Makali might give some wrong interpretation of the law simply because Poghisio didn't just wake up, and from oblivion, revoked the suspension of DG. This is a matter that requires sobriety since CCK is set to undergo through some major reforms. Let's wait for the constitutional interpretation, lest we go sub-judice. On 20/04/2011, muriuki mureithi <mureithi@summitstrategies.co.ke> wrote:

Walu

It’s actually resurrected and is now turning up for constitutional interpretation at the supreme court

Read on ---

http://www.businessdailyafrica.com/Corporate+News/CCK+director+appointment+r...

this will be precedent setting not just for CCK but for all boards . it will remove doubt on the construct of the Independent CCK that is coming up ---

cheers

Muriuki Mureithi

Consultant Member

Society of Telecommunications Consultants

what chance gathers , she easily scatters !! Johann Wolfgang von Goethe

From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke] On Behalf Of Walubengo J Sent: 20 April 2011 08:01 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.

However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted.

more @ http://tinyurl.com/3cddk4h

walu.

Mr. Mutoro, me thinks e-citizens have ways of resolving issues amicably, can we exhaust existing mechanisms before resorting to court cases, many milestones in this industry have been achieved through dialogue and teamwork and I propose we uphold this spirit. This is just a storm in the tea cup. On 4/20/11, Barrack Otieno <otieno.barrack@gmail.com> wrote:

Well this is a timely occurence as we ponder over Independent CCK.

On 4/20/11, Walubengo J <jwalu@yahoo.com> wrote:

...

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04

BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated. The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted. more @ http://tinyurl.com/3cddk4h

walu.

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@ Francis, Listers, jst to clarify. These views are by David Makali.  My views on the same are already in the public domain in earlier posts on this list.  Which were that the Minister has a right to appoint the DG, but that RECENT government practice has been that such appointment is subject to the Board's recommendation.  Further that the old act (1998 Comm Act)  which still applies does not (un)fortunately explicitly state the role of the Board in the appointment process. As such to me the minister will still be "Legally" right in appointing the DG inspite of the Boards contrary opinion. But I think its not enough to win legal positions, what's more important is for the board to have a good working relationship. With all due respect to DG (who is also my boss) and the Chairman (my friend) one of them has to go because the industry regulator and its role is bigger than both of them. But hey, as Mutoro says, lets cross that brigde when the gazettment actually happens. walu.  Wed, 4/20/11, Francis Hook <francis.hook@gmail.com> wrote: From: Francis Hook <francis.hook@gmail.com> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, April 20, 2011, 8:30 AM Sorry Walu....but I beg to differ. Let me quote some parts of the article... " his appointment as DG was not the most applauded and I doubt the circumstances of his re-appointment will elicit any more excitement." so what? The hoi polloi who are now beneficiaries of his actions need not have known about his credentials or his actions.   Or should the recent Uhuru Park prayer meeting be the standard against which "success" should  be measured? If that is the case, if we have to laud people o their appointment (if we have to deem people fit even PRIOR to them rolling up their sleeves), then I want to "de-jivunia kuwa mkenya". "He was a lower ranked official at the same organisation when he was elevated to the top in a recruitment exercise marked by intense lobbying and jostling. Indeed, part of his problems arise from the internal perception that he was helped up or bypassed more senior or deserving colleagues to become head." So we should endure the old guard and the old ways. Perpetrate cronyism and jingoism in sector regulation?   Does one's tail have to be so long in order to wag it? Is this really a precedent we want to set? That statement in itself fells the argument.   "nowhere in the law is the minister invited to determine whether the Commission has acted right or wrong in its disciplinary actions. That is interference, period. " Agreed. But, if in the first place, the basis of such decisions are flawed...then what? What recourse is there to the DG and the Minister if the board's decisions are not "above the board" ?  Sorry...but I think this is the wrong judgement call.   It takes away attention from what the board's interests are and what national issues are at stake (and which have been served as per the mandate of CCK).   Could David Makali instead elucidate what Mr Njoroge has NOT done or done wrong rather than burying all these issues in all manner of conjecture, hearsay and supposed adherence to the independence of CCK?  On 20 April 2011 08:00, Walubengo J <jwalu@yahoo.com> wrote: It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated. The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted. more @ http://tinyurl.com/3cddk4h walu. _______________________________________________ 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/francis.hook%40gmail.co... 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. -- Francis Hook +254 733 504561

@ Barrack, now you will get me fired.  I never said the DG should leave!  I just said that when two bulls fight, the grass (industry) eventually suffers and the simplest and quickest solution is to get rid of ONE of the bulls.  Am not really interested in which one survives or goes since I am looking at it from an Industry perspective rather than a personal perspective. walu. --- On Wed, 4/20/11, Barrack Otieno <otieno.barrack@gmail.com> wrote: From: Barrack Otieno <otieno.barrack@gmail.com> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: "Walubengo J" <jwalu@yahoo.com>, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, April 20, 2011, 9:45 AM Your sentiments are correct Walu, the current DG and the board have done some commendable work alongside many other members I government, private sector and civil society, even if the DG was to leave he would still be usefull to the sector, I think the Min and Hon Okundi should resolve the issues amicably, at least I can facilitate a cup of tea at the Intercon ;-), there is no winner in this duel we will all lose. On 4/20/11, Walubengo J <jwalu@yahoo.com> wrote:

@ Francis, Listers,

jst to clarify. These views are by David Makali.  My views on the same are already in the public domain in earlier posts on this list.  Which were that the Minister has a right to appoint the DG, but that RECENT government practice has been that such appointment is subject to the Board's recommendation.

Further that the old act (1998 Comm Act)  which still applies does not (un)fortunately explicitly state the role of the Board in the appointment process. As such to me the minister will still be "Legally" right in appointing the DG inspite of the Boards contrary opinion.

But I think its not enough to win legal positions, what's more important is for the board to have a good working relationship. With all due respect to DG (who is also my boss) and the Chairman (my friend) one of them has to go because the industry regulator and its role is bigger than both of them.

But hey, as Mutoro says, lets cross that brigde when the gazettment actually happens.

walu.

 Wed, 4/20/11, Francis Hook <francis.hook@gmail.com> wrote:

From: Francis Hook <francis.hook@gmail.com> Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, April 20, 2011, 8:30 AM

Sorry Walu....but I beg to differ. Let me quote some parts of the article... " his appointment as DG was not the most applauded and I doubt the circumstances of his re-appointment will elicit any more excitement."

so what? The hoi polloi who are now beneficiaries of his actions need not have known about his credentials or his actions.   Or should the recent Uhuru Park prayer meeting be the standard against which "success" should  be measured? If that is the case, if we have to laud people o their appointment (if we have to deem people fit even PRIOR to them rolling up their sleeves), then I want to "de-jivunia kuwa mkenya".

"He was a lower ranked official at the same organisation when he was elevated to the top in a recruitment exercise marked by intense lobbying and jostling. Indeed, part of his problems arise from the internal perception that he was helped up or bypassed more senior or deserving colleagues to become head."

So we should endure the old guard and the old ways. Perpetrate cronyism and jingoism in sector regulation?   Does one's tail have to be so long in order to wag it? Is this really a precedent we want to set?

That statement in itself fells the argument.

"nowhere in the law is the minister invited to determine whether the Commission has acted right or wrong in its disciplinary actions. That is interference, period. "

Agreed. But, if in the first place, the basis of such decisions are flawed...then what? What recourse is there to the DG and the Minister if the board's decisions are not "above the board" ?  Sorry...but I think this is the wrong judgement call.   It takes away attention from what the board's interests are and what national issues are at stake (and which have been served as per the mandate of CCK).

Could David Makali instead elucidate what Mr Njoroge has NOT done or done wrong rather than burying all these issues in all manner of conjecture, hearsay and supposed adherence to the independence of CCK?

On 20 April 2011 08:00, Walubengo J <jwalu@yahoo.com> wrote:

                It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04                                    BY DAVID MAKALI           

        A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I   will proceed to renew his contract in line with the law,” he stated. The   minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted. more @ http://tinyurl.com/3cddk4h

walu.

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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.

-- Francis Hook +254 733 504561

-- 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

Just to be in the know, what reguulation did the minister flout? Had the appointment been made directly by the Executive, and retained the DG, would it have elucidated this kind of debate? For all intent and purpose, if the performance of DG has been against the normal practices, then that would be a great point to see his safe exit from the Commissuion. What, if any, are the basis, criterion, a minister can apply in firing a CEO based on the existing regulations? Some legal challenges here need thorough interpretations, but AFAIK, the common person is the beneficiary of the general changes that the sector has undergone. How I wish, as Barack has put it, Hon. Okundi and Hon. Poghisio could sort their differences without creating an impasse on the operations of the CCK. On 20/04/2011, Barrack Otieno <otieno.barrack@gmail.com> wrote:

@ Walu, sometimes it is hard to express myself in the English language, what i meant is that this is not a life and death situation, too much heat is being directed at the DG and the Minister creating unnecessary confusion, i was simply vouching for the public good aka industry perspective as you say. Well sanity will prevail.

On Wed, Apr 20, 2011 at 10:40 AM, Walubengo J <jwalu@yahoo.com> wrote:

...

@ Barrack,

now you will get me fired. I never said the DG should leave!

I just said that when two bulls fight, the grass (industry) eventually suffers and the simplest and quickest solution is to get rid of ONE of the bulls. Am not really interested in which one survives or goes since I am looking at it from an Industry perspective rather than a personal perspective.

walu.

--- On *Wed, 4/20/11, Barrack Otieno <otieno.barrack@gmail.com>* wrote:

From: Barrack Otieno <otieno.barrack@gmail.com>

Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: "Walubengo J" <jwalu@yahoo.com>, "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke> Date: Wednesday, April 20, 2011, 9:45 AM

Your sentiments are correct Walu, the current DG and the board have done some commendable work alongside many other members I government, private sector and civil society, even if the DG was to leave he would still be usefull to the sector, I think the Min and Hon Okundi should resolve the issues amicably, at least I can facilitate a cup of tea at the Intercon ;-), there is no winner in this duel we will all lose.

...

@ Francis, Listers,

jst to clarify. These views are by David Makali. My views on the same are already in the public domain in earlier posts on this list. Which were

...

the Minister has a right to appoint the DG, but that RECENT government practice has been that such appointment is subject to the Board's recommendation.

Further that the old act (1998 Comm Act) which still applies does not (un)fortunately explicitly state the role of the Board in the appointment process. As such to me the minister will still be "Legally" right in appointing the DG inspite of the Boards contrary opinion.

But I think its not enough to win legal positions, what's more important is for the board to have a good working relationship. With all due respect to DG (who is also my boss) and the Chairman (my friend) one of them has to go because the industry regulator and its role is bigger than both of them.

But hey, as Mutoro says, lets cross that brigde when the gazettment actually happens.

walu.

Wed, 4/20/11, Francis Hook <francis.hook@gmail.com<http://mc/compose?to=francis.hook@gmail.com>> wrote:

From: Francis Hook <francis.hook@gmail.com<http://mc/compose?to=francis.hook@gmail.com>

Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali To: "Walubengo J" <jwalu@yahoo.com<http://mc/compose?to=jwalu@yahoo.com>

Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke<http://mc/compose?to=kictanet@lists.kictanet.or.ke>

Date: Wednesday, April 20, 2011, 8:30 AM

Sorry Walu....but I beg to differ. Let me quote some parts of the

...

" his appointment as DG was not the most applauded and I doubt the circumstances of his re-appointment will elicit any more excitement."

so what? The hoi polloi who are now beneficiaries of his actions need not have known about his credentials or his actions. Or should the recent Uhuru Park prayer meeting be the standard against which "success" should be measured? If that is the case, if we have to laud people o their appointment (if we have to deem people fit even PRIOR to them rolling up their sleeves), then I want to "de-jivunia kuwa mkenya".

"He was a lower ranked official at the same organisation when he was elevated to the top in a recruitment exercise marked by intense lobbying and jostling. Indeed, part of his problems arise from the internal perception that he was helped up or bypassed more senior or deserving colleagues to become head."

So we should endure the old guard and the old ways. Perpetrate cronyism and jingoism in sector regulation? Does one's tail have to be so long in order to wag it? Is this really a precedent we want to set?

That statement in itself fells the argument.

"nowhere in the law is the minister invited to determine whether the Commission has acted right or wrong in its disciplinary actions. That is interference, period. "

Agreed. But, if in the first place, the basis of such decisions are flawed...then what? What recourse is there to the DG and the Minister if

On 4/20/11, Walubengo J <jwalu@yahoo.com<http://mc/compose?to=jwalu@yahoo.com>> wrote: that article... the

...

board's decisions are not "above the board" ? Sorry...but I think this is the wrong judgement call. It takes away attention from what the board's interests are and what national issues are at stake (and which have been served as per the mandate of CCK).

Could David Makali instead elucidate what Mr Njoroge has NOT done or done wrong rather than burying all these issues in all manner of conjecture, hearsay and supposed adherence to the independence of CCK?

On 20 April 2011 08:00, Walubengo J <jwalu@yahoo.com<http://mc/compose?to=jwalu@yahoo.com>> wrote:

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04

BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated. The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted. more @ http://tinyurl.com/3cddk4h

walu.

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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.

-- Francis Hook +254 733 504561

-- 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

-- 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

@Walu, should I apply for your position? ;-) @Makali, was the Board influenced externally in making it's decision? Could we interrogate the actions of the Board and the Chairman since we have already expended enough energy on the Mnister & the DG? On Wed, Apr 20, 2011 at 10:55 AM, <dmakali@yahoo.com> wrote:

Walu, relax. You are not an employee of the DG. Furthermore this is a new era and you are entitled to your opinion and freedom to espouse it. No one should intimidate you.

As for the other posts, I will weigh in with an approriate response after more have ventilated.

David

Sent from my BlackBerry®

-----Original Message----- From: Walubengo J <jwalu@yahoo.com> Sender: kictanet-bounces+dmakali=yahoo.com@lists.kictanet.or.ke Date: Wed, 20 Apr 2011 00:40:39 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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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

Josephat, I agree with your assessment. This pretty much sums up the state of the nation ( or is it the state of the union of counties...?) Indeed it's just but a tip of the iceberg as matters stand currently; where vested interests take pre-eminence almost over everything else in this land. But again it is tough to stand in the way of an an idea whose time has come (read, "The New order") I strongly suggest that all and sundry wake up under the dawn of a new dispensation, that dispenses with the old order of impunity, vested interests, cronysm,ethnism, politism,nepotism and gerrymandering, etcetra and stand to be counted as statesmen and women willing to place the country above self. Standoffs and tussles being played out in the open, especially at the heart of such a crucial regulatory body sends out very ominous signals for this sector, and it's the last thing we need now. The sooner the 2 warring camps get down to iron out their differences, the better for everyone. We are not ready to be dragged 10 steps backward, when we make 5 forward. Maybe we should we be re-looking at the Independent Communications Commission of Kenya Bill draft, to ensure we eliminate gaps that could get us subjected to such shenanigans in future. Indeed this should also apply to other sectors. Thank you, ladies and gentlemen. Regards, Harry _____ From: kictanet-bounces+harry=comtelsys.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=comtelsys.co.ke@lists.kictanet.or.ke] On Behalf Of Josphat Kabinga Sent: Wednesday, April 20, 2011 11:58 AM To: harry@comtelsys.co.ke Cc: kictanet Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali Once again let me say that It is very unfortunate that a technical community such as KICTAnet continue to be subjected to a debate that has nothing to do with the subject institution or its integrity. The main players understand the game very well. The debaters don't ! Under the present coalition government and going by the old constitution (...and mentality) it would be unfortunate for a board chair to go a full term without exerting "the necessary" power, influence, and changes that are ethno-political and p-party compliant. These factors will determine future favours for such people. This is the bitter bill that Kenyans have to swallow...atleast for the short term period preceding the full implementation of the new constitution and a new government is put in place. While it would be naive of anyone to deny these facts it is comforting to note that such days, times and eras will soon be behind us and I would like to advise our senior politicians and others who have lived in this kind of environment for the better part of their lives and who may find it difficult to change to start preparing themselves for the back seat. Kenya is on the move and come September 2012 new drivers will be issued with clean licenses to drive this country forward. As a peace maker I may have no solution to the current problem but I think the power of dialogue supersedes everything else. Have a peaceful day. KW. _____ From: "dmakali@yahoo.com" <dmakali@yahoo.com> To: jwkabinga@yahoo.co.uk Cc: kictanet <kictanet@lists.kictanet.or.ke> Sent: Wed, 20 April, 2011 10:55:49 Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-byDMakali

Guys no one has really said what the DG did wrong in the first place .... is anyone in the know ? On Wed, Apr 20, 2011 at 12:12 PM, Kerubo Ombati <kaykerubo@gmail.com> wrote:

hey listers,

First, I think the Government circular on appointment of CEO's to parastatals is quite clear on the process of appointments of CEO’s and it is evident that the Minister has contravened the regulations.

As far as the statutes go, this is the position:

*Powers of the Board of Directors in appointments*

* *

The powers and responsibilities of the Board of Directors are clearly outlined in Section 4(2) of the *State Corporations (Performance Contracting ) Regulations 2004,*subject of course to the State Corporations Act and any other statutes and they include inter alia*, the power to: **

“…(b) recruit staff including the chief executive of the state corporation;

(c) develop and negotiate with the parent Ministry performance targets for the state corporation for a specified financial year;

(f) enter into and implement performance contracts with the chief executive of the state corporation;

(h) perform any other duties that may be deemed necessary or expedient for the implementation of the performance contracts.”*

Although there is no specific power granted to the Board to dismiss/not renew contracts of CEO’s either in the State Corporations Act or in the Kenya Information and Communications Act, there is a rule of interpretation of statutes that says that grant of a specific power necessarily implies that it also has the power to do the converse and therefore it is implied that the power of the Board to hire includes the power to fire.’

The general principle is that it is not within the power of the Minister to reinstate, recruit of dismiss the CEO.

*Personal liability of Board members *

Section 15 of the Kenya Information and Communications Act is clear that Board members and officers of the commission shall not be subject to personal liability for acts done in good faith for the purpose of executing their functions, powers or duties of the CCK under the Act.

So there is no reason for the Minister to report any of the Board Members to KACC for alleged improper conduct when they were acting in good faith and in the exercise of their functions for the CCK under the Act. In any case the procedure to remove or discipline a Board Member is clearly outlined in *Section 11 of the *State* Corporations (Performance Contracting) Regulations 2004 :*

*“Subject to the provisions of any **other Act*<http://www.kenyalaw.org/kenyalaw/klr_app/view_cap.php?CapID=3> *, the Minister may, in consultation with the committee, and based on results of evaluation, remove a Director of a state corporation whose performance is unsatisfactory.”*

And more specifically *at Section 2(b) of the First Schedule to the Kenya Information and Communications Act :*

* *

*“2. A member other than the chairman or an ex-officio member may – *

* *

* (b) be removed from office by the Minister if the member - *

*(i) has been absent from three consecutive meetings of the Board without the permission from chairman; or*

*(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or*

*(iii) is convicted of an offence involving dishonesty or fraud; or*

*(iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or*

*(v) is incapacitated by prolonged physical or mental illness; or*

*(vi) fails to comply with the provisions of this Act relating to disclosure;*

*(vii) is engaged in a communications organization which operates on telecommunication system or provides telecommunication services or is engaged in the manufacture or distribution of telecommunication equipment in Kenya as an owner, shareholder, partner or otherwise, whether directly or indirectly.”*

Also, the idea of approcahing the Court of Appeal sitting as the Supreme Court to seek an advisory opinion is a waste of time.An advisory opinion is just that ..it has no binding effect plus.the CIC is already before the court seeking an advisory opinion on the appointment of persons to state offices,so its better to wait for the outcome of that.

everyone is right that as the appointment has not been gazetted,it cannot be said to have been done,but the minister will probably back-date the appointment in the gazette notice as he did with the members of the Communications Appeals Tribunal.

Once Gazettment is done,the best way to approach the court is by way of judicial review.

On Wed, Apr 20, 2011 at 8:00 AM, Walubengo J <jwalu@yahoo.com> wrote:

...

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.

However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted.

more @ *http://tinyurl.com/3cddk4h*

walu.

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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.

By the virtue of its mandate as the regulator of the Communication sector in Kenya it’s extremely imperative that any decision taken relating to CCK’s leadership be undertaken transparently. On their part the CCK Board argue that the current DG has underperformed during his three year tenure. This could be possible. However any competent board ought to be transparent enough to clearly publish the parameters leading to particular conclusions especially where the issue concerned is of utmost public interest. Since the Board is supposed to be a public trustee there is need for an explanation on the purported areas of under-performance on the DG’s part given the fact that the Communication sector has experienced undeniable aspects of growth and dynamism over the last three years. For the record, we have seen a fall in Mobile Termination Rates, landing of three fiber optic cables in the country not to mention the number portability reality. During the same period, the Unified licensing Framework has been implemented and the Universal Access Fund has been set up. Directly resulting from the foregoing measures is a steep decline in Communication prices, increased affordability of technology products as well as a broadened scope of access. On the labor side statistics are indicative of heightened job creation within the ICT sector. In simple terms consumers have gained enormously over the past two years. Those suggesting that consumer interests have been sidelined may as well want to provide the newly discovered definition of the title “consumer”. Finally, according to the CCK’s Board evaluation report Njoroge only managed to score a moderate 60%. No one has a basis to dispute this score. All that is essential at this point is for the Board to disclose what 100% performance constitutes. Surely, it would be extremely absurd to have an evaluation exercise that neither has a marking scheme nor a scoring criterion. Such is an ambush that even the best performer would never transcend. Kamotho Njenga On Wed, Apr 20, 2011 at 3:16 AM, Agosta Liko <agostal@gmail.com> wrote:

Guys

no one has really said what the DG did wrong in the first place ....

is anyone in the know ?

On Wed, Apr 20, 2011 at 12:12 PM, Kerubo Ombati <kaykerubo@gmail.com>wrote:

...

hey listers,

First, I think the Government circular on appointment of CEO's to parastatals is quite clear on the process of appointments of CEO’s and it is evident that the Minister has contravened the regulations.

As far as the statutes go, this is the position:

*Powers of the Board of Directors in appointments*

* *

The powers and responsibilities of the Board of Directors are clearly outlined in Section 4(2) of the *State Corporations (Performance Contracting ) Regulations 2004,*subject of course to the State Corporations Act and any other statutes and they include inter alia*, the power to: **

“…(b) recruit staff including the chief executive of the state corporation;

(c) develop and negotiate with the parent Ministry performance targets for the state corporation for a specified financial year;

(f) enter into and implement performance contracts with the chief executive of the state corporation;

(h) perform any other duties that may be deemed necessary or expedient for the implementation of the performance contracts.”*

Although there is no specific power granted to the Board to dismiss/not renew contracts of CEO’s either in the State Corporations Act or in the Kenya Information and Communications Act, there is a rule of interpretation of statutes that says that grant of a specific power necessarily implies that it also has the power to do the converse and therefore it is implied that the power of the Board to hire includes the power to fire.’

The general principle is that it is not within the power of the Minister to reinstate, recruit of dismiss the CEO.

*Personal liability of Board members *

Section 15 of the Kenya Information and Communications Act is clear that Board members and officers of the commission shall not be subject to personal liability for acts done in good faith for the purpose of executing their functions, powers or duties of the CCK under the Act.

So there is no reason for the Minister to report any of the Board Members to KACC for alleged improper conduct when they were acting in good faith and in the exercise of their functions for the CCK under the Act. In any case the procedure to remove or discipline a Board Member is clearly outlined in *Section 11 of the *State* Corporations (Performance Contracting) Regulations 2004 :*

*“Subject to the provisions of any **other Act*<http://www.kenyalaw.org/kenyalaw/klr_app/view_cap.php?CapID=3> *, the Minister may, in consultation with the committee, and based on results of evaluation, remove a Director of a state corporation whose performance is unsatisfactory.”*

And more specifically *at Section 2(b) of the First Schedule to the Kenya Information and Communications Act :*

* *

*“2. A member other than the chairman or an ex-officio member may – *

* *

* (b) be removed from office by the Minister if the member - *

*(i) has been absent from three consecutive meetings of the Board without the permission from chairman; or*

*(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or*

*(iii) is convicted of an offence involving dishonesty or fraud; or*

*(iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or*

*(v) is incapacitated by prolonged physical or mental illness; or*

*(vi) fails to comply with the provisions of this Act relating to disclosure;*

*(vii) is engaged in a communications organization which operates on telecommunication system or provides telecommunication services or is engaged in the manufacture or distribution of telecommunication equipment in Kenya as an owner, shareholder, partner or otherwise, whether directly or indirectly.”*

Also, the idea of approcahing the Court of Appeal sitting as the Supreme Court to seek an advisory opinion is a waste of time.An advisory opinion is just that ..it has no binding effect plus.the CIC is already before the court seeking an advisory opinion on the appointment of persons to state offices,so its better to wait for the outcome of that.

everyone is right that as the appointment has not been gazetted,it cannot be said to have been done,but the minister will probably back-date the appointment in the gazette notice as he did with the members of the Communications Appeals Tribunal.

Once Gazettment is done,the best way to approach the court is by way of judicial review.

On Wed, Apr 20, 2011 at 8:00 AM, Walubengo J <jwalu@yahoo.com> wrote:

...

It seems this saga refuses to die... ~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order.

However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted.

more @ *http://tinyurl.com/3cddk4h*

walu.

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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.

_______________________________________________ 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/kamothonjenga%40gmail.c...

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.

We are running away from the actual problem. Legal quotations will not help for none of us has the power to make an actionable judgement on this issue. Placing a legal lens on a political problem will not produce the required result. A political problem must be confronted by a political political solution. Dialougue btw the different parties is the way to go and the good thing is that the "periphery" players can force the "center" players into this dialogue. Peace be among you. KW ________________________________ From: Kerubo Ombati <kaykerubo@gmail.com> To: jwkabinga@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wed, 20 April, 2011 12:12:57 Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali hey listers, First, I think the Government circular on appointment of CEO's to parastatals is quite clear on the process of appointments of CEO’s and it is evident that the Minister has contravened the regulations.   As far as the statutes go, this is the position:   Powers of the Board of Directors in appointments   The powers and responsibilities of the Board of Directors are clearly outlined in Section 4(2) of the  State Corporations (Performance Contracting ) Regulations 2004,subject of course to the State Corporations Act and any other statutes and they include inter alia, the power to: “…(b) recruit staff including the chief executive of the state corporation; (c) develop and negotiate with the parent Ministry performance targets for the state corporation for a specified financial year; (f) enter into and implement performance contracts with the chief executive of the state corporation; (h) perform any other duties that may be deemed necessary or expedient for the implementation of the performance contracts.”   Although there is no specific power granted to the Board to dismiss/not renew contracts of CEO’s either in the State Corporations Act or in the Kenya Information and Communications Act, there is a rule of interpretation of statutes that says that grant of a specific power necessarily implies that it also has the power to do the converse and therefore it is implied that the power of the Board to hire includes the power to fire.’   The general principle is that it is not within the power of the Minister to reinstate, recruit of dismiss the CEO.   Personal liability of Board members   Section 15 of the Kenya Information and Communications Act is clear that Board members and officers of the commission shall not be subject to personal liability for acts done in good faith for the purpose of executing their functions, powers or duties of the CCK under the Act.   So there is no reason for the Minister to report any of the Board Members to KACC for alleged improper conduct when they were acting in good faith and in the exercise of their functions for the CCK under the Act. In any case the procedure to remove or discipline a Board Member is clearly outlined in Section 11 of the StateCorporations (Performance Contracting) Regulations 2004 : “Subject to the provisions of any other Act, the Minister may, in consultation with the committee, and based on results of evaluation, remove a Director of a state corporation whose performance is unsatisfactory.”  And more specifically at Section 2(b)   of the First Schedule to the Kenya Information and Communications Act :   “2. A member other than the chairman or an ex-officio member may –    (b) be removed from office by the Minister if the member - (i) has been absent from three consecutive meetings of the Board without the permission from chairman; or (ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or (iii) is convicted of an offence involving dishonesty or fraud; or (iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or (v) is incapacitated by prolonged physical or mental illness; or (vi) fails to comply with the provisions of this Act relating to disclosure; (vii) is engaged in a communications organization which operates on telecommunication system or provides telecommunication services or is engaged in the manufacture or distribution of telecommunication equipment in Kenya as an owner, shareholder, partner or otherwise, whether directly or indirectly.” Also, the idea of approcahing the Court of Appeal sitting as the Supreme Court to seek an advisory opinion is a waste of time.An advisory opinion is just that ..it has no binding effect plus.the CIC is already before the court seeking an advisory opinion on the appointment of persons to state offices,so its better to wait for the outcome of that. everyone is right that as the appointment has not been gazetted,it cannot be said to have been done,but the minister will probably back-date the appointment in the gazette notice as he did with the members of the Communications Appeals Tribunal. Once Gazettment is done,the best way to approach the court is by way of judicial review. On Wed, Apr 20, 2011 at 8:00 AM, Walubengo J <jwalu@yahoo.com> wrote: It seems this saga refuses to die...

~~~ The Star Tuesday, 19 April 2011 00:04 BY DAVID MAKALI

A little over a week ago, Information and Communications minister Samuel Poghisio called a press conference to announce that he had revoked the suspension of the director general of the Communications Commission of Kenya.“For the avoidance of doubt, I wish to state that Charles Njoroge remains in office and that as the appointing authority I will proceed to renew his contract in line with the law,” he stated.

The minister’s intervention may have seemed timely and proper. Given the infighting that had become the order of the day at the CCK between the board of directors (or some) and the director-general, some form of external intervention was necessary to establish order. However, questions still linger over what exactly the minister did, if it was legal, and if it is in the interest of the general telecommunications sector and the public in general. At the time of this writing, his re-appointment or otherwise had not been gazetted. more @ http://tinyurl.com/3cddk4h

walu.

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Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kaykerubo%40gmail.com

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.