Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages
my comments... 1. It's unfortunate this incident (conflict at ministerial, board and management @ CCK) is happening when Kenya is set to host the Global IGF event (with the Regulator really as the leading convenor). If we can clean our house before this impacts negatively on the IGF the better for everyone. 2. The roles of the Minister, the Board and Mngt are clearly spelt out in the Communication Act 1998, 2009. Yes, the Minister appoints and can renew the mandate of the Director General. But this is "expected" to be from the Advice of the Board, whose Chairman is appointed by the President. So in terms of Governance structures there is some sense of cross-checking of each others powers. 3. Though not explicit in the two communication Acts of 1998 and 2009, the current practice in most Kenyan State corporations assume that the Board will shortlist 3candidates and ask the Minister to chose one qualifying candidate for appointment. Indeed this is how the current and the previous DGs of CCK have been hired (maybe guided by another law e.g. State Corporation Act? Some legal mind could confirm). 4. Can the Minister appoint a DG without the Boards input - legally, due to the non-explicit statement in the act on the same, it looks like yes he can. But then it begs the question, why then has the Board been interviewing candidates for the Job? Why then have performance evaluations. 5. Finally, but without the benefit of the board proceedings, I would imagine the ruling by the Board not to renew the DGs contract as being quite exceptional rather than the norm. We all know many "under performing" public officers still enjoying their offices...from purely an observers view, am not quite convinced the DGs performance really warrants the sack. And neither am I convinced that the Minister's intervention does solve the problem and we shall therefore all live happily there after. walu. --- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai@gmail.com> wrote: From: Eng. Wainaina Mungai <wainaina.mungai@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 7:25 PM The rain started beating us at *Performance Appraisal* so..... Was the appraisal fairly done or was the Board biased all-along? re; "Reports have been rife that Mr Poghisio had threatened to dissolve the board should a review from SCAC show that due process was not followed in evaluating the Director General’s performance and hence the hasty move by the Okundi-led team." Eng. Wainaina On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick@gmail.com> wrote:
A Segment on the captial FM news site
On 7 April 2011 18:36, McTim <dogwallah@gmail.com> wrote:
On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
I agree there should be independence. At the moment, one always wonders how the board was constituted? how they came to their decision? how they decision can be defended? who protects public interest in the Board? if
consumers (or anyone for that matter) is unhappy with the board decision, who can they turn to? Is that why there was Ministerial intervention?.....It would help if there was clarity on these matters.
Alice seats on the board.Maybe some light on how the board is formed?
Indeed, not sure we will get that though!
I find it ironic that when I read the Nation, there is an
advertising supplement in it, touting CCKs new Charter, ISO certification and all the fabulous things it did in 2010, then I sit down at my PC and find that the DG of the CCK has either:
A: gone on leave B: gone for good C: will be keeping his job
"I am informed that following an altercation that occurred during a technical committee meeting of the board this week pitting the DG and of the
board members, the chairman of the board unilaterally and without consultation with my office decided to order Mr Njoroge to proceed on leave," explained the minister and declared the decision null and void.
depending on whom one chooses to believe. I suggest we let the dust settle so we can see clearly before we make any judgements.
One thing is clear however, independence and greater transparency
(i.e. publicly available transcripts of Board meetings) would be a start.
-- Cheers,
McTim "A name indicates what we seek. An address indicates where it is. A
route indicates how we get there." Jon Postel
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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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From where I am seated and without other knowledge other than what I have read in this discussion it sounds like the left does not know what the right is doing and therefore leaving the center high and dry.
1. It sounds like the board has identified a candidate that they would like to hire as DG and are using the new constitution as cover in doing a midnight run around. 2. The Minister on the side, living in the pre new Constitution days, feels slighted and decides to act with the old powers. 3. Hence the situation we find ourselves in. When the last DG left, I remember there was some rumbling re: the appointment of Njoroge as DG. I believe those people who felt slighted are hitting back. This confusion is being caused by a constitution that attempts to make everyone happy - this is a practical impossibility. It is my humble opinion that the simpler the law we live by the better. Simple questions that come to mind: 1.Why does the Chairman of CCK need to be appointed by the President? 2. Why does the DG get appointed by the Chairman or its it CCK board? 3. Who appoints the board? 4. And does the minister have to approve the appointment? 5. And why does he have power to fire these guys? Why can't this be simplified? This is my editorialized 2 cents. Joe On 4/7/11, Walubengo J <jwalu@yahoo.com> wrote:
my comments...
1. It's unfortunate this incident (conflict at ministerial, board and management @ CCK) is happening when Kenya is set to host the Global IGF event (with the Regulator really as the leading convenor). If we can clean our house before this impacts negatively on the IGF the better for everyone.
2. The roles of the Minister, the Board and Mngt are clearly spelt out in the Communication Act 1998, 2009. Yes, the Minister appoints and can renew the mandate of the Director General. But this is "expected" to be from the Advice of the Board, whose Chairman is appointed by the President. So in terms of Governance structures there is some sense of cross-checking of each others powers.
3. Though not explicit in the two communication Acts of 1998 and 2009, the current practice in most Kenyan State corporations assume that the Board will shortlist 3candidates and ask the Minister to chose one qualifying candidate for appointment. Indeed this is how the current and the previous DGs of CCK have been hired (maybe guided by another law e.g. State Corporation Act? Some legal mind could confirm).
4. Can the Minister appoint a DG without the Boards input - legally, due to the non-explicit statement in the act on the same, it looks like yes he can. But then it begs the question, why then has the Board been interviewing candidates for the Job? Why then have performance evaluations.
5. Finally, but without the benefit of the board proceedings, I would imagine the ruling by the Board not to renew the DGs contract as being quite exceptional rather than the norm. We all know many "under performing" public officers still enjoying their offices...from purely an observers view, am not quite convinced the DGs performance really warrants the sack. And neither am I convinced that the Minister's intervention does solve the problem and we shall therefore all live happily there after.
walu.
--- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai@gmail.com> wrote:
From: Eng. Wainaina Mungai <wainaina.mungai@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 7:25 PM
The rain started beating us at *Performance Appraisal* so..... Was the appraisal fairly done or was the Board biased all-along? re; "Reports have been rife that Mr Poghisio had threatened to dissolve the board should a review from SCAC show that due process was not followed in evaluating the Director General’s performance and hence the hasty move by the Okundi-led team."
Eng. Wainaina
On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick@gmail.com> wrote:
A Segment on the captial FM news site
On 7 April 2011 18:36, McTim <dogwallah@gmail.com> wrote:
On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
I agree there should be independence. At the moment, one always wonders how the board was constituted? how they came to their decision? how they decision can be defended? who protects public interest in the Board? if
consumers (or anyone for that matter) is unhappy with the board decision, who can they turn to? Is that why there was Ministerial intervention?.....It would help if there was clarity on these matters.
Alice seats on the board.Maybe some light on how the board is formed?
Indeed, not sure we will get that though!
I find it ironic that when I read the Nation, there is an
advertising supplement in it, touting CCKs new Charter, ISO certification and all the fabulous things it did in 2010, then I sit down at my PC and find that the DG of the CCK has either:
A: gone on leave B: gone for good C: will be keeping his job
"I am informed that following an altercation that occurred during a technical committee meeting of the board this week pitting the DG and of the
board members, the chairman of the board unilaterally and without consultation with my office decided to order Mr Njoroge to proceed on leave," explained the minister and declared the decision null and void.
depending on whom one chooses to believe. I suggest we let the dust settle so we can see clearly before we make any judgements.
One thing is clear however, independence and greater transparency
(i.e. publicly available transcripts of Board meetings) would be a start.
-- Cheers,
McTim "A name indicates what we seek. An address indicates where it is. A
route indicates how we get there." Jon Postel
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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.
-- James M. Muendo
P.O Box 28016 - 00200, Nairobi. Mobile: +254725567508 skype:tim.rick | Twitter: Mmuendo | gtalk: timrick
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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.
Hi, I believe there is someone (legal mind?) in this list who can shed light on this unfortunate development at CCK. Otherwise the grapevine takes over with half truths as well as politics rather than the law reigning. Or could it be a strategy to "muddy the waters" so much for DG Njoroge that people (well meaning and otherwise) will start telling him he should refuse the contract renewal to save his reputation because it is now tainted (remember the 4 Kibaki appointees recently!)? Regards, Jotham --- On Thu, 4/7/11, Joseph Manthi <jmanthi@gmail.com> wrote: From: Joseph Manthi <jmanthi@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 11:52 AM
From where I am seated and without other knowledge other than what I have read in this discussion it sounds like the left does not know what the right is doing and therefore leaving the center high and dry.
1. It sounds like the board has identified a candidate that they would like to hire as DG and are using the new constitution as cover in doing a midnight run around. 2. The Minister on the side, living in the pre new Constitution days, feels slighted and decides to act with the old powers. 3. Hence the situation we find ourselves in. When the last DG left, I remember there was some rumbling re: the appointment of Njoroge as DG. I believe those people who felt slighted are hitting back. This confusion is being caused by a constitution that attempts to make everyone happy - this is a practical impossibility. It is my humble opinion that the simpler the law we live by the better. Simple questions that come to mind: 1.Why does the Chairman of CCK need to be appointed by the President? 2. Why does the DG get appointed by the Chairman or its it CCK board? 3. Who appoints the board? 4. And does the minister have to approve the appointment? 5. And why does he have power to fire these guys? Why can't this be simplified? This is my editorialized 2 cents. Joe On 4/7/11, Walubengo J <jwalu@yahoo.com> wrote:
my comments...
1. It's unfortunate this incident (conflict at ministerial, board and management @ CCK) is happening when Kenya is set to host the Global IGF event (with the Regulator really as the leading convenor). If we can clean our house before this impacts negatively on the IGF the better for everyone.
2. The roles of the Minister, the Board and Mngt are clearly spelt out in the Communication Act 1998, 2009. Yes, the Minister appoints and can renew the mandate of the Director General. But this is "expected" to be from the Advice of the Board, whose Chairman is appointed by the President. So in terms of Governance structures there is some sense of cross-checking of each others powers.
3. Though not explicit in the two communication Acts of 1998 and 2009, the current practice in most Kenyan State corporations assume that the Board will shortlist 3candidates and ask the Minister to chose one qualifying candidate for appointment. Indeed this is how the current and the previous DGs of CCK have been hired (maybe guided by another law e.g. State Corporation Act? Some legal mind could confirm).
4. Can the Minister appoint a DG without the Boards input - legally, due to the non-explicit statement in the act on the same, it looks like yes he can. But then it begs the question, why then has the Board been interviewing candidates for the Job? Why then have performance evaluations.
5. Finally, but without the benefit of the board proceedings, I would imagine the ruling by the Board not to renew the DGs contract as being quite exceptional rather than the norm. We all know many "under performing" public officers still enjoying their offices...from purely an observers view, am not quite convinced the DGs performance really warrants the sack. And neither am I convinced that the Minister's intervention does solve the problem and we shall therefore all live happily there after.
walu.
--- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai@gmail.com> wrote:
From: Eng. Wainaina Mungai <wainaina.mungai@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 7:25 PM
The rain started beating us at *Performance Appraisal* so..... Was the appraisal fairly done or was the Board biased all-along? re; "Reports have been rife that Mr Poghisio had threatened to dissolve the board should a review from SCAC show that due process was not followed in evaluating the Director General’s performance and hence the hasty move by the Okundi-led team."
Eng. Wainaina
On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick@gmail.com> wrote:
A Segment on the captial FM news site
On 7 April 2011 18:36, McTim <dogwallah@gmail.com> wrote:
On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
I agree there should be independence. At the moment, one always wonders how the board was constituted? how they came to their decision? how they decision can be defended? who protects public interest in the Board? if
consumers (or anyone for that matter) is unhappy with the board decision, who can they turn to? Is that why there was Ministerial intervention?.....It would help if there was clarity on these matters.
Alice seats on the board.Maybe some light on how the board is formed?
Indeed, not sure we will get that though!
I find it ironic that when I read the Nation, there is an
advertising supplement in it, touting CCKs new Charter, ISO certification and all the fabulous things it did in 2010, then I sit down at my PC and find that the DG of the CCK has either:
A: gone on leave B: gone for good C: will be keeping his job
"I am informed that following an altercation that occurred during a technical committee meeting of the board this week pitting the DG and of the
board members, the chairman of the board unilaterally and without consultation with my office decided to order Mr Njoroge to proceed on leave," explained the minister and declared the decision null and void.
depending on whom one chooses to believe. I suggest we let the dust settle so we can see clearly before we make any judgements.
One thing is clear however, independence and greater transparency
(i.e. publicly available transcripts of Board meetings) would be a start.
-- Cheers,
McTim "A name indicates what we seek. An address indicates where it is. A
route indicates how we get there." Jon Postel
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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.
-- James M. Muendo
P.O Box 28016 - 00200, Nairobi. Mobile: +254725567508 skype:tim.rick | Twitter: Mmuendo | gtalk: timrick
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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.
-----Inline Attachment Follows-----
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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/jokilimo%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.
In an earlier thread I had hoped to spark debate on this issue but everyone kept mum. I believe the concerns I raised then still hold true.
From the responses I have seen to this thread so far, two things are immediately apparent:
1 - CCK needs to be independent 2 - For it to be seen as independent, its board's decisions must be very transparent. Inherent in these issues I think the problem lies. Personally I see more good thats been done in the last 2-3 years. Rgds F On 8 April 2011 07:34, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:
Hi,
I believe there is someone (legal mind?) in this list who can shed light on this unfortunate development at CCK. Otherwise the grapevine takes over with half truths as well as politics rather than the law reigning. Or could it be a strategy to "muddy the waters" so much for DG Njoroge that people (well meaning and otherwise) will start telling him he should refuse the contract renewal to save his reputation because it is now tainted (remember the 4 Kibaki appointees recently!)?
Regards, Jotham
--- On *Thu, 4/7/11, Joseph Manthi <jmanthi@gmail.com>* wrote:
From: Joseph Manthi <jmanthi@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 11:52 AM
From where I am seated and without other knowledge other than what I have read in this discussion it sounds like the left does not know what the right is doing and therefore leaving the center high and dry.
1. It sounds like the board has identified a candidate that they would like to hire as DG and are using the new constitution as cover in doing a midnight run around.
2. The Minister on the side, living in the pre new Constitution days, feels slighted and decides to act with the old powers.
3. Hence the situation we find ourselves in.
When the last DG left, I remember there was some rumbling re: the appointment of Njoroge as DG. I believe those people who felt slighted are hitting back.
This confusion is being caused by a constitution that attempts to make everyone happy - this is a practical impossibility. It is my humble opinion that the simpler the law we live by the better. Simple questions that come to mind:
1.Why does the Chairman of CCK need to be appointed by the President? 2. Why does the DG get appointed by the Chairman or its it CCK board? 3. Who appoints the board? 4. And does the minister have to approve the appointment? 5. And why does he have power to fire these guys?
Why can't this be simplified?
This is my editorialized 2 cents.
Joe
my comments...
1. It's unfortunate this incident (conflict at ministerial, board and management @ CCK) is happening when Kenya is set to host the Global IGF event (with the Regulator really as the leading convenor). If we can clean our house before this impacts negatively on the IGF the better for everyone.
2. The roles of the Minister, the Board and Mngt are clearly spelt out in the Communication Act 1998, 2009. Yes, the Minister appoints and can renew the mandate of the Director General. But this is "expected" to be from
Advice of the Board, whose Chairman is appointed by the President. So in terms of Governance structures there is some sense of cross-checking of each others powers.
3. Though not explicit in the two communication Acts of 1998 and 2009,
current practice in most Kenyan State corporations assume that the Board will shortlist 3candidates and ask the Minister to chose one qualifying candidate for appointment. Indeed this is how the current and the
DGs of CCK have been hired (maybe guided by another law e.g. State Corporation Act? Some legal mind could confirm).
4. Can the Minister appoint a DG without the Boards input - legally, due to the non-explicit statement in the act on the same, it looks like yes he can. But then it begs the question, why then has the Board been interviewing candidates for the Job? Why then have performance evaluations.
5. Finally, but without the benefit of the board proceedings, I would imagine the ruling by the Board not to renew the DGs contract as being quite exceptional rather than the norm. We all know many "under performing"
On 4/7/11, Walubengo J <jwalu@yahoo.com<http://us.mc366.mail.yahoo.com/mc/compose?to=jwalu@yahoo.com>> wrote: the the previous public
officers still enjoying their offices...from purely an observers view, am not quite convinced the DGs performance really warrants the sack. And neither am I convinced that the Minister's intervention does solve the problem and we shall therefore all live happily there after.
walu.
--- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=wainaina.mungai@gmail.com>> wrote:
From: Eng. Wainaina Mungai <wainaina.mungai@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=wainaina.mungai@gmail.com>
Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jwalu@yahoo.com<http://us.mc366.mail.yahoo.com/mc/compose?to=jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke<http://us.mc366.mail.yahoo.com/mc/compose?to=kictanet@lists.kictanet.or.ke>
Date: Thursday, April 7, 2011, 7:25 PM
The rain started beating us at *Performance Appraisal* so..... Was the appraisal fairly done or was the Board biased all-along? re; "Reports have been rife that Mr Poghisio had threatened to dissolve the board should a review from SCAC show that due process was not followed in evaluating the Director General’s performance and hence the hasty move by the Okundi-led team."
Eng. Wainaina
On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=timrick@gmail.com>> wrote:
A Segment on the captial FM news site
On 7 April 2011 18:36, McTim <dogwallah@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=dogwallah@gmail.com>>
wrote:
On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu) <nmutungu@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=nmutungu@gmail.com>>
wrote:
I agree there should be independence. At the moment, one always
wonders
how the board was constituted? how they came to their decision? how they decision can be defended? who protects public interest in the Board? if
consumers (or anyone for that matter) is unhappy with the board decision, who can they turn to? Is that why there was Ministerial intervention?.....It would help if there was clarity on these matters.
Alice seats on the board.Maybe some light on how the board is formed?
Indeed, not sure we will get that though!
I find it ironic that when I read the Nation, there is an
advertising supplement in it, touting CCKs new Charter, ISO certification and all the fabulous things it did in 2010, then I sit down at my PC and find that the DG of the CCK has either:
A: gone on leave B: gone for good C: will be keeping his job
"I am informed that following an altercation that occurred during a technical committee meeting of the board this week pitting the DG and of the
board members, the chairman of the board unilaterally and without consultation with my office decided to order Mr Njoroge to proceed on leave," explained the minister and declared the decision null and void.
depending on whom one chooses to believe. I suggest we let the dust settle so we can see clearly before we make any judgements.
One thing is clear however, independence and greater transparency
(i.e. publicly available transcripts of Board meetings) would be a start.
-- Cheers,
McTim "A name indicates what we seek. An address indicates where it is. A
route indicates how we get there." Jon Postel
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sector in support of the national aim of ICT enabled growth and development.
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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.
-- Francis Hook +254 733 504561
http://www.nation.co.ke/business/news/Board+loses+its+bid+to+kick+out+CCK+di... <http://www.nation.co.ke/business/news/Board+loses+its+bid+to+kick+out+CCK+director+/-/1006/1140522/-/3dooakz/-/index.html>This is not funny, we play games even where they should not be played don't we have policies and procedures (institutional mechanisms) of sorting out such issues, must the operation of key institutions be dependent on individuals?, will the people concerned including our honorable minister stop this side shows and resolve the issue amicably, this is shamefull to say the least. Best Regards On Fri, Apr 8, 2011 at 8:38 AM, Francis Hook <francis.hook@gmail.com> wrote:
In an earlier thread I had hoped to spark debate on this issue but everyone kept mum. I believe the concerns I raised then still hold true. From the responses I have seen to this thread so far, two things are immediately apparent:
1 - CCK needs to be independent 2 - For it to be seen as independent, its board's decisions must be very transparent.
Inherent in these issues I think the problem lies. Personally I see more good thats been done in the last 2-3 years.
Rgds F
On 8 April 2011 07:34, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:
Hi,
I believe there is someone (legal mind?) in this list who can shed light on this unfortunate development at CCK. Otherwise the grapevine takes over with half truths as well as politics rather than the law reigning. Or could it be a strategy to "muddy the waters" so much for DG Njoroge that people (well meaning and otherwise) will start telling him he should refuse the contract renewal to save his reputation because it is now tainted (remember the 4 Kibaki appointees recently!)?
Regards, Jotham
--- On *Thu, 4/7/11, Joseph Manthi <jmanthi@gmail.com>* wrote:
From: Joseph Manthi <jmanthi@gmail.com> Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, April 7, 2011, 11:52 AM
From where I am seated and without other knowledge other than what I have read in this discussion it sounds like the left does not know what the right is doing and therefore leaving the center high and dry.
1. It sounds like the board has identified a candidate that they would like to hire as DG and are using the new constitution as cover in doing a midnight run around.
2. The Minister on the side, living in the pre new Constitution days, feels slighted and decides to act with the old powers.
3. Hence the situation we find ourselves in.
When the last DG left, I remember there was some rumbling re: the appointment of Njoroge as DG. I believe those people who felt slighted are hitting back.
This confusion is being caused by a constitution that attempts to make everyone happy - this is a practical impossibility. It is my humble opinion that the simpler the law we live by the better. Simple questions that come to mind:
1.Why does the Chairman of CCK need to be appointed by the President? 2. Why does the DG get appointed by the Chairman or its it CCK board? 3. Who appoints the board? 4. And does the minister have to approve the appointment? 5. And why does he have power to fire these guys?
Why can't this be simplified?
This is my editorialized 2 cents.
Joe
my comments...
1. It's unfortunate this incident (conflict at ministerial, board and management @ CCK) is happening when Kenya is set to host the Global IGF event (with the Regulator really as the leading convenor). If we can clean our house before this impacts negatively on the IGF the better for everyone.
2. The roles of the Minister, the Board and Mngt are clearly spelt out in the Communication Act 1998, 2009. Yes, the Minister appoints and can renew the mandate of the Director General. But this is "expected" to be from
Advice of the Board, whose Chairman is appointed by the President. So in terms of Governance structures there is some sense of cross-checking of each others powers.
3. Though not explicit in the two communication Acts of 1998 and 2009,
current practice in most Kenyan State corporations assume that the Board will shortlist 3candidates and ask the Minister to chose one qualifying candidate for appointment. Indeed this is how the current and the
DGs of CCK have been hired (maybe guided by another law e.g. State Corporation Act? Some legal mind could confirm).
4. Can the Minister appoint a DG without the Boards input - legally, due to the non-explicit statement in the act on the same, it looks like yes he can. But then it begs the question, why then has the Board been interviewing candidates for the Job? Why then have performance evaluations.
5. Finally, but without the benefit of the board proceedings, I would imagine the ruling by the Board not to renew the DGs contract as being quite exceptional rather than the norm. We all know many "under performing"
officers still enjoying their offices...from purely an observers view, am not quite convinced the DGs performance really warrants the sack. And neither am I convinced that the Minister's intervention does solve the problem and we shall therefore all live happily there after.
walu.
--- On Thu, 4/7/11, Eng. Wainaina Mungai <wainaina.mungai@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=wainaina.mungai@gmail.com>> wrote:
From: Eng. Wainaina Mungai <wainaina.mungai@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=wainaina.mungai@gmail.com>
Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages To: jwalu@yahoo.com<http://us.mc366.mail.yahoo.com/mc/compose?to=jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke<http://us.mc366.mail.yahoo.com/mc/compose?to=kictanet@lists.kictanet.or.ke>
Date: Thursday, April 7, 2011, 7:25 PM
The rain started beating us at *Performance Appraisal* so..... Was the appraisal fairly done or was the Board biased all-along? re; "Reports have been rife that Mr Poghisio had threatened to dissolve the board should a review from SCAC show that due process was not followed in evaluating the Director General’s performance and hence the hasty move by the Okundi-led team."
Eng. Wainaina
On Thu, Apr 7, 2011 at 6:56 PM, James Muendo <timrick@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=timrick@gmail.com>> wrote:
A Segment on the captial FM news site
On 7 April 2011 18:36, McTim <dogwallah@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=dogwallah@gmail.com>>
wrote:
On Thu, Apr 7, 2011 at 3:30 PM, Grace Mutung'u (Bomu) <nmutungu@gmail.com<http://us.mc366.mail.yahoo.com/mc/compose?to=nmutungu@gmail.com>>
wrote:
I agree there should be independence. At the moment, one always
wonders
how the board was constituted? how they came to their decision? how they decision can be defended? who protects public interest in the Board? if
consumers (or anyone for that matter) is unhappy with the board decision, who can they turn to? Is that why there was Ministerial intervention?.....It would help if there was clarity on these matters.
Alice seats on the board.Maybe some light on how the board is formed?
Indeed, not sure we will get that though!
I find it ironic that when I read the Nation, there is an
advertising supplement in it, touting CCKs new Charter, ISO certification and all the fabulous things it did in 2010, then I sit down at my PC and find that the DG of the CCK has either:
A: gone on leave B: gone for good C: will be keeping his job
"I am informed that following an altercation that occurred during a technical committee meeting of the board this week pitting the DG and of the
board members, the chairman of the board unilaterally and without consultation with my office decided to order Mr Njoroge to proceed on leave," explained the minister and declared the decision null and void.
depending on whom one chooses to believe. I suggest we let the dust settle so we can see clearly before we make any judgements.
One thing is clear however, independence and greater transparency
(i.e. publicly available transcripts of Board meetings) would be a start.
-- Cheers,
McTim "A name indicates what we seek. An address indicates where it is. A
route indicates how we get there." Jon Postel
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On 4/7/11, Walubengo J <jwalu@yahoo.com<http://us.mc366.mail.yahoo.com/mc/compose?to=jwalu@yahoo.com>> wrote: the the previous public 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.
-- James M. Muendo
P.O Box 28016 - 00200, Nairobi. Mobile: +254725567508 skype:tim.rick | Twitter: Mmuendo | gtalk: timrick
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sector in support of the national aim of ICT enabled growth and development.
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-- 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
Time will come when board Chairmen will not be affiliated to politics. A time when both the Chairmen and Ministers will not be accountable to their parties and communities in terms of what the did for them when they were in position of authority.For now it will be naive of anyone of us to portend that he/she is not aware of how boards are named and the expectation thereafter. What we are seeing today is expected of a coalition or any other government that does not embrace accountability and transparency in its operations.. Its unfortunate that a technical community like KICTAnet has to be subject to a political game. I am persuaded that we will continue to see such political problems (ICDC and KEBS going through the same hardly three months after the appointment of the new minister) that will only be sorted out politically until our new Constitution is fully implemented. The question should be how long Kenyans would have to wait until this happens...and do we close shops, eyes, ears etc...until this happens? Calling a spade by its name...A SPADE and not A BIG SPOON and accepting that we have problems (some of which are historical) among us that needs to be fixed is the only WAY FORWARD for this country. I get very disturbed when I see technical colleagues juggling with the acts and deeds of politicians...That is why I have chosen to be a TECHNICAL POLITICIAN politician to tackle things from all corners to give Kenya my best. Josphat ________________________________ From: Barrack Otieno <otieno.barrack@gmail.com> To: jwkabinga@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Fri, 8 April, 2011 9:49:33 Subject: Re: [kictanet] [ke-internetusers] Re: CCK boss sent on leave as row rages http://www.nation.co.ke/business/news/Board+loses+its+bid+to+kick+out+CCK+di... This is not funny, we play games even where they should not be played don't we have policies and procedures (institutional mechanisms) of sorting out such issues, must the operation of key institutions be dependent on individuals?, will the people concerned including our honorable minister stop this side shows and resolve the issue amicably, this is shamefull to say the least. Best Regards
participants (6)
-
Barrack Otieno -
Francis Hook -
Joseph Manthi -
Josphat Kabinga -
Jotham Kilimo Mwale -
Walubengo J