Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership
Trouble in paradise? ICT has become too political nowadays....yukk On Mon, Sep 2, 2013 at 3:02 PM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
A row is simmering in the Ministry of Information, Communication and Technology<http://www.standardmedia.co.ke/?searchtext=Ministry%20of%20Information,%20Communication%20and%20Technology&searchbutton=SEARCH> over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta<http://www.standardmedia.co.ke/?searchtext=Uhuru%20Kenyatta&searchbutton=SEARCH> on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH>A) gives the ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH> Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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+1 On Sep 3, 2013, at 8:56 AM, Brian Munyao Longwe <blongwe@gmail.com> wrote:
Trouble in paradise?
ICT has become too political nowadays....yukk
On Mon, Sep 2, 2013 at 3:02 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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@Brian, Alice, ICT is big business. Big business cannot happen without politics. And incidentally politics is NOT bad (yukk) because that is how we decide who governs and how to share public resources. Perhaps it is "the politician" who is yukk :-) Anyway, I have googled for this Legal Notice No.183 of 2013 on the Kenya ICT Authority but getting close at http://www.kenyalaw.org/ but not quite nailing it. Anyone who can serve it clean on a PDF? walu. ________________________________ From: Alice Munyua <alice@dotafrica.org> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>; "isoc@orion.my.co.ke" <isoc@orion.my.co.ke> Sent: Tuesday, September 3, 2013 9:58 AM Subject: Re: [kictanet] [ISOC_KE] Row simmers over order on new Information, Communication and Technology leadership +1 On Sep 3, 2013, at 8:56 AM, Brian Munyao Longwe <blongwe@gmail.com> wrote: Trouble in paradise?
ICT has become too political nowadays....yukk
On Mon, Sep 2, 2013 at 3:02 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ isoc mailing list isoc@orion.my.co.ke http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc
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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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? RgdsGG Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
@GG - am not too good in french? what do you mean by >>it gives the CS carte blanche? I have also skimmed through and it is true first CEO for the ICT Authority will serve at the pleasure of Dr. Matiangi, the Cabinet Secretary. Subsequent ones will serves at the pleasure of the Board. In both cases ofcourse the candidates must meet the usual constitutional requirments for integrity, etc. The beef ofcourse remains - why make the special exemption for the first CEO? Essentially, Bobby (Yawe), Omutatah, Steve Mutoro et al. can go to court and claim they were denied an opportunity to be the CEO because the board did not advertise and go through the motions of shortlisting and interviewing..read "discrimination". Not sure why that exemption was sought since in my opinion it is not necessary given that as a Cabinet Secretary I can still get my "man" or "woman" as CEO - even if I have to use the board. It is usually done by simply appointing the correct board in place...perhaps someone did not brief the new CS how this game is best played in government with minimum collateral damage :-) walu. ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Tuesday, September 3, 2013 12:13 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? Rgds GG ________________________________ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
:) "complete freedom to act..". Read the appointment process of the board and the first CEO Date: Tue, 3 Sep 2013 02:33:09 -0700 From: jwalu@yahoo.com Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke @GG - am not too good in french? what do you mean by >>it gives the CS carte blanche? I have also skimmed through and it is true first CEO for the ICT Authority will serve at the pleasure of Dr. Matiangi, the Cabinet Secretary. Subsequent ones will serves at the pleasure of the Board. In both cases ofcourse the candidates must meet the usual constitutional requirments for integrity, etc. The beef ofcourse remains - why make the special exemption for the first CEO? Essentially, Bobby (Yawe), Omutatah, Steve Mutoro et al. can go to court and claim they were denied an opportunity to be the CEO because the board did not advertise and go through the motions of shortlisting and interviewing..read "discrimination". Not sure why that exemption was sought since in my opinion it is not necessary given that as a Cabinet Secretary I can still get my "man" or "woman" as CEO - even if I have to use the board. It is usually done by simply appointing the correct board in place...perhaps someone did not brief the new CS how this game is best played in government with minimum collateral damage :-) walu. From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Tuesday, September 3, 2013 12:13 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? RgdsGG Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
I do hope the CS makes the right choice. Has the authority board been appointed? Anyone who know? Who is in the membership? On Tue, Sep 3, 2013 at 12:33 PM, Walubengo J <jwalu@yahoo.com> wrote:
@GG - am not too good in french? what do you mean by >>it gives the CS carte blanche?
I have also skimmed through and it is true first CEO for the ICT Authority will serve at the pleasure of Dr. Matiangi, the Cabinet Secretary. Subsequent ones will serves at the pleasure of the Board. In both cases ofcourse the candidates must meet the usual constitutional requirments for integrity, etc.
The beef ofcourse remains - why make the special exemption for the first CEO? Essentially, Bobby (Yawe), Omutatah, Steve Mutoro et al. can go to court and claim they were denied an opportunity to be the CEO because the board did not advertise and go through the motions of shortlisting and interviewing..read "discrimination".
Not sure why that exemption was sought since in my opinion it is not necessary given that as a Cabinet Secretary I can still get my "man" or "woman" as CEO - even if I have to use the board. It is usually done by simply appointing the correct board in place...perhaps someone did not brief the new CS how this game is best played in government with minimum collateral damage :-)
walu.
------------------------------ *From:* Grace Githaiga <ggithaiga@hotmail.com> *To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Tuesday, September 3, 2013 12:13 PM
*Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
------------------------------ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
------------------------------ *From:* Grace Githaiga <ggithaiga@hotmail.com> *To:* robertyawe@yahoo.co.uk *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Monday, 2 September 2013, 15:02 *Subject:* [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology<http://www.standardmedia.co.ke/?searchtext=Ministry%20of%20Information%2c%20Communication%20and%20Technology&searchbutton=SEARCH> over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta<http://www.standardmedia.co.ke/?searchtext=Uhuru%20Kenyatta&searchbutton=SEARCH> on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH>A) gives the ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH> Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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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.
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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.
-- Muthoni My Blog: http://rugongo.blogspot.com/ -------------------------------------------- Mahatma Gandhi once said:- First they ignore you, Then they laugh at you, Then they fight you, AND THEN YOU WIN!!!
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007) From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000 Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? RgdsGG Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
The differences between page and screen go beyond the simple tactile pleasures of good paper stock. To the human mind, a sequence of pages bound together into a physical object is very different from a flat screen that displays only a single “page” of information at a time. The physical presence of the printed pages, and the ability to flip back and forth through them, turns out to be important to the mind’s ability to navigate written works, particularly lengthy and complicated ones. We quickly develop a mental map of the contents of a printed text, as if its argument or story were a voyage unfolding through space. If you’ve ever picked up a book that you read long ago and discovered that your hands were able to locate a particular passage quickly, you’ve experienced this phenomenon. When we hold a physical publication in our hands, we also hold its contents in our mind. ….. We were probably mistaken to think of words on screens as substitutes for words on paper. They seem to be different things, suited to different kinds of reading and providing different sorts of aesthetic and intellectual experiences. Some readers may continue to prefer print, others may develop a particular taste for the digital, and still others may happily switch back and forth between the two. This year in the U.S., some 2 billion books and 350 million magazines will roll off the presses. Something tells me Cai Lun isn’t turning in his grave just yet. Read more here … http://nautil.us/issue/4/the-unlikely/paper-versus-pixel
James Listers, It seems correct ,so far, that print and digital experiences are complementary. For example,often there are errors easily seen on paper but not on screen and vice versa. The extent of this complementality may require research over time to determine if it is constant or changing over time. John Kariuki ________________________________ From: James Kulubi <jkulubi@yahoo.co.uk> To: ngethe.kariuki2007@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, 4 September 2013, 22:23 Subject: [kictanet] KINDLE/IPAD/LAPTOP OR PRINTED BOOKS – IT IS A CHOICE THAT IS HERE TO STAY The differences between page and screen go beyond the simple tactile pleasures of good paper stock. To the human mind, a sequence of pages bound together into a physical object is very different from a flat screen that displays only a single “page” of information at a time. The physical presence of the printed pages, and the ability to flip back and forth through them, turns out to be important to the mind’s ability to navigate written works, particularly lengthy and complicated ones. We quickly develop a mental map of the contents of a printed text, as if its argument or story were a voyage unfolding through space. If you’ve ever picked up a book that you read long ago and discovered that your hands were able to locate a particular passage quickly, you’ve experienced this phenomenon. When we hold a physical publication in our hands, we also hold its contents in our mind. ….. We were probably mistaken to think of words on screens as substitutes for words on paper. They seem to be different things, suited to different kinds of reading and providing different sorts of aesthetic and intellectual experiences. Some readers may continue to prefer print, others may develop a particular taste for the digital, and still others may happily switch back and forth between the two. This year in the U.S., some 2 billion books and 350 million magazines will roll off the presses. Something tells me Cai Lun isn’t turning in his grave just yet. Read more here … http://nautil.us/issue/4/the-unlikely/paper-versus-pixel _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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.
@GG I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010). This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate. For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice. What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board. The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years. walu. ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership @ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007) ________________________________ From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000 Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? Rgds GG ________________________________ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
Thanks Walu. Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... . I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts. May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh! RgdsGG Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke @GG I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010). This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate. For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice. What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board. The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years. walu. From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership @ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007) From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000 Thanks Loise for sharing the legal notice. @ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos). @ Brian, Walu, and Alice I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments? RgdsGG Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Hi, There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment. Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board. http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
Listers, What happened to the hookup, to discuss some of these issues and forge a united front. Judy On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
------------------------------ Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
------------------------------ *From:* Grace Githaiga <ggithaiga@hotmail.com> *To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Wednesday, September 4, 2013 2:41 PM *Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
------------------------------ From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
------------------------------ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
------------------------------ *From:* Grace Githaiga <ggithaiga@hotmail.com> *To:* robertyawe@yahoo.co.uk *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Monday, 2 September 2013, 15:02 *Subject:* [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology<http://www.standardmedia.co.ke/?searchtext=Ministry%20of%20Information%2c%20Communication%20and%20Technology&searchbutton=SEARCH> over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta<http://www.standardmedia.co.ke/?searchtext=Uhuru%20Kenyatta&searchbutton=SEARCH> on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH>A) gives the ICT<http://www.standardmedia.co.ke/?searchtext=ICT&searchbutton=SEARCH> Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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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.
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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.
Listers Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition. In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA. The CS may need to look at constituting a new board though. I say let the new team move with expediency and judge it by the results. Regards Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers, What happened to the hookup, to discuss some of these issues and forge a united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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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.
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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.
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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.
What happened to the hookup, to discuss some of these issues and forge a united front. Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
________________________________ Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries
could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
________________________________ From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
________________________________ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable
Hussein, Listers, An illegal expediency,for whatever reason, is null and void since, if challenged, no court will uphold it. And for public servants, that is a nightmare! John Kariuki ________________________________ From: Ali Hussein <ali@hussein.me.ke> To: ngethe.kariuki2007@yahoo.co.uk Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Thursday, 5 September 2013, 17:12 Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Listers Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition. In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA. The CS may need to look at constituting a new board though. I say let the new team move with expediency and judge it by the results. Regards Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote: Listers, past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://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.
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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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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 happened to the hookup, to discuss some of these issues and forge a united front. Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
________________________________ Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries
could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
________________________________ From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
________________________________ Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable
True that - the famous phrase described this situation as "the end does NOT justify the means". Meaning that even if your final objectives are noble, you cannot employ "illegal" means to achieve it - unless you are the US Gov ofcourse :-) walu. ________________________________ From: John Kariuki <ngethe.kariuki2007@yahoo.co.uk> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Thursday, September 5, 2013 6:07 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Hussein, Listers, An illegal expediency,for whatever reason, is null and void since, if challenged, no court will uphold it. And for public servants, that is a nightmare! John Kariuki ________________________________ From: Ali Hussein <ali@hussein.me.ke> To: ngethe.kariuki2007@yahoo.co.uk Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Thursday, 5 September 2013, 17:12 Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Listers Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition. In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA. The CS may need to look at constituting a new board though. I say let the new team move with expediency and judge it by the results. Regards Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote: Listers, past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
http://www.standardmedia.co.ke/?articleID=2000092541&story_title=row-simmers-over-order-on-new-icta-leadership _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://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.
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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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo? I feel there is something members want to say but are being held back by diplomacy. Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers, What happened to the hookup, to discuss some of these issues and forge a united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/judym.muli%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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
@Kivuva You are quite right. @Walu, I believe the correct phrase is 'The end justifies the means'. :) @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers, What happened to the hookup, to discuss some of these issues and forge a united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/judym.muli%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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
________________________________ Ali Hussein <ali@hussein.me.ke>wrote, @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination) Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void. Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination. We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-) walu. ________________________________ From: Ali Hussein <ali@hussein.me.ke> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 6:27 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership @Kivuva You are quite right. @Walu, I believe the correct phrase is 'The end justifies the means'. :) @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote: Because we know who is being targeted for this position, and we know
his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today
cannot do stuff his predecessors used to do over a game of golf/beer/etc.
And so it would be the case for the Kenya ICT Authority - one cannot just
borrow a previous clause and paste it into a new, bigger and different
institution. ICT Authority (2013) is miles apart from ICT board (2007)
in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an
"administratively" limited ministerial scope -that is why other
Ministries could afford to ignore them. Today the ICT Authority is an
animal with sweeping powers that cut across Ministries and govt agencies.
The CEO appointment therefore requires and is indeed given a more
rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this
rigorous approach? My unsolicited advise would be for the CS to ignore
the clause, advertise the job (open it up for everyone) - and still get
(his?) the right man/woman for the job. After all, he has or can create
the required "magnanimity" (opposite of Tyranny :-) of the numbers in
the Board.
The other route is vulnerable to too much and unnecessary litigation that
may cripple the ICT Authority for years before it gets started. E.g
Someone can file a suit to determine whether the contentious clause goes
against the constitutional provision for non-discrimination. While the
suit is being determined ICT Authority will remain crippled/handicapped
for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com>
To: jwalu@yahoo.com
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, September 4, 2013 2:41 PM
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
@ Walu,
For comparison purposes, see legal notice legal Notice 26 of 2007
http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA
INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com
To: robertyawe@yahoo.co.uk
CC: kictanet@lists.kictanet.or.ke
Subject: RE: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need
to be subjected to public scrutiny:) (On a light note, it is a pity since
I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT
Authority appointments (both board and first CEO) it actually gives the
CS carte blanche. There may not be a row after all! Maybe some mischief
at the drafting process of the notice which ensured that it ignored
article 10 of the constitution which lays emphasis on consulting in
policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds
GG
Date: Tue, 3 Sep 2013 09:58:31 +0100
From: robertyawe@yahoo.co.uk
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through
hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Monday, 2 September 2013, 15:02
Subject: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and
Technology over a law that gives the Cabinet secretary power to make
unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the
reorganisation of government that establishes the Information and
Communications Technology Authority ( ICTA) gives the ICT Cabinet
Secretary power to appoint the CEO of the authority without involving the
board.
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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
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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.
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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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%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.
Point noted Walu. Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd +254 713 601113/ 0770 906375 "The future belongs to him who knows how to wait." - Russian Proverb Sent from my iPad On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
Ali Hussein <ali@hussein.me.ke> wrote, @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. From: Ali Hussein <ali@hussein.me.ke> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 6:27 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is 'The end justifies the means'. :)
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers, What happened to the hookup, to discuss some of these issues and forge a united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
The constitution is very clear; public participation is not optional. Any other legal instrument in conflict to the law is null and void to that extent, as Hussein has pointed out! Hence the law must be followed to the letter. This is good for the appointee and everybody else. Best Regards, Davis M Onsakia "One doesn't discover new lands without consenting to lose sight of the shore for a very long time." On 6 September 2013 09:42, Ali Hussein <ali@hussein.me.ke> wrote:
Point noted Walu.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **Ali Hussein <ali@hussein.me.ke> wrote, @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke> *To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM *Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is '*The end justifies the means'. :)*
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mautidavis%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.
Listers, The Ag. CEO for the animal ICTA its only three years;, after which, one of the Listers will be in line to be interviewed and take to the helm (hoping) 'as John D. Rockefeller, Jr. put it "*'I believe that the law was made for man and not man for the law; that government is the servant of the people and not their master. "* 'as Leo Tolstoy put it- "*Writing laws is easy, but governing is difficult *." 'as Walter Savage Landor said "" *Many laws as certainly make bad men, as bad men make many laws*." Reagrds Judy -- On Fri, Sep 6, 2013 at 10:00 AM, Davis Onsakia <mautidavis@gmail.com> wrote:
The constitution is very clear; public participation is not optional. Any other legal instrument in conflict to the law is null and void to that extent, as Hussein has pointed out!
Hence the law must be followed to the letter. This is good for the appointee and everybody else.
Best Regards, Davis M Onsakia "One doesn't discover new lands without consenting to lose sight of the shore for a very long time."
On 6 September 2013 09:42, Ali Hussein <ali@hussein.me.ke> wrote:
Point noted Walu.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **Ali Hussein <ali@hussein.me.ke> wrote, @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke> *To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM *Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is '*The end justifies the means'. :) *
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mautidavis%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.
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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 Davis, All The new Constitution of Kenya, 2010 came at a very high price. Kenya@50 has been a long and bloody walk for many unsung heroes(ines) most of whom didnt live to tell the story. As we sit behind our laptops and/or our smart phones to share our pleasure and/or pain with those who break the law with impunity, including fellow listers, it is fair not to perpetuate the sin of omission. We cannot be or allow ourselves to be bystanders and/or complain for a week and shut up simply because we want to look good and/or are queuing for favours from those in authority. I, therefore, commend you most sincerely among a few others for standing up. The irony is that most of us here are very passionate about ICT but not about governance of ICT institutions. You might not be aware but Cofek wrote to H.E the President on May 16 asking, among other issues, for an amalgamation of ICT public bodies. We shouldn't be silent if the eventuality is what we have at ICTA. I understand why it is safe to do so in the interim but it is wrong and painful long-term. If you get in a good man at ICTA (as I am told the preferred fellow is) in a rogue manner dressed up in full impunity colours and oduor, why would he not become rogue? Why would he not apply the same rule in handpicking top management? Why would a CS, PS be appointed by H.E the President and a CEO of a parastatal is also appointed that way? What would be the role of a BoD appointed by a CS? Talking of a CS and PS, for instance on ICT, what is the boundary on their roles and responsibilities? Has it been clarified? If yes, how many of us know - especially when a number of CS have literally become accounting officers to their Ministries? It is for this reason that I would urge all of you, including my friends the ICT CS and the PS, to support our forthcoming case against flouting of various provisions of the CoK and especially Art. 232 on values and principles of public service in the purported unilateral appointment of ICTA boss vide a statutory legislation which need to be declared unconstitutional - for attempting to circumvent the supremacy of the Constitution of Kenya, 2010. Given the nature of the case, we will be giving the Attorney General and CIC 30 days to put their act together or meet Cofek at the corridors of justice. Finally, if we are patriots as I guess most of us are, let us do something and/or everything possible to make the ICT and overall Kenyan consumer happy. I would, for instance, be grateful to know the impact of VAT Act, 2013 on the ICT sector. I spent the better part of Friday evening with Treasury CS on mitigation measures to be applied to get a reprieve to the consumer. From 7 am tomorrow, I will again be at The National Treasury to follow up the discussion. VAT Act was well intended but its drastic application and impact thereof were under-estimated even with our red flag to the Parliament Committee on Finance, Trade and Planning. I am therefore appealing to you, friends, to support a more structured, focused and impactful consumer protection movement in Kenya. Cofek and I are ready to learn from you - by hosting those of you in a special half-day forum to discuss ICT sector and consumer protection at a mutually suitable date you are free to suggest. Kind regards, Stephen Mutoro www.cofek.co.ke ________________________________ From: Davis Onsakia <mautidavis@gmail.com> To: smutoro@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 10:00 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership The constitution is very clear; public participation is not optional. Any other legal instrument in conflict to the law is null and void to that extent, as Hussein has pointed out! Hence the law must be followed to the letter. This is good for the appointee and everybody else. Best Regards, Davis M Onsakia "One doesn't discover new lands without consenting to lose sight of the shore for a very long time." On 6 September 2013 09:42, Ali Hussein <ali@hussein.me.ke> wrote: Point noted Walu.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
________________________________ Ali Hussein <ali@hussein.me.ke>wrote, @John, that's just it...it's not illegal..it may be challenged in court
but it seems that the executive is acting within the confines of the law.
~~~~~~~
The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu.
________________________________ From: Ali Hussein <ali@hussein.me.ke> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 6:27 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is 'The end justifies the means'. :)
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know
his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mautidavis%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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/smutoro%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.
Hi Stephen ,Listers, Just to echo agreement with a few words in your last paragragh " to support a more structured, focused and impactful consumer protection movement in Kenya." John Kariuki. ________________________________ From: stephen Mutoro <smutoro@yahoo.com> To: ngethe.kariuki2007@yahoo.co.uk Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>; "margaret@cofek.co.ke" <margaret@cofek.co.ke> Sent: Sunday, 15 September 2013, 18:05 Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Hi Davis, All The new Constitution of Kenya, 2010 came at a very high price. Kenya@50 has been a long and bloody walk for many unsung heroes(ines) most of whom didnt live to tell the story. As we sit behind our laptops and/or our smart phones to share our pleasure and/or pain with those who break the law with impunity, including fellow listers, it is fair not to perpetuate the sin of omission. We cannot be or allow ourselves to be bystanders and/or complain for a week and shut up simply because we want to look good and/or are queuing for favours from those in authority. I, therefore, commend you most sincerely among a few others for standing up. The irony is that most of us here are very passionate about ICT but not about governance of ICT institutions. You might not be aware but Cofek wrote to H.E the President on May 16 asking, among other issues, for an amalgamation of ICT public bodies. We shouldn't be silent if the eventuality is what we have at ICTA. I understand why it is safe to do so in the interim but it is wrong and painful long-term. If you get in a good man at ICTA (as I am told the preferred fellow is) in a rogue manner dressed up in full impunity colours and oduor, why would he not become rogue? Why would he not apply the same rule in handpicking top management? Why would a CS, PS be appointed by H.E the President and a CEO of a parastatal is also appointed that way? What would be the role of a BoD appointed by a CS? Talking of a CS and PS, for instance on ICT, what is the boundary on their roles and responsibilities? Has it been clarified? If yes, how many of us know - especially when a number of CS have literally become accounting officers to their Ministries? It is for this reason that I would urge all of you, including my friends the ICT CS and the PS, to support our forthcoming case against flouting of various provisions of the CoK and especially Art. 232 on values and principles of public service in the purported unilateral appointment of ICTA boss vide a statutory legislation which need to be declared unconstitutional - for attempting to circumvent the supremacy of the Constitution of Kenya, 2010. Given the nature of the case, we will be giving the Attorney General and CIC 30 days to put their act together or meet Cofek at the corridors of justice. Finally, if we are patriots as I guess most of us are, let us do something and/or everything possible to make the ICT and overall Kenyan consumer happy. I would, for instance, be grateful to know the impact of VAT Act, 2013 on the ICT sector. I spent the better part of Friday evening with Treasury CS on mitigation measures to be applied to get a reprieve to the consumer. From 7 am tomorrow, I will again be at The National Treasury to follow up the discussion. VAT Act was well intended but its drastic application and impact thereof were under-estimated even with our red flag to the Parliament Committee on Finance, Trade and Planning. I am therefore appealing to you, friends, to support a more structured, focused and impactful consumer protection movement in Kenya. Cofek and I are ready to learn from you - by hosting those of you in a special half-day forum to discuss ICT sector and consumer protection at a mutually suitable date you are free to suggest. Kind regards, Stephen Mutoro www.cofek.co.ke ________________________________ From: Davis Onsakia <mautidavis@gmail.com> To: smutoro@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 10:00 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership The constitution is very clear; public participation is not optional. Any other legal instrument in conflict to the law is null and void to that extent, as Hussein has pointed out! Hence the law must be followed to the letter. This is good for the appointee and everybody else. Best Regards, Davis M Onsakia "One doesn't discover new lands without consenting to lose sight of the shore for a very long time." On 6 September 2013 09:42, Ali Hussein <ali@hussein.me.ke> wrote: Point noted Walu.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
________________________________ Ali Hussein <ali@hussein.me.ke>wrote, @John, that's just it...it's not illegal..it may be challenged in court
but it seems that the executive is acting within the confines of the law.
~~~~~~~
The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu.
________________________________ From: Ali Hussein <ali@hussein.me.ke> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Friday, September 6, 2013 6:27 AM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is 'The end justifies the means'. :)
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know
his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mautidavis%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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/smutoro%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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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.
Some questions: Do we blame the KICTA for failed IT Projects to automate manual processes used to demand bribes? If the EACC does not investigate organizational leaders and mid level officials who kill IT Projects should we blame the KICTA? What power and guidelines does the KICTA have to audit if Heads of Ministries and State Corporations are practically supporting IT Projects? How do we penalize procurement officials who/committees which consistently favor firms which do not prioritize or develop local talent? Have been told our procurement laws are designed to favor foreign firms and firms which can pay bigger bribes. Murigi / Stanley Muraya *"Better a patient person than a warrior, one with self-control than one who takes a city." Prov 16:32* On Sun, Sep 15, 2013 at 6:05 PM, stephen Mutoro <smutoro@yahoo.com> wrote:
Hi Davis, All
The new Constitution of Kenya, 2010 came at a very high price. Kenya@50has been a long and bloody walk for many unsung heroes(ines) most of whom didnt live to tell the story. As we sit behind our laptops and/or our smart phones to share our pleasure and/or pain with those who break the law with impunity, including fellow listers, it is fair not to perpetuate the sin of omission. We cannot be or allow ourselves to be bystanders and/or complain for a week and shut up simply because we want to look good and/or are queuing for favours from those in authority. I, therefore, commend you most sincerely among a few others for standing up.
The irony is that most of us here are very passionate about ICT but not about governance of ICT institutions. You might not be aware but Cofek wrote to H.E the President on May 16 asking, among other issues, for an amalgamation of ICT public bodies. We shouldn't be silent if the eventuality is what we have at ICTA. I understand why it is safe to do so in the interim but it is wrong and painful long-term. If you get in a good man at ICTA (as I am told the preferred fellow is) in a rogue manner dressed up in full impunity colours and oduor, why would he not become rogue? Why would he not apply the same rule in handpicking top management? Why would a CS, PS be appointed by H.E the President and a CEO of a parastatal is also appointed that way? What would be the role of a BoD appointed by a CS? Talking of a CS and PS, for instance on ICT, what is the boundary on their roles and responsibilities? Has it been clarified? If yes, how many of us know - especially when a number of CS have literally become accounting officers to their Ministries?
It is for this reason that I would urge all of you, including my friends the ICT CS and the PS, to support our forthcoming case against flouting of various provisions of the CoK and especially Art. 232 on values and principles of public service in the purported unilateral appointment of ICTA boss vide a statutory legislation which need to be declared unconstitutional - for attempting to circumvent the supremacy of the Constitution of Kenya, 2010. Given the nature of the case, we will be giving the Attorney General and CIC 30 days to put their act together or meet Cofek at the corridors of justice.
Finally, if we are patriots as I guess most of us are, let us do something and/or everything possible to make the ICT and overall Kenyan consumer happy. I would, for instance, be grateful to know the impact of VAT Act, 2013 on the ICT sector. I spent the better part of Friday evening with Treasury CS on mitigation measures to be applied to get a reprieve to the consumer. From 7 am tomorrow, I will again be at The National Treasury to follow up the discussion. VAT Act was well intended but its drastic application and impact thereof were under-estimated even with our red flag to the Parliament Committee on Finance, Trade and Planning. I am therefore appealing to you, friends, to support a more structured, focused and impactful consumer protection movement in Kenya. Cofek and I are ready to learn from you - by hosting those of you in a special half-day forum to discuss ICT sector and consumer protection at a mutually suitable date you are free to suggest.
Kind regards,
Stephen Mutoro www.cofek.co.ke
------------------------------ *From:* Davis Onsakia <mautidavis@gmail.com> *To:* smutoro@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 10:00 AM
*Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
The constitution is very clear; public participation is not optional. Any other legal instrument in conflict to the law is null and void to that extent, as Hussein has pointed out!
Hence the law must be followed to the letter. This is good for the appointee and everybody else.
Best Regards, Davis M Onsakia "One doesn't discover new lands without consenting to lose sight of the shore for a very long time."
On 6 September 2013 09:42, Ali Hussein <ali@hussein.me.ke> wrote:
Point noted Walu.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 6, 2013, at 9:12 AM, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **Ali Hussein <ali@hussein.me.ke> wrote, @John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke> *To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM *Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is '*The end justifies the means'. :)*
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mautidavis%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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/smutoro%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 https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/murigi.muraya%40gmail....
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.
Mr. Walubengo, in broad daylight you are advocating we do a kangaroo shortlisting, interview, and appointment. :) Why would anybody want to participate in the process with the end result already known? ______________________ Mwendwa Kivuva twitter.com/lordmwesh google ID | Skype ID: lordmwesh On 6 September 2013 09:12, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **Ali Hussein <ali@hussein.me.ke> wrote,
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke>
*To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM
*Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is '*The end justifies the means'. :)*
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today
cannot do stuff his predecessors used to do over a game of golf/beer/etc.
And so it would be the case for the Kenya ICT Authority - one cannot just
borrow a previous clause and paste it into a new, bigger and different
institution. ICT Authority (2013) is miles apart from ICT board (2007)
in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an
"administratively" limited ministerial scope -that is why other
Ministries could afford to ignore them. Today the ICT Authority is an
animal with sweeping powers that cut across Ministries and govt agencies.
The CEO appointment therefore requires and is indeed given a more
rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this
rigorous approach? My unsolicited advise would be for the CS to ignore
the clause, advertise the job (open it up for everyone) - and still get
(his?) the right man/woman for the job. After all, he has or can create
the required "magnanimity" (opposite of Tyranny :-) of the numbers in
the Board.
The other route is vulnerable to too much and unnecessary litigation that
may cripple the ICT Authority for years before it gets started. E.g
Someone can file a suit to determine whether the contentious clause goes
against the constitutional provision for non-discrimination. While the
suit is being determined ICT Authority will remain crippled/handicapped
for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com>
To: jwalu@yahoo.com
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, September 4, 2013 2:41 PM
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
@ Walu,
For comparison purposes, see legal notice legal Notice 26 of 2007
http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA
INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com
To: robertyawe@yahoo.co.uk
CC: kictanet@lists.kictanet.or.ke
Subject: RE: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need
to be subjected to public scrutiny:) (On a light note, it is a pity since
I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT
Authority appointments (both board and first CEO) it actually gives the
CS carte blanche. There may not be a row after all! Maybe some mischief
at the drafting process of the notice which ensured that it ignored
article 10 of the constitution which lays emphasis on consulting in
policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds
GG
Date: Tue, 3 Sep 2013 09:58:31 +0100
From: robertyawe@yahoo.co.uk
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through
hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Monday, 2 September 2013, 15:02
Subject: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and
Technology over a law that gives the Cabinet secretary power to make
unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the
reorganisation of government that establishes the Information and
Communications Technology Authority ( ICTA) gives the ICT Cabinet
Secretary power to appoint the CEO of the authority without involving the
board.
_______________________________________________
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kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at
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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.
_______________________________________________
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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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https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://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.
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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.
Interesting to note that in this whole discussion no one seems to mention/consider that ICTA is an amalgamation of KICT Board, Department of e-Government and the Government Information Technology Services (GITS). If continuity is the focus, aren't the heads of any of the other agencies/departments also potential candidates? Best regards, Mblayo On Fri, Sep 6, 2013 at 3:10 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Mr. Walubengo, in broad daylight you are advocating we do a kangaroo shortlisting, interview, and appointment. :)
Why would anybody want to participate in the process with the end result already known?
______________________ Mwendwa Kivuva twitter.com/lordmwesh google ID | Skype ID: lordmwesh
On 6 September 2013 09:12, Walubengo J <jwalu@yahoo.com> wrote:
------------------------------ **Ali Hussein <ali@hussein.me.ke> wrote,
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law. ~~~~~~~ The unilateral appointment would indeed be "legal" as it is enshrined in the Legal notice. However, the clever lawyers would not be challenging the appointment (since it would be legal), but they would be challenging whether it is constitutional to "legalize" such an action of appointing without inviting other Kenyans to apply...(discrimination)
Remember that the constitution is the supreme law and any other law(Act, Legal Notice, Regulation, etc) that is contradictory to it is null and void. Am not a lawyer but I think that is where the court battle would be about. In the likely event that the courts find that the legal notice is in violation of the constitution, then by extension the appointment becomes null and void.
Problem is that this would take time and meanwhile whoever is appointed is likely to have his/her hands tied up and cannot transact ICT Authority business. Thats why I said, why bother with the risks? Just advertise the job, go through the motions and safely arrive at the same destination.
We did this successfully for our Cabinet Sec and PS, I still dont understand why it should become difficult for a CEO :-)
walu. ------------------------------ *From:* Ali Hussein <ali@hussein.me.ke>
*To:* jwalu@yahoo.com *Cc:* "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> *Sent:* Friday, September 6, 2013 6:27 AM
*Subject:* Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@Kivuva
You are quite right.
@Walu, I believe the correct phrase is '*The end justifies the means'. :) *
@John, that's just it...it's not illegal..it may be challenged in court but it seems that the executive is acting within the confines of the law.
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 10:49 PM, Kivuva <Kivuva@transworldafrica.com> wrote:
Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo?
I feel there is something members want to say but are being held back by diplomacy.
Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution
On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional
memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He
has the expertise, experience, qualifications and the political savvy ness
to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein
CEO | 3mice interactive media Ltd
Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers,
What happened to the hookup, to discuss some of these issues and forge a
united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary
litigation (read unnecessary negative publicity). Cofek already posted
the article on its site and you never know if it is considering following
up on the matter.
http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec...
.
I agree with you on the need to advertise this job and still get the
"right man/woman" for it. The CS should not allow the matter to be
determined by the courts.
May I suggest that you consider this topic for your Nation Blog next
week? This 2010 Constitution. Argh!
Rgds
GG
Date: Thu, 5 Sep 2013 03:12:47 -0700
From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of
the ICT Board was expected to be unilaterally selected by the Minister.
However, that was then(2006/7). Fast-forward to today (2013) - with the
notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today
cannot do stuff his predecessors used to do over a game of golf/beer/etc.
And so it would be the case for the Kenya ICT Authority - one cannot just
borrow a previous clause and paste it into a new, bigger and different
institution. ICT Authority (2013) is miles apart from ICT board (2007)
in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an
"administratively" limited ministerial scope -that is why other
Ministries could afford to ignore them. Today the ICT Authority is an
animal with sweeping powers that cut across Ministries and govt agencies.
The CEO appointment therefore requires and is indeed given a more
rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this
rigorous approach? My unsolicited advise would be for the CS to ignore
the clause, advertise the job (open it up for everyone) - and still get
(his?) the right man/woman for the job. After all, he has or can create
the required "magnanimity" (opposite of Tyranny :-) of the numbers in
the Board.
The other route is vulnerable to too much and unnecessary litigation that
may cripple the ICT Authority for years before it gets started. E.g
Someone can file a suit to determine whether the contentious clause goes
against the constitutional provision for non-discrimination. While the
suit is being determined ICT Authority will remain crippled/handicapped
for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com>
To: jwalu@yahoo.com
Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke>
Sent: Wednesday, September 4, 2013 2:41 PM
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
@ Walu,
For comparison purposes, see legal notice legal Notice 26 of 2007
http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA
INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com
To: robertyawe@yahoo.co.uk
CC: kictanet@lists.kictanet.or.ke
Subject: RE: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need
to be subjected to public scrutiny:) (On a light note, it is a pity since
I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT
Authority appointments (both board and first CEO) it actually gives the
CS carte blanche. There may not be a row after all! Maybe some mischief
at the drafting process of the notice which ensured that it ignored
article 10 of the constitution which lays emphasis on consulting in
policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds
GG
Date: Tue, 3 Sep 2013 09:58:31 +0100
From: robertyawe@yahoo.co.uk
Subject: Re: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
To: ggithaiga@hotmail.com
CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through
hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Monday, 2 September 2013, 15:02
Subject: [kictanet] Row simmers over order on new Information,
Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and
Technology over a law that gives the Cabinet secretary power to make
unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the
reorganisation of government that establishes the Information and
Communications Technology Authority ( ICTA) gives the ICT Cabinet
Secretary power to appoint the CEO of the authority without involving the
board.
_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.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.
_______________________________________________
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https://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.
_______________________________________________
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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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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.
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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.
Please see link on Konza and what the rest of the world is doing. http://www.economist.com/news/briefing/21585003-building-city-future-costly-... Ndemo.
Thank you Daktari Ndemo for sharing. We were worried you would get buried in books at the University of Nairobi and forget this important forum. A great point to not is " much-hyped “smart-from-the-start” cities are showing similarly scant signs of success ". Is there anybody with a status report of Konza? Regards On 11/09/2013, Bitange Ndemo <bitange@jambo.co.ke> wrote:
Please see link on Konza and what the rest of the world is doing.
http://www.economist.com/news/briefing/21585003-building-city-future-costly-...
Ndemo.
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-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know
My support goes for Dr. Victor Kyalo for the position . The CS may borrow from Kidero who in cooperated Mr Gakuo in his Executive because of his past service in city hall Jane ________________________________ From: Kivuva <Kivuva@transworldafrica.com> To: Jane Muriuki <nnfeischools@yahoo.com> Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Thursday, September 5, 2013 10:49 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Because we know who is being targeted for this position, and we know his attributes and leadership qualities, and we acknowledge this is just a onetime appointment, why don't we discuss the merits and de-merits of Dr. Victor Kyalo? I feel there is something members want to say but are being held back by diplomacy. Lets remember as it has been stated here previously, anybody holding this public office will still have to pass the test of LEADERSHIP and INTEGRITY as envisioned in the constitution On 05/09/2013, Ali Hussein <ali@hussein.me.ke> wrote:
Listers
Sometimes expediency requires that there is continuity and institutional memory carry over to allow for a smooth transition.
In this particular case the Ag.CEO provides an excellent reason for this. He has the expertise, experience, qualifications and the political savvy ness to navigate this new monster called the ICTA.
The CS may need to look at constituting a new board though.
I say let the new team move with expediency and judge it by the results.
Regards
Ali Hussein CEO | 3mice interactive media Ltd Principal | Telemedia Africa Ltd
+254 713 601113/ 0770 906375
"The future belongs to him who knows how to wait." - Russian Proverb
Sent from my iPad
On Sep 5, 2013, at 2:34 PM, "Judy M. Muli" <judym.muli@gmail.com> wrote:
Listers, What happened to the hookup, to discuss some of these issues and forge a united front.
Judy
On Thu, Sep 5, 2013 at 1:40 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Thanks Walu.
Great analysis. You are right about the need to avoid unnecessary litigation (read unnecessary negative publicity). Cofek already posted the article on its site and you never know if it is considering following up on the matter. http://www.cofek.co.ke/index.php/14-news/253-tired-talk-of-presidential-exec... .
I agree with you on the need to advertise this job and still get the "right man/woman" for it. The CS should not allow the matter to be determined by the courts.
May I suggest that you consider this topic for your Nation Blog next week? This 2010 Constitution. Argh!
Rgds GG
Date: Thu, 5 Sep 2013 03:12:47 -0700 From: jwalu@yahoo.com
Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
@GG
I see the comparison - and specifically the fact that the previous CEO of the ICT Board was expected to be unilaterally selected by the Minister. However, that was then(2006/7). Fast-forward to today (2013) - with the notable development of the new constitution (2010).
This thing (Constitution 2010) changed so much - even the President today cannot do stuff his predecessors used to do over a game of golf/beer/etc. And so it would be the case for the Kenya ICT Authority - one cannot just borrow a previous clause and paste it into a new, bigger and different institution. ICT Authority (2013) is miles apart from ICT board (2007) in form, nature, scope and mandate.
For example, ICT Board(2007) was an institution with an "administratively" limited ministerial scope -that is why other Ministries could afford to ignore them. Today the ICT Authority is an animal with sweeping powers that cut across Ministries and govt agencies. The CEO appointment therefore requires and is indeed given a more rigorous approach in the legal notice.
What raised the storm is why the need to exempt the 1st CEO from this rigorous approach? My unsolicited advise would be for the CS to ignore the clause, advertise the job (open it up for everyone) - and still get (his?) the right man/woman for the job. After all, he has or can create the required "magnanimity" (opposite of Tyranny :-) of the numbers in the Board.
The other route is vulnerable to too much and unnecessary litigation that may cripple the ICT Authority for years before it gets started. E.g Someone can file a suit to determine whether the contentious clause goes against the constitutional provision for non-discrimination. While the suit is being determined ICT Authority will remain crippled/handicapped for years.
walu.
From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Sent: Wednesday, September 4, 2013 2:41 PM Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
@ Walu, For comparison purposes, see legal notice legal Notice 26 of 2007 http://www.kenyalaw.org/klr/index.php?id=568 (STATE CORPORATION KENYA INFORMATION TECHNOLOGY BOARD 2007)
From: ggithaiga@hotmail.com To: robertyawe@yahoo.co.uk CC: kictanet@lists.kictanet.or.ke Subject: RE: [kictanet] Row simmers over order on new Information, Communication and Technology leadership Date: Tue, 3 Sep 2013 09:13:46 +0000
Thanks Loise for sharing the legal notice.
@ Yawe you are right. That is the nature of the notice. You do not need to be subjected to public scrutiny:) (On a light note, it is a pity since I would be interested to know your inside manenos).
@ Brian, Walu, and Alice
I have just skimmed through the notice and in matters of the ICT Authority appointments (both board and first CEO) it actually gives the CS carte blanche. There may not be a row after all! Maybe some mischief at the drafting process of the notice which ensured that it ignored article 10 of the constitution which lays emphasis on consulting in policy making processes. @ Kapiyo, @ Grace Bomu, what are your comments?
Rgds GG
Date: Tue, 3 Sep 2013 09:58:31 +0100 From: robertyawe@yahoo.co.uk Subject: Re: [kictanet] Row simmers over order on new Information, Communication and Technology leadership To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke
Hi,
There goes my opportunity to be appointed without having to jump through hoops that require me to answer questions from my questionable past.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696
From: Grace Githaiga <ggithaiga@hotmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Monday, 2 September 2013, 15:02 Subject: [kictanet] Row simmers over order on new Information, Communication and Technology leadership
A row is simmering in the Ministry of Information, Communication and Technology over a law that gives the Cabinet secretary power to make unilateral appointment.
Executive Order No. 2 of 2013 by President Uhuru Kenyatta on the reorganisation of government that establishes the Information and Communications Technology Authority ( ICTA) gives the ICT Cabinet Secretary power to appoint the CEO of the authority without involving the board.
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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.
-- ______________________ Mwendwa Kivuva twitter.com/lordmwesh kenya.or.ke | The Kenya we know _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/nnfeischools%40yahoo.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.
participants (16)
-
Ali Hussein
-
Alice Munyua
-
Bitange Ndemo
-
Brian Munyao Longwe
-
Davis Onsakia
-
Dorcas Muthoni
-
Grace Githaiga
-
James Kulubi
-
John Kariuki
-
Judy M. Muli
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Kivuva
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Network of non- formal Educational institutions
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robert yawe
-
S.M. Muraya
-
stephen Mutoro
-
Walubengo J