Mr Githo - first my obeisances. My issue is lies not in the law but whether, inherent in the (extant) law are flaws. I too eek the truth of the matter, In an earlier post I asked what merits the change of guard... On 20/04/2011, Macharia Gaitho <mgaitho@ke.nationmedia.com> wrote:

Many of us are missing the point. The issue is not the performance or rating of the DG, but whether any minister has the legal right to ignore or overrule a board on appointments and other decisions. There have also been suggestions that in this case the Board was wrong or it was influences by external forces. I wish the evidence could be brought forth.

From: kictanet-bounces+mgaitho=nation.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mgaitho=nation.co.ke@lists.kictanet.or.ke] On Behalf Of Francis.Hook@gmail.com Sent: Wednesday, April 20, 2011 2:45 PM To: Macharia Gaitho Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Poghisio Flouting The Law in The CCK Tussle-by DMakali

Thank you. Thank you for seeing the forest for the trees,

On , Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:

...

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

Regards, Jotham

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

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

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

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

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

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

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

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

cheers

Muriuki Mureithi

Consultant Member Society of Telecommunications Consultants

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

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

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

It seems this saga refuses to die...

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

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

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

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

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

walu.

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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