My input here is that I dont remember seeing a clause on when the CEO/DG of the Commission will (be) retired.  I think its prudent to put a limit to the CEO tenure just as it were for the Commissioners.  Otherwise, u will get the common situations where public officers leading corporations for more than 15yrs...the chap maybe good, but by all means there maybe more out there who are better and need to be given a chance . So just cap the DG term to 2terms of 4yrs each. walu. --- On Tue, 2/22/11, Catherine Adeya <elizaslider@yahoo.com> wrote: From: Catherine Adeya <elizaslider@yahoo.com> Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Tuesday, February 22, 2011, 1:16 PM Thanks Mike, this is very useful. Nyaki From: Mike Theuri <mike.theuri@gmail.com> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Tue, February 22, 2011 6:06:54 AM Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION 14(2) could have a number of approaches by complying with existing law or also adopting an internal policy or both: The Commission shall establish and adhere to an equal employment opportunity policy and/or shall comply with equal employment opportunity laws that prohibit among other practices, discrimination in the consideration of employment on the basis of colour, race, national or geographic origin, physical or mental handicap, gender, sex, ethnicity, religion, marital status, age for the purposes of employment. The Commission shall make reasonable accommodations for qualified staff members or employment candidates who may have a physical or mental handicap that would be a hindrance to job performance in the absence of these accommodations to allow them to carry out their respective employment duties. On Mon, Feb 21, 2011 at 8:45 PM, Catherine Adeya <elizaslider@yahoo.com> wrote: Dear Kictanet List Members, Muriuki, Walu, Matunda, GG, Barrack, Vitalis, Kerubo.....thank you for your contributions these last two days. I believe others are gearing up for this last week of discussions. Day 5 and 6 have had very similar summaries and as such I do not want to be repetitive. Therefore, I will keep this short. Today we begin the discussion on:   SECTION 14:  STAFF TO THE COMMISSION. 14(1)(a) The Commission shall appoint a Director-General. 14 (2) Shall appoint staff by ensuring equal opportunity employment practices and represents cross-section of population in Kenya Question: Your thoughts on this? Would you like to see more clarity on gender issues, people with disabilities etc. please clarify and elaborate. I look forward to reading your contributions. Best, Nyaki _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: mike.theuri@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/mike.theuri%40gmail.com -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com

Walu, So true...so true.... Nyaki ________________________________ From: Walubengo J <jwalu@yahoo.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wed, February 23, 2011 10:40:33 AM Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION Nyaki, finally read the doc :-) not that big 18pgs. As for appointing the DG. I believe it is assumed it will be an open, transparent and competitive process. But it does not hurt to put in writing. Being silent on the "how" the DG is appointed leaves too much room for appointing "the boys from the hood" (it rarely is the girls;-) walu. --- On Tue, 2/22/11, Catherine Adeya <elizaslider@yahoo.com> wrote:

From: Catherine Adeya <elizaslider@yahoo.com> Subject: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Tuesday, February 22, 2011, 4:45 AM

Dear Kictanet List Members,

Muriuki, Walu, Matunda, GG, Barrack, Vitalis, Kerubo.....thank you for your contributions these last two days. I believe others are gearing up for this last week of discussions. Day 5 and 6 have had very similar summaries and as such I do not want to be repetitive. Therefore, I will keep this short. Today we begin the discussion on:

SECTION 14: STAFF TO THE COMMISSION. 14(1)(a) The Commission shall appoint a Director-General. 14 (2) Shall appoint staff by ensuring equal opportunity employment practices and represents cross-section of population in Kenya Question: Your thoughts on this? Would you like to see more clarity on gender issues, people with disabilities etc. please clarify and elaborate.

I look forward to reading your contributions.

Best,

Nyaki

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Dear MM,   What you have raised here is a very pertinent “Corporate Governance” issue. What is being proposed is a definitely a deviation from the current structure. But what is needed is just to make it a bit more clear, how it is to function. Probably we just need to address ourselves to a few questions, for example: What will be the top management structure of ICCK like? Is there need to have a kind of Board to oversee the management of ICCK?  The roles of Commission Chairman and fellow Commissioners and the Director General and his/her team of fellow Directors (the Staff) should to be clearly definite and demarcated.  This should be clearly articulated in the Bill/Act to avoid any confusion.  If the commissioners are fulltime engaged in the daily running of ICCK, whether developing strategies or in whatever roles, then there could be conflict in roles with that of the DG, but only if the DG has a similar or same power of authority as the Commissioners.  The way the Draft Bill is at the moment, the role of the DG is being reduced to a lower level (not necessarily a line manager position), and the commissioners are to play the role of top management team of the organization. This will of course subdue the role of Director General, to a lower level as the DG will be reporting to the Commission Chairman and his/her team who will be responsible for the daily running of the ICCK affairs.  There could be a conflict of roles here; however the position of the DG is reduced, if the chairman of the Commission takes over the daily management functions of ICCK.  There could be a body to oversee the activities of the Commission whose role is not daily management of the ICCK. But on the other hand, this kind of a structure is what is to be abolished to give birth to a body with a teeth to bite; a body with authority to make decisions, without political and other forms of interference from the environment; an independent regulatory authority whose activities is governed and directed by the rule of the laws and the regulations, “not by a board of directors” with political lineages.      Regards   Vitalis ________________________________ From: muriuki mureithi <mureithi@summitstrategies.co.ke> To: volunga@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 24, 2011 3:01:51 PM Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION Hi Catherine   I have been struggling  about the power structure in the proposed ICCK and how to demarcate the spheres of influence to ensure  an efficient and effective ICCK and have problems   On one hand we have   commissioners appointed  who collectively have a wide range of expertise Section  5 (3)(b)(1)(ii ) – Is this how to refer to the sections -  and  are fulltime Sec 7 (6) . This suggest that they will be  literally in the ICCK premises and  it can be expected that  strategic  and policy activities  cannot  keep the commissioners busy  all the time. On the other hand is a full time  DG  Section 14(1)  who  ASSISTS the ICCK and under the direction and control  of the commission. Two issues -          The commissioners  are not busy enough as full time commissioners and will certainly go below the realm of the strategy and policy  and really reduce the power of  a DG to be  a chief operating officer. This is not desirable -          By not allowing the  DG to attend  the meetings of the commission it makes  it even more necessary for the commissioners to meddle into operational matters Suggestions State explicitly that the DG attends meetings of the ICCK as an ex-official member and  the role is  NOT assist but execute the decisions of the ICCK   Cheers     cheers   Muriuki Mureithi   The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything   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 Catherine Adeya Sent: 22 February 2011 04:46 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION   Dear Kictanet List Members,   Muriuki, Walu, Matunda, GG, Barrack, Vitalis, Kerubo.....thank you for your contributions these last two days. I believe others are gearing up for this last week of discussions. Day 5 and 6 have had very similar summaries and as such I do not want to be repetitive. Therefore, I will keep this short. Today we begin the discussion on:   SECTION 14:  STAFF TO THE COMMISSION. 14(1)(a) The Commission shall appoint a Director-General. 14 (2) Shall appoint staff by ensuring equal opportunity employment practices and represents cross-section of population in Kenya Question: Your thoughts on this? Would you like to see more clarity on gender issues, people with disabilities etc. please clarify and elaborate.   I look forward to reading your contributions.   Best,   Nyaki

Noted and your contributions are much appreciated. Nyaki ________________________________ From: muriuki mureithi <mureithi@summitstrategies.co.ke> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 24, 2011 3:01:51 PM Subject: Re: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION Hi Catherine I have been struggling about the power structure in the proposed ICCK and how to demarcate the spheres of influence to ensure an efficient and effective ICCK and have problems On one hand we have commissioners appointed who collectively have a wide range of expertise Section 5 (3)(b)(1)(ii ) – Is this how to refer to the sections - and are fulltime Sec 7 (6) . This suggest that they will be literally in the ICCK premises and it can be expected that strategic and policy activities cannot keep the commissioners busy all the time. On the other hand is a full time DG Section 14(1) who ASSISTS the ICCK and under the direction and control of the commission. Two issues - The commissioners are not busy enough as full time commissioners and will certainly go below the realm of the strategy and policy and really reduce the power of a DG to be a chief operating officer. This is not desirable - By not allowing the DG to attend the meetings of the commission it makes it even more necessary for the commissioners to meddle into operational matters Suggestions State explicitly that the DG attends meetings of the ICCK as an ex-official member and the role is NOT assist but execute the decisions of the ICCK Cheers cheers Muriuki Mureithi The happiest of people don't necessarily HAVE the best of everything; They just MAKE the best of everything 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 Catherine Adeya Sent: 22 February 2011 04:46 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Day 7: SECTION 14: STAFF TO THE COMMISSION Dear Kictanet List Members, Muriuki, Walu, Matunda, GG, Barrack, Vitalis, Kerubo.....thank you for your contributions these last two days. I believe others are gearing up for this last week of discussions. Day 5 and 6 have had very similar summaries and as such I do not want to be repetitive. Therefore, I will keep this short. Today we begin the discussion on: SECTION 14: STAFF TO THE COMMISSION. 14(1)(a) The Commission shall appoint a Director-General. 14 (2) Shall appoint staff by ensuring equal opportunity employment practices and represents cross-section of population in Kenya Question: Your thoughts on this? Would you like to see more clarity on gender issues, people with disabilities etc. please clarify and elaborate. I look forward to reading your contributions. Best, Nyaki