+ 1@ Kivuva. My take is that the transition clause is clear on how staff should be treated. The Regulator needs to be honest in how it handles this matter. No need to let courts determine the next course of action. @ Walu, I remember seeing the advert on CA's fb wallk --- Original Message --- From: "Mwendwa Kivuva via kictanet" <kictanet@lists.kictanet.or.ke> Sent: 23 December 2014 12:17 To: ggithaiga@hotmail.com Subject: [kictanet] Is the Communications Authority board out of order? The advert in the daily Nation on Friday 19th advertising the vacancies at the Communications Authority seem to indicate that the CA senior managers are required to apply for their jobs. The managers have since gone to court: http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-o... The information and communications Act Amendment of 2013, section 105; the transition provisions set out in schedule 6 shall have effect with respect to staff, assets, rights, liabilities, obligations, agreements and other arrangements at the commencement of this act. It says among others " staff shall transit from CCK to CA of Kenya at the same terms and benefits or better terms and their terms shall not be interfered with." Change is good in every society. It brings impetus in organisations, reduces complacency, and improves efficiency. But these change has to be within the law. By the board advertising these positions it clearly contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng. Rege, Hon Yinda and all honorable members of parliament on this mailing list help us understand how a group of people (the CA Board) would blatantly ignore the law with 'impunity'! A spot check with some of the employees indicates that their employment terms have not changed - meaning they are permanent and pensionable. You cannot just wake up and change this without terminating and compensating them. The due process should be followed and you do not declare a position (whether change of name) vacant when you have an incumbent. The timing of this process also seems ill intentioned considering that Parliament which amended the Act before passing it is in recess until February 2015. The advert requires all to apply before 14th January 2015. Listers, we have to worry about what happens to the Authority because above all disruption to the setup definitely affects many businesses. Dr. Matiangi - is this another ignorance of the law from your ministry? We already have a failed process at ICTA that has left us with an acting CEO for over 2 years, and a Board that is in office illegally after it was nullified by the High Court. http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-appo... COFEK we are relying on you as a watchdog. We know how people are handled during a transition process is key. Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson _______________________________________________ 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/ggithaiga%40hotmail.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.