ICT AUTHORITY BOARD MEANT TO CURE OLD CONFLICT ISSUES
In January, Fred Matiang’i, Cabinet Secretary in the Ministry of Information and Communication inaugurated a new ICT Authority Board. He appointed:Prof Timothy WaemaMs Esther KibeereMs Bertha DenaProf Elijah OmwengaMr David MugoMr Ugas MohamedMy knee jerk reaction was that the CS had given a salute to the private sector and civil society “noise makers”. http://www.wanjiku.co.ke/2014/02/ict-authority-board-meant-to-cure-old-confl...
Grace, Thanks for always being generous to share information and updates. I appreciate the kind spirit. At the same time, I feel duty bound to bring to your attention that the Board appointments to the ICT Authority are the subject of a High court case filed by the ICT Association of Kenya on 5th February 2014 (Civil Application No 48 0f 2014). As you may be aware, the sub judice rule regulates commentaries on matters which are under consideration by court. Comments are considered sub judice once legal proceedings become active which is the situation in the case of appointments to the Kenya ICT Authority Board. Principles underlying the rule also apply to statements made online. Contravention of the rule is of a strict liability nature hence one cannot escape liability by arguing that he/she had no intention of prejudicing on-going legal proceedings or that he/she did not know that the material was sub judice. Emergent sanctions of course come with far reaching effects. Details on the progress of the case are available at http://www.ictak.or.ke/resources/news-and-events/230-ictak-moves-to-high-cou... Without prejudice to the right to free debate which is the hallmark of KICTANet let's avoid a path that would predictably set us on a collision course with the courts. Please be guided. Kamotho On Fri, Feb 28, 2014 at 10:42 PM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
In January, Fred Matiang'i, Cabinet Secretary in the Ministry of Information and Communication inaugurated a new ICT Authority Board.
He appointed:
1.
Prof Timothy Waema 2.
Ms Esther Kibeere 3.
Ms Bertha Dena 4.
Prof Elijah Omwenga 5.
Mr David Mugo 6.
Mr Ugas Mohamed
My knee jerk reaction was that the CS had given a salute to the private sector and civil society "noise makers".
http://www.wanjiku.co.ke/2014/02/ict-authority-board-meant-to-cure-old-confl...
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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, An ICT Association that's not afraid to bite! I don't know what the specifics of your case are about, but, as I have intimated in these forums before, until the day someone stands up and seeks legal recourse to a lot of the ills and corruption in ICT in Kenya, we are just 'dogs' barking, without biting! I wish you well in your endeavours, and it is my hope that you will use it for good. Regards Waithaka Ngigi A1.iO On Sat, Mar 1, 2014 at 3:22 PM, Kamotho Njenga <kamothonjenga@gmail.com>wrote:
Grace,
Thanks for always being generous to share information and updates. I appreciate the kind spirit. At the same time, I feel duty bound to bring to your attention that the Board appointments to the ICT Authority are the subject of a High court case filed by the ICT Association of Kenya on 5th February 2014 (Civil Application No 48 0f 2014).
As you may be aware, the sub judice rule regulates commentaries on matters which are under consideration by court. Comments are considered sub judice once legal proceedings become active which is the situation in the case of appointments to the Kenya ICT Authority Board. Principles underlying the rule also apply to statements made online. Contravention of the rule is of a strict liability nature hence one cannot escape liability by arguing that he/she had no intention of prejudicing on-going legal proceedings or that he/she did not know that the material was sub judice. Emergent sanctions of course come with far reaching effects.
Details on the progress of the case are available at http://www.ictak.or.ke/resources/news-and-events/230-ictak-moves-to-high-cou...
Without prejudice to the right to free debate which is the hallmark of KICTANet let's avoid a path that would predictably set us on a collision course with the courts. Please be guided.
Kamotho
On Fri, Feb 28, 2014 at 10:42 PM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
In January, Fred Matiang'i, Cabinet Secretary in the Ministry of Information and Communication inaugurated a new ICT Authority Board.
He appointed:
1.
Prof Timothy Waema 2.
Ms Esther Kibeere 3.
Ms Bertha Dena 4.
Prof Elijah Omwenga 5.
Mr David Mugo 6.
Mr Ugas Mohamed
My knee jerk reaction was that the CS had given a salute to the private sector and civil society "noise makers".
http://www.wanjiku.co.ke/2014/02/ict-authority-board-meant-to-cure-old-confl...
_______________________________________________ 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/kamothonjenga%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.
_______________________________________________ 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/ngigi%40at.co.ke
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.
-- *Regards,* *Wait**haka Ngigi* Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811 000 www.at.co.ke
Thanks Kamotho for this piece of info. I was not aware that you went to court. Do keep us posted. In this case then, I wish to discourage listers from discussing this matter. Have a great week.RgdsGrace Date: Sat, 1 Mar 2014 15:22:18 +0300 Subject: Re: [kictanet] ICT AUTHORITY BOARD MEANT TO CURE OLD CONFLICT ISSUES From: kamothonjenga@gmail.com To: ggithaiga@hotmail.com CC: kictanet@lists.kictanet.or.ke Grace, Thanks for always being generous to share information and updates. I appreciate the kind spirit. At the same time, I feel duty bound to bring to your attention that the Board appointments to the ICT Authority are the subject of a High court case filed by the ICT Association of Kenya on 5th February 2014 (Civil Application No 48 0f 2014). As you may be aware, the sub judice rule regulates commentaries on matters which are under consideration by court. Comments are considered sub judice once legal proceedings become active which is the situation in the case of appointments to the Kenya ICT Authority Board. Principles underlying the rule also apply to statements made online. Contravention of the rule is of a strict liability nature hence one cannot escape liability by arguing that he/she had no intention of prejudicing on-going legal proceedings or that he/she did not know that the material was sub judice. Emergent sanctions of course come with far reaching effects. Details on the progress of the case are available at http://www.ictak.or.ke/resources/news-and-events/230-ictak-moves-to-high-cou... Without prejudice to the right to free debate which is the hallmark of KICTANet let's avoid a path that would predictably set us on a collision course with the courts. Please be guided. Kamotho On Fri, Feb 28, 2014 at 10:42 PM, Grace Githaiga <ggithaiga@hotmail.com> wrote: In January, Fred Matiang’i, Cabinet Secretary in the Ministry of Information and Communication inaugurated a new ICT Authority Board. He appointed:Prof Timothy Waema Ms Esther KibeereMs Bertha Dena Prof Elijah OmwengaMr David MugoMr Ugas Mohamed My knee jerk reaction was that the CS had given a salute to the private sector and civil society “noise makers”. http://www.wanjiku.co.ke/2014/02/ict-authority-board-meant-to-cure-old-confl... _______________________________________________ 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/kamothonjenga%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.
participants (3)
-
Grace Githaiga -
Kamotho Njenga -
Ngigi Waithaka