Row simmers over order on new Information, Communication and Technology leadership

By GEOFFREY MOSOKU

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.

Further, the law does not provide for public participation as enshrined in the Constitution.

The order was published under Legal Notice No.183 of 2013 under State Corporations Act on August 16, 2013.

“The Cabinet Secretary shall appoint the first chief executive of the authority upon commencement of this order for a term of not more than three years but subsequent appointments shall be made by the Cabinet Secretary on the recommendation of the board after a competitive recruitment process,” section 11 (2) states.

According to officers from the ministry of Information, this particular law was tailor-made to enable the Cabinet secretary confirm the acting CEO Victor Kyalo.

Officials who spoke to The Standard said the Executive Order violates provisions of the law on public participation, vetting and competitive recruitment exercise and now want the Act amended.

On Sunday, the Law Society of Kenya (LSK) termed the law unconstitutional saying that Parliament should recall the legal notice and amend it.

“It cannot pass the test of the Constitution on principles of good governance which requires public participation in any appointment,” LSK chair Eric Mutua said.

On Sunday, ICT Cabinet Secretary Fred Matiang’i and his PS Joseph Tiampati could not be reached for comment while the acting CEO Kyalo denying playing any role in the drafting of the legal notice.

Yesterday, State House defended the legal notice saying it was not in any way violating the Constitution.

Spokesman Manoah Esipisu said the executive order on appointment was only for transition since three state organs had been amalgamated into one.