The Constitution does not specify on the professional background of cabinet secretaries. It is only clear that cabinet secretaries should not be Members of Parliament (Article 152 (3). And of course as state officers they have to conform to the requirements of Chapter Six (Leadership and Integrity) 

It would therefore be required to show that the nominee is so ill suited for the particular cabinet portfolio or does not meet the leadership and integrity bar for one not to get the Parliamentary approval. (my view)
The other issue that could arise with the proposed Cabinet is if it did not meet regional balance/diversity (Article 130(2). and for this reason Parliament is awaiting the full list before they can start vetting. 

Perhaps beyond the individuals nominated, we would also be looking at the priorities for the ICT function. I liked Walu's article that identifies the duplication of institutions as an issue. http://www.nation.co.ke/oped/Opinion/What-awaits-the-new-ICT-Cabinet-Secretary/-/440808/1756938/-/eh72vp/-/index.html
Other priorities will probably be the solar laptops/digital education, Kenya's ICT policy, ICT and counties among others. Infact, if we look at the Jubilee Manifesto, there are some aspects of ICT. Other than the laptops, talent development will also have aspects of ICT because these musicians,artistes etc will be contributing to local content. In implementing devolution, there is also a lot of ICT - ICTs aiding access to information and public participation on the one hand and ICTs aiding management of (financial and other) information as well as accountability, reporting and monitoring on the other hand. 

That said and on a lighter note, it is my humble submission that if a lawyer had been nominated to lead the Ministry (or any Ministry for that matter) it would have been easy to explain...we need to align our ministries to the new Constitutional dispensation :)

-----
Grace L.N. Mutung'u (Bomu)
Kenya
Skype: gracebomu
Twitter: @Bomu
Website: http://www.diplointernetgovernance.org/profile/GraceMutungu


2013/4/25 Alex Gakuru <gakuru@gmail.com>
Daniel, friends,

We should always endeavour to read the law individually (and collectively), upon realising that ignorantia juris non excusat

With a friendly caution that it should never lead professionally unqualified to play lawyer, nor similarly on other disciplines.

Kind regards,

Alex

On Thu, Apr 25, 2013 at 11:18 AM, Daniel Otieno Omondi <dottocomp@yahoo.com> wrote:

 Dear all,
 The Cabinate secretaries topic is of real essence and need sobriety on discussion. First and foremost Our current PS Ndemo was a physic lecturer FYI in Nairobi university. May be Grace Bomu can tell us what the constitution says on the choosing a cabinate secretary  and professionalism going with it. We in ICT fratarnity need a technocrat ICT expert with passion in the field to boost the out come of vision 2030 beyond the minimum expectations. FYI even technology will not move without technical experts and don't forget the innovation dept. on it so lets demand what is good for this great nation kenya.

Thanks

P.O.Box 16753-00100
Tel:+254-020-313939/38
Cell:+254-722-756211
Skype:dottocomp
Facebook:dottocomp
Nairobi,Kenya
 


From: George Nyabuga <george@afrinic.net>
To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; Mark Mwangi <mwangy@gmail.com>
Cc: isoc@lists.my.co.ke
Sent: Thursday, April 25, 2013 9:05 AM
Subject: Re: [ISOC_KE] [kictanet] ICT Secretary is it a wise move?

I totally agree with Mark that we don't have to 'insiders' to succeed. You don't have to have a doctor as the head of department. A few examples may illustrate this. Look at Kenyatta National Hospital. The current Director has done fairly well compared to previous directors who were medics. In the UK, for example, you don't have to studied education to be the head of a school (headmaster, headmistress, principal etc.). You don't have to be a lawyer to a magistrate. Even though we must contextualise, I think interest, passion, ability and willingness to learn and adapt etc. should help one excel in whichever department. Of course expert knowledge of the industry and expertise help but these are not the only things you need to succeed. Besides, in any government department, there are technocrats who possess the expertise and do most of the work, and these should provide the requisite advice and guidance.
 
Just a few thoughts …

George

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On Apr 24, 2013, at 10:50 PM, Mark Mwangi <mwangy@gmail.com> wrote:

I am not for the idea of closing up industries to purely insiders. The lethargy and infighting and loss of focus can only be detrimental. For instance the holder of the highest office of the land is the commandeer in chief of the armed forces. I have not heard or seen him serve for the military before yet he is expected to lead us into battle. Ofcourse he will need able and competent bureacrats within the rank and file to advise him. 

I expect the same goes for the cabinet secretaries. Being a trained doctor does not necessarily mean you are best placed to lead a ministry. Let us not forget that Cabinet secretaries are negotiators and implementors o broader overarching goals. 

lawyers have however managed to clam their profession shut to outsiders. 


On Wed, Apr 24, 2013 at 3:13 PM, Edith Adera <eadera@idrc.ca> wrote:
Bwana Ndemo is also an industrial economist – he may be chosen as PS for another Ministry – entrepreneurship?, industrialization? etc. Bwana Ndemo is on the PS list in Nation today, ready for Interview as PS – he can tell us his choice – as I guess you have to indicate your choice. Or is it a pool, from where they will chose?
 
As for the New Cabinet Secretary, I don’t envy him as the ICT industry stakeholders are known not to keep quiet….so he has a tough job ahead. He will need a strong PS and great technical people below him to deliver in this dynamic industry where the stakeholders will speak loudly, if unhappy – esp. via KICTANET list.
 
I wish him well.
 
Edith
 
From: kictanet [mailto:kictanet-bounces+eadera=idrc.ca@lists.kictanet.or.ke] On Behalf Of Pamela
Sent: April 24, 2013 12:46 PM
To: Edith Adera

Cc: 'KICTAnet ICT Policy Discussions'; isoc@lists.my.co.ke
Subject: Re: [kictanet] [ISOC_KE] ICT Secretary is it a wise move? http://www.cid.suny.edu/about_us/staff_in_focus/about_staff_in_focus_fred.cfm

 
@Gilda, not entirely accurate, Dr. Ndemo’s Masters degree is in MIS (management information systems) from the University of St.Thomas, Minnesota.
Regards
Pamela
 
From: kictanet [mailto:kictanet-bounces+pamela=cardiacimplants.com@lists.kictanet.or.ke] On Behalf Of Gilda Odera
Sent: Wednesday, April 24, 2013 6:33 AM
To: pamela@cardiacimplants.com
Cc: KICTAnet ICT Policy Discussions; isoc@lists.my.co.ke
Subject: Re: [kictanet] [ISOC_KE] ICT Secretary is it a wise move? http://www.cid.suny.edu/about_us/staff_in_focus/about_staff_in_focus_fred.cfm
 
@Barrack I think you go it wrong. If my knowledge serves me well, neither a demo nor Kagwe were ICT experts when appointed as PS. But they had the intellectual capacity and drive to run with it. They consulted widely and went out of their way to hear and learn. That is what is required, not necessarily an ICT expert. 

Regards,
 
Gilda Odera

On Apr 23, 2013, at 7:49 PM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Barrack, et al,
While there is a legit cause for aligning the ministries to the people who are running them, it is important that we don't think inside the box - that is the ICT Secretary should be a ICT expert. It can be anybody who the constitution so points out.
 
On 23 April 2013 19:41, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Listers,
Just googled the nominee for the ICT Secretaries post and i am a bit lost as to whether he is the right person for the job. Two things come into my mind:
1. With regional balancing Dr. Ndemo will definately not make it as principal Secretary even if he merits. For such a crucial ministry i thought we needed some continuity otherwise we might slow down or lose out on the gains we have achieved in the last couple of years, i wonder what listers think. As a public we also have an obligation to vet the nominees.
2. The nominee appears to be a governance expert as opposed to an Information and Communications Technology expert, will he inspire the ICT community to move to the next frontiers the way Kagwe, Poghisio and Ndemo did? This are some of the concerns i have whilst respecting the Presidents Choice, what do others think? Let us collect our views as an ICT community, i am willing to consolidate them and then we submit to the necessary Parliamentary Commitee.
Best Regards
--
Barrack O. Otieno
+254-20-2498789
Skype: barrack.otieno

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