Thank you very much for the help. Its working in as much as it loads up my kernel on boot up, but it doesn't act as a 2 state on/off button. I wonder if the off command is correct:

/usr/sbin/kernel-unload /home/user/MyDocs/kernel.txt | sudo gainroot

As far as the customised kernel goes, I actualy used some 1 elses conservatively tweaked kernel. Initially because I needed to fix the battery life so that I got more than 5/6 hours per charge (not really by choice, more by need) It idols at 125mhz and runs more graphic intense app's like navigation at 850mhz. Other programs run between 250mhz and 850mhz.

It seems more stable now than the out of the box device.. It certainly has a much better battery life now (even when using Wifi & GPS)