October 2008 - KICTANet

Kenya Internet Governance Forum (Kenya IGF) - Tomorrow
by Harry Hare 13 Oct '08

13 Oct '08

Just a reminder for those wishing to attend this forum and also to confirm that the Permanent Secretary, Ministry of Information and Communication and the Director General of Communication Commission of Kenya have confirmed their participation. If you have not confirmed your participation, and you wish to attend, please do so before the end of business today to help us with the planning. Kindest Regards Harry +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Colleagues The Kenya ICT Board (KICTB) in conjunction with the Kenya Network Information Centre (KENIC), the Kenya ICT Action Network (KICTANet), the East African ICT for Development Network (EA ICT4D) and other participating organisations are pleased to announce the Kenya Internet Governance Forum (Kenya IGF) to be held on the 14th of October, 2008 at the Jacaranda hotel in Westlands. The Kenya IGF will offer a central forum through which Internet stakeholders in Kenya can contribute to the global Internet Governance Forum. The Kenya IGF is a follow up to the KICTANet mailing list discussions on Internet Governance, which were held in August 2008, and aimed at beginning to identify and explore national level Internet Governance issues. The national forum aims at: · creating awareness on IGF issues, · instituting a consensus building process to develop a common understanding of Kenyan Internet Governance issues and · building policy capacity in order to enable meaningful participation in global Internet policy, governance and development. The outcome of the Kenya IGF will be collated with that from the other national IGF¹s which will take place in Uganda, Tanzania and Rwanda, to form the agenda for the East African IGF (EAIGF) scheduled for 10th-12th November 2008, Nairobi Kenya. As a key player in the Internet industry, it is my pleasure to invite you to the Kenya IGF. Below is a summary of the programme: ++++++++++++++++++++++ 08:45 - 09:00 Registration 09:00 - 09:10 Opening Remarks - Paul Kukubo, CEO, KICTB 09:10 - 09:30 What is internet governance and why should we care? - Brian Longwe/KENIC 09:30 - 10:00 Kenyan stakeholders IG issues: KICTANet Online Discussion Report; validating issues discussed John Walubengo/Mwende Njiraini 10:00 - 10:10 Government & the IGF Charles J. K. Njoroge, Director General, CCK 10:10 - 10:30 Official Launch of Kenya IGF - Dr. Bitange Ndemo, PS, Ministry of Information & Communications 10:30 - 11:00 Coffee Break 11:00 - 11:30 So what are Kenya¹s Priority IG issues? Issue Prioritization & Consensus - KICTANet/KENIC 11:30 - 12:00 What Policy and Technical capacity do we need to engage? Identifying Issues for Capacity Building John Walubengo/Mwende Njiraini 12:00 - 12:30 Closing Remarks/Vote of Thanks - EAICT4D Harry Hare 12:30 Lunch +++++++++++++++++++++++++ Kindly confirm your participation by sending an email to <evelyne(a)kictanet.or.ke> Regards, Harry Hare

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 13 Oct '08

13 Oct '08

Dear Dr. Ndemo, Thank you for taking the time to respond to the issues at hand. The tone of the Kictanet debate might have appeared antagonistic and even degenerated to extreme lows at some points, but rest assured that these are not issues of a personal nature as some have cheekily tried to paint them. The issues at hand revolve around official acts and policies. We simply as I indicated in a separate message want the Government to do the right thing and that is to uphold the law and do what is best for Kenyans. We do and must detest xenophobia, but far from that, foreigners are welcome as long as there are beneficial conditions for Kenyans attached to their entry into key sectors that promote and enhance Kenya's technological capacities, create indigenous wealth (not just employment), and help propel Kenya to achieving new grounds and heights of indigenous accomplishment. Take the case of India, Tata is now an international conglomerate, more so in the area of motor vehicle manufacturing as a result of the Indian government's requirements for joint ventures which demand significant local ownership and benefits for other local industries. Another example are tenders held by the Indian Government which require up to as much as 50-50 participation, despite such steep local equity requirements, there are multinational companies clambering over one another for such opportunities. http://www.mobilepundit.com/2005/12/05/zte-beats-huawei-for-bsnl- tie-up/ Taking up the case of the briefcase businessmen. Isn't this a failure of our institutions more so the regulator in conducting proper due diligence? The failure to do this is the key issue which is being used to give local businessmen a bad name, if proper due diligence had been properly conducted the consortia not meeting the bar should never have been allowed to bid in the first place. Instead due to a lack of diligence we let in unscrupulous parties who want to reap where they have no sowed. The "multinationals" are not so innocent either, we have seen a classic example of international investors fail to repeatedly pay their licence fees for over 4 years while conveniently blaming it on local investors. We can agree on the fact that there are serious Kenyan investors in the ICT sector. As noted above, the way to eliminate extortionists is to conduct proper due diligence and prosecute parties for economic crimes that involve a failure to conduct due diligence. If extortionists persist, they should also be prosecuted under the existing economic crimes statutes as the law provides regarding delivery of revenue due to the Government. If there are no consequences, the problems will likely continue. I beg to differ on Safaricom as this was attributed to foreign investors dumping Safaricom Shares leading to the depression of the share price. Below is the article as published in the Business Daily. I did not purport to be an economist rather just pointed out what NSE insiders were stating: http://www.bdafrica.com/index.php?option=com_content&task=view&id=88 47&Itemid=5812 As I mentioned earlier, FDI inflows indeed improved tremendously but it seems as though the policy changes are trying to fix something that may not be broken. Certainly FDI inflows should be improved as one of the Government's goals, but why not try to create policies that promote local ownership and beneficial joint ventures? Regards, Peterson On Fri, 10 Oct 2008 04:20:13 +0000 bitange(a)jambo.co.ke wrote: >Dear Mr. Olale, >I have carefully read your contribution but I do not see any point >you >raise to support Kenyanization of ICT development. Let us not >confuse >xenophobia with nationalism. As I stated earlier, we must learn >from the >past to shape our future. A lot of the so called local Investors >are >briefcase businessmen often specialized in extorting >multinationals at the >expense of the majority Kenyans. This is what we must fight. > >There are serious Kenyan investors in the ICT sector and we are >seeing >these investments grow to the extent of merging with MNCs. This >is a more >sustainable rout to follow than licensing extortionists. We care >for all >Kenyan investors but we must also deal with bad apples. The major >telkom >companies are variously owned by Kenyans. > >It is absurd that you to attribute the drop of Safaricom share >price to >foreigners yet a first year student of economics will tell you >that the >trend worldwide is the same and even the most capitalist countries >are >rushing to bail out troubled companies. Secondly, too many people >borrowed to finance the Safaricom share and hoped to cash-in >quickly >leading to excess supply of shares that means price would drop >and in >the long run will eventually stabilize and begin to rise. My >brother one >needs to understand this simple economics, before attempting to >become a >labour economist. > >Please note that almost 90% of FDI last year to Kenya was in >Telecommunications. The more reason we should encourage more FDI >this >year through policy change. > > >Regards > > >Ndemo. > > > >> John, >> >> Dr. Bonny Khalwale on Wednesday in parliament as Chairman of the >> Parliamentary Accounts Committee in Parliament questioned why >the >> Government, presumably through the Info. and Comm. and other >> related dockets was jeopardising our national security by >selling >> shares in the telecoms sector to foreigners. >> http://www.nation.co.ke/News/politics/-/1064/478582/-/ywrqttz/- >> /index.html >> >> Dr. Khalwale was obviously not aware of PS Ndemo's latest and >> seemingly hurried initiative to abolish local shareholding >> requirements in the ICT sector and it should no doubt be brought >to >> Parliament's attention and the public's notice. >> http://africa.reuters.com/business/news/usnJOE4950WH.html >> >> It is time PS Ndemo presented himself in his official capacity >to >> Kenyans before the Parliamentary committee and named the foreign >> companies that have threatened not to invest in Kenya because >they >> cannot allegedly partner with Kenyans! Kenyans should never >condone >> blackmail, let alone from foreigners whose sole goal is to make >hay >> while the sun shines from Kenyans without engaging in knowledge >and >> technology transfer, indigenous wealth creation and other >derived >> benefits that newly industrialised countries (China, India etc) >> have reaped from enforcing local ownership requirements. >> >> It is time such critical decisions that affect the nation were >> taken out of the hands of individuals who through possibly >coerced >> strokes of pens to gazettements seriously compromise the >nation's >> march to progression in indigenous ownership of sectors of the >> economy. Such critical decisions should belong in the hands of >> Wananchi through Parliamentarians who should debate and ratify >such >> critical and arbitrary gazettements. >> >> Recently we saw the results of ill advised policies that favour >> foreigners at the expense of indigenous Kenyans. We saw >Safaricom's >> share price become thoroughly depressed by foreigners who were >in a >> rush to dump the shares. The greatest sufferers were local >> investors many of whom were already short changed with their >paltry >> 21 percent share allocation. Yet the powers that be, sought to >> favour foreigners who have no allegiance to the nation at the >> expense of Wananchi. >> >> What has PS Ndemo done to improve and increase local ownership >in >> the ICT sector before concluding that such efforts and >approaches >> were futile and that Kenyans were useless investors? If Ndemo >truly >> had the interests of Kenyans at heart he wouldn't be putting >> foreigners ahead of Kenyans! Similarly why has Ndemo been >appending >> his signature to documents that favour Libyans amongst other >> foreigners that undermine Wananchi while holding a public office >> that demands maintaining public trust and protecting public >> interest? >> http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4 >> >> The Law regarding Acting on behalf of foreigners interests: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12838 >> >> Why is PS Ndemo purporting to fix what is not broken? Kenya >> recorded a 1330% increase in FDI in 2007, perhaps PS Ndemo could >be >> excused for the oversight at the time of his arbitrary >> pronouncement. Surely something must be working right.. >> >> http://africa.reuters.com/country/TZ/news/usnLO172755.html >> The report showed that FDI to Kenya rose to $728 million in >> 2007 compared with $51 million in the previous year, a rise >> of close to 1,330 percent. "Kenya's FDI increased due to >> large privatisation sales in the telecommunications industry >> and investment in railways," Naiko said. >> >> The Econet sham has been misused repeatedly by PS Ndemo as the >> reason for his rationale in first reducing local shareholding >> requirements from 30%, down to 20% and now to his envisioned >ZERO%. >> Instead of looking at the root cause of the matter which are >> unfavorable policies towards local investors, a hostile lending >> environment towards startups, poor vetting, poor tendering >> procedures, poor due diligence and irregularities by the >regulator >> and reforming those, he appears keen to lambast and blame >anything >> and everything else on Wananchi rather than address the root >causes >> by instituting and promoting professional changes and >improvements >> in the afflicted public institutions. Indeed how did bankrupt >KNFC >> and Econet meet the US$100m threshhold of turnover for tendering >> when Deloitte and Touche audited accounts show Econet's largest >> operation (before they were bundled out of Nigeria for not >having >> paid for their shares) having a turnover then of a mere US$8 >> million and KNFC's total assets valued at Ksh 20million as of >2006? >> The poor financials and the exercise of due care in conducting >due >> diligence by the regulator are the reasons why the licence fee >> could not be paid to the GK within the proscribed period and it >has >> nothing to do with the vast majority of local investors whom >Ndemo >> is trying to vilify. PS Ndemo and Treasury should let the public >> know if Econet has forfeited and paid in full its US$1.3 million >> bid bond to the exchequer for failure to pay the licence fees in >> cash as required: >> >> Audited Financials: >> http://rapidshare.com/files/152242139/Financials.pdf >> Miscellaneous: >> http://rapidshare.com/files/152242138/NjiriSA.pdf >> http://rapidshare.com/files/152242137/EconetSA.pdf >> >> For all we know PS Ndemo could have been misled by vested and >> powerful interests in the matter. Naturally the principles of >> justice dictate that he ought to be given the accordance of the >> benefit of doubt but if his deliberate actions show otherwise >then >> the wheels of justice must run their course. If it takes 14 >years >> as it did for the eventual trial and judgement of Oluga and >Somaia >> for fraud against the Republic, then so be it. >> >> This is why if Ndemo is indeed innocent, he should not hesitate >to >> speedily request KACC, the CID, Kenya's numerous independent >anti- >> corruption organisations, any willing international partners >with >> forensic investigation capacities, members of the public to work >> towards investigating the matter. It is also important that the >PS' >> accomplishments on behalf of the nation are not blighted by a >few >> but serious malfeasances if he was indeed misled. PS Ndemo's >> involvement in the matter is a serious issue considering what >the >> law states about deliberately subverting directives and rulings >> such as the Minister's cancellation of the licence, given that >> deliberate ignorance of court rulings and Ministerial >cancellations >> is classified under law as fraud. >> >> The law as regards Misleading the public: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12843 >> >> Section 354 of Chapter XXXV (Miscellaneous Offences Against >Public >> Authority) of the Laws of Kenya: >> >> âANY PERSON WHO KNOWINGLY UTTERS AS AND FOR A SUBSISTING >> AND EFFECTUAL DOCUMENT ANY DOCUMENT WHICH HAS BY ANY >> LAWFUL AUTHORITY BEEN ORDERED TO BE REVOKED, CANCELLED >> OR SUSPENDED, or the operation of which has ceased by >> effluxion of time, or by death, or by the happening of >> any other event, is guilty of an offence of the same >> kind, and IS LIABLE TO THE SAME PUNISHMENT, AS IF HE HAD >> FORGED THE DOCUMENT,â >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=9961 >> >> Amos Wako as the AG should let Kenyans know whether he was >> consulted by PS Ndemo, what his legal opinion was if any, by >> releasing the relevant correspondence, and if so, what rationale >he >> employed in purporting to settle a case the Government had >already >> won through a final court ruling! >> >> Judge's final Ruling upholding cancellation of licence: >> http://rapidshare.com/files/152242136/Econet_v_Minister.pdf >> >> video of PS Ndemo personally signing the sham "settlement >> agreement": >> >http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4 >> >> Laws of Kenya regarding the Giving of advice: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12842 >> >> AG Wako has shown previously that in matters where the >Government >> will ultimately prevail, the Government will not hesitate to >uphold >> the public interest even where the outcome could embarrass the >> executive as was the unprecedented case of Kenya Duty Free v GK >> where the Government's winning defence was that the former >> President had taken a US$2 million bribe from the applicant. >> >http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1 >0 >> 19 >> >> It is an inescapable fact that PS Ndemo seems to wish away that >the >> Econet licence was Scandal number 10 in Edward Clay's list of 20 >> scandals committed against the nation: >> http://rapidshare.com/files/152246719/20Scandals.pdf >> >> What happened to Ndemo's rather reasonable previous requirement >in >> 2007 about local ownership, did vested foreign and "local - >> Mobitelea like" interests twist his arm and coerce him to change >> his mind?? >> >> What we are saying is that a foreign investor needs time to >> (get to) know whom he can work with," Ndemo says. "In three >> years he can do a private placement or in five years do an >> IPO (initial public offering) or introduce employee option >> plans, but they must give 30 per cent to locals." >> >> The issues are very simple, Ndemo should come clean and cease >> condoning and abetting the commission of illegal acts against >the >> public trust and interest that involve a permanently CANCELLED >and >> thus null and void license; open the matter to public scrutiny >and >> investigation and mostly importantly it is his duty as a Kenyan >to >> find constructive ways of promoting indigenous Kenyan ownership >> instead of working day and night to find ways to increase >ownership >> by foreigners at the expense of Wananchi. It is indeed absurd >that >> when Mama Mboga attempts to make a living without having a valid >> licence, she will certainly face the wrath of askaris, how >> foreigners can blantantly walk into Kenya, disenfranchise their >> local component with blessings from vested interests and when >their >> licence is cancelled continue to operate without a valid licence >> and without a new tender being called reeks of impunity at best. >> >> When 48 members of Parliament in 2003 rose up to be counted, >they >> surely knew what the animal they were pointing out, the same >animal >> that now disrespects Kenyan institutions as it continues to run >> around while flashing a long cancelled and now null and void >> licence as part of a grand and colossal fraud. >> http://www.telegeography.com/cu/article.php?article_id=2030 >> >> Peterson Olale >> >> On Thu, 09 Oct 2008 15:59:44 +0000 John Maina ><j.maina(a)ymail.com> >> wrote: >>>Brian >>> >>>We dont dispute that. >>> >>>We are asking about the fact that the government is ignoring >court >>>injuctions which were shown there >>> >>>Why ignore court cases? >>> >>>JM >>> >>>----- Original Message ---- >>>From: Gakuru Alex <alexgakuru.lists(a)gmail.com> >>>To: j.maina(a)ymail.com >>>Cc: kictanet(a)lists.kictanet.or.ke >>>Sent: Thursday, October 9, 2008 4:54:50 PM >>>Subject: Re: [kictanet] Econet Haters.... :-D >>> >>>Brian, >>> >>>As kictanet chairman with all the 'forum powers', I honestly >feel >>>that it is unfair for you to drag on this conversation at least >>>from a >>>"fair play" perspective.... >>> >>>If you choose not to kill the thread, at least you should avoid >>>being >>>a discussant? >>> >>>regards, >>> >>>Alex >>> >> >> -- >> Click now for fast, reliable freight services! >> >http://tagline.hushmail.com/fc/Ioyw6h4c9uglgm0nbIOqilxqN6aFkwmGgX3I >12EQDEHE2v5xWXwRnE/ >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: bitange(a)jambo.co.ke >> Unsubscribe or change your options at >> >http://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jamb >o.co.ke >> >> ---------------------------------------------- >> This message has been scanned for viruses and >> dangerous content by Jambo MailScanner, and is >> believed to be clean. >> --------------------------------------------- >> "easy access to the world" >> >> > > > >---------------------------------------------- >This message has been scanned for viruses and >dangerous content by Jambo MailScanner, and is >believed to be clean. >--------------------------------------------- >"easy access to the world" -- Click here to find the perfect picture with our powerful photo search features. http://tagline.hushmail.com/fc/Ioyw6h4dI2gEjhKYHNaeyRQ7Q6yCWo3FWPjoMUxjWNTg…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 13 Oct '08

13 Oct '08

Dear Eric, Some weekend reading for you, this article was directed at NEPAD and the then Finance Minister and it covers some of the issues we have been discussing. Africa, Kimunya should seek monetary policies that serve local interests http://www.bdafrica.com/index.php?option=com_content&task=view&id=82 62&Itemid=5821 "This, however, remains the quintessential question of African development: how to achieve economic independence in an international and regional context where the profit motives of most investors and lenders rarely correspond to our growth and development goals." We simply cannot achieve economic independence when over 80 percent of the economy is in the hands of foreigners more so non Africans and PS Ndemo now wants to eliminate indigenous ownership requirements. Local ownership requirements did not deter the credible and serious Zain's, Vodafone's, France Telecom's, Altech's of this world from coming into Kenya. Has PS Ndemo forgotten that Kenya's FDI in the last year rose by over 1300 percent? Is it fair that some local individuals could use multiple separate companies in which they have substantial shareholding so as to maximize their effective share of TEAMS while other legitimate local and international investors are locked out? These and other criteria (total beneficial ownership etc) need to be looked at and analysed to get to the core of the matter. It is a pity that PS Ndemo seems to believe that it is a bad thing when Peterson asks the Government to listen to local investors and take their interests into consideration while striking a balance in the same way he listens to foreign investors and makes arbitrary non-consultative policy changes just because the Nesbitt's of this world (who already have a tax holiday) have already arm twisted him behind closed doors into submission. We want these unnamed vested interests to take their case to the Kenyan public and to stop coercing public servants behind closed doors, if they can convince the public openly that what they need is good for Kenya then the public through their representatives will effect such changes openly and transparently. As for the other matters, they don't require endorsement or agreement, the facts stand on their own, they are facts anyone can verify by going to the High Court registrar, providing the case number and obtaining the same documents and rulings. The near collapse and disrespect of our institutions is as a result of the permeation and embrace of a culture of impunity. If these institutions were respected by among others, PS Ndemo, it would not be an issue affecting the nation. I challenge anyone with any contradicting documents to dispute the facts by presenting the same rather than attempting to assassinate the messenger for blowing the whistle. Have a good weekend. Regards, Peterson On Fri, 10 Oct 2008 15:38:36 +0000 "Eric M.K Osiakwan" <emko(a)internetresearch.com.gh> wrote: >Dear Peterson, > >I go with you on the wheel that the vested interest of the country >in >paramount..... > >The elements of my case though disappointing, i went with the >established criteria since was applied across board but then in >the >situation where most of the local companies are majority owned by >non- >Africans, then one needs to look into the criteria again. > >The larger question, we need to raise is how do we ensure that the > >interest of other African investors can be unheld in another >African >jurisdiction, in the context of developing Africa by Africans. You > >know the TEAMS process is still ongoing so lets allow the >establish >procedures and policies to work, am patient and dont have any hard > >feelings at all. > >The other big question that we need to answer is, these huge >infrastructure projects require huge sums of money, personally am >not >a deep pocket in that sense but at least i can raise the money, >may >be from another African country or worse case outside the >continent >if the amounts are way over. The TEAMS model where public funds >are >used to underwrite the risk in order to ensure that the entry >barriers for investment are minimised so local investors and >entrepreneurs can participate are innovative and i personally want >to >give the TEAMS model a chance to succeed. We as Africans need to >evolve solutions to our unique problems, ofcourse borrowing in >same >cases from others who have gone ahead. > >Unfortunately, i would have to distant myself from some of the >allegations though you establish them on factual basis, it would >be >good for the right authorities to follow it through so that we >have >conclusive situations. Also, those involved must be given a chance >to >present their side of the argument so that those in this forum can >be >more knowledgable. Again, if we can keep it tactful, then the >common >good is preserved for the sake of posterity. > >Have a good weekend, good people. > > > >On 10 Oct 2008, at 20:16, mwananchi(a)hushmail.com wrote: > >> Dear Eric, >> >> At the end of the day, Kenyans only want the best for our >nation. >> Kenyans certainly are not against beneficial foreign direct >> investment and welcome it provided it is conducted under >policies >> that result in a win-win situation for Kenyans and the investor. >> Unfortunately the country's policies particularly those being >> fronted now do not reflect that wish, which is why it is >important >> that the Government pay attention to what local and would be >> international investors are saying and strike a balance that is >a >> win-win for both. >> >> In your case, had PS Ndemo stuck with his proposal that he made >in >> 2007, Internet Research would not be experiencing any hurdles. >The >> local component would also have been preserved in a manner not >> detrimental to your company. >> >> I hope that PS Ndemo will address the issue of your company. >Kenya >> as an African country should not be deterring Kenyan or any >other >> African investors who are credible and who operate and respect >our >> laws and institutions instead of trampling them underfoot and in >> the one case that has been mentioned, deliberately failing to >meet >> their obligations for over 4 years. These are the same types of >> investors who have been rejected by Altech, the nations of Papua >> New Guinea, Malawi, Nigeria. The same characters who failed to >meet >> their licence obligations for years in New Zealand and were >lucky >> to get token percentage ownership of what was left when credible >> investors took over and who in Lesotho have been engaged in tax >and >> roaming link frauds. >> >> http://rapidshare.com/files/152715858/fraud_in_lesotho.pdf >> >> They finally found a safe haven to land in Kenya embraced by a >> culture of impunity where it does not matter if you meet your >> obligations or if you operate with cancelled licences provided >> powerful vested interests pave and coerce the way for you. >> >> When we reject investors whom we know such as Eric and embrace >> undesirable investors instead, it shows why we precisely are >> lagging behind in FDI. Indeed if Kenya gave investors 5 years as >it >> did in this particular case to pay licencing fees, the country >> would be overwhelmed with numerous investors. As the occassion >of >> Moi Day graces us today, the Moi government despite its many >flaws >> was quick to realize what type of animal this was and correctly >> rejected them not just once but twice. >> >> Peterson >> >> On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan" >> <emko(a)internetresearch.com.gh> wrote: >>> Dear Peterson, >>> >>> Thanks for establishing a set of facts and am sure the right >>> people >>> would respond to the issues you have riased. I hope the >discussion >>> >>> would continue on a factual basis and not degenerate. >>> >>> I want to also present one set of facts regarding my >participation >>> in >>> the TEAMS project. My company, Internet Research went through >the >>> >>> entire process and indeed qualified to be allocated shares but >at >>> one >>> of the proposed shareholders meeting, the issue of local >ownership >>> >>> came up. >>> -- Learn from the comfort of your home. Choose your degree and receive a free info pak. http://tagline.hushmail.com/fc/Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPtQZA6nTe5…

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Re: [kictanet] Malaysia/Policy Clarifications
by mwananchi＠hushmail.com 13 Oct '08

13 Oct '08

Many thanks to PS Ndemo for his responses in answering the numerous issues raised despite the determined attempts of some list members to prevent that from happening. PS Ndemo says he does not understand how the transaction was done yet he went ahead to somehow sign documents and commit the Government. This level of transparency is commendable as there are few in government who would give their honest assessment of such a matter. There is a very short and simple chronology to the facts on the transaction. 1. April 13, 2006 - Justice Ibrahim Mohammed in Case 1640/2004 in the High Court of Kenya rules that the Econet licence remains cancelled as ordered by the Minister for Information and Communications. The case had been filed by Econet against the Government and CCK in an attempt to reverse the cancellation of the Econet licence by the Minister. http://rapidshare.com/files/152947988/final_court_ruling.pdf 2. July 20, 2007 - PS Ndemo signs a "settlement agreement" purporting to settle case 1640 which the Government had already won through the High Court's ruling upholding the Minister's cancellation of the licence. The Government had already won the case! Econet was ordered to pay the Government and taxpayers costs and the court upheld the cancellation of the licence! There was nothing left to settle other than for Econet to meet its obligation of paying Tax Payers legal costs! The second case which was filed personally against the Minister became moot, academic and died a natural death following the ruling. In any case Econet was unable to raise the US$15 million security it was ordered to deposit with the court in the case against the Minister. The cover of "sub judice" does not hold when cases have already reached their logical conclusion and there are no ongoing cases. The facts are simple: - There were no cases to be settled against the Government, the Government won its case fair and square against Econet. - The "settlement" appears to have been a public relations stunt aimed at keeping from public notice Justice Mohammed's ruling. - The Government faced no liability contrary to PS Ndemo's statements following the rulings in favour of GK. - Econet was liable to the Government and thus Taxpayers per the Judge's ruling and not as PS Ndemo inaccurately claims. - Econet having failed to meet its licence obligations stood to legally and correctly loose any monies it had paid to the Government without the Government incurring any liability. The Government won its case square and fair in court but PS Ndemo is misleading Wananchi that the Government was going to loose long after the case had already concluded. We are simply requesting the Government to treat all scams in the same commendable way the PS has taken on the Postapay and satellite crooks without engaging in selective justice. Regards, Peterson On Fri, 10 Oct 2008 06:59:23 +0000 Bill Kagai <billkagai(a)gmail.com> wrote: >Daktari, >This response is a clear sign of top notch leadership. >Thx for clarifying for those of us who were in the dark. > > >On Thu, Oct 9, 2008 at 8:07 PM, <bitange(a)jambo.co.ke> wrote: > >> Dear All, >> I am in Malaysia. This country's development is awesome. Their >> e-applications are indeed something we all aught to learn from. >You can >> see the positive energy to move their country out of poverty in >their >> eyes. We must find ways to emulate these people and move away >from self >> interest that is tearing our country apart. >> >> Prior to my travel here, I made some statements regarding local >ownership >> of ICT investments with the aim of reviewing our policy. This >is what I >> am employed to do and I am still consulting with stakeholders to >see how >> to advance the policy change. Specifically, I argued as >follows: >> • The drop in Foreign Direct Investment (FDI) in our >sector is as a >> result >> of rigid policy on ownership of investments; >> • We must work toward attracting FDI if we have to sort >out >> unemployment >> of our youth which has reached crisis levels; >> • Large ICT multinationals have requested exemptions to >this policy >> and >> would rather have the local ownership through the stock market; >> • That those who have in the past purported to have the >capacity to >> raise >> sufficient local capital have failed and cannot raise new >capital thus >> compromising the competitiveness of these firms; >> • Protectionism leads to poor service and uncompetitive >environment; >> • The problem of local equity participation can be >summarized by the >> experience we went through during the search for the SNO – >promises of >> non-existent funds and extortionism; >> • The absence of local equity participation in some >foreign banks did >> not >> stop Equity Bank from growing phenomenally; >> • There is no threat to domination from foreigners since >local firms >> have >> made great strides to eventually partner with multinationals >from points >> of strength (read KDN/Altech; Safaricom/Onecom partnerships) and >it is >> encouraging to see other local firms such as Access, Jamii, >Wananchi etc >> coming up strongly that we don't need to require multinationals >to seek >> for partners up front at the expense of our unemployed youths; >and >> • My liberalist economic approach is what in my view would >make our >> country considering that some decisions we made along the same >lines have >> greatly impacted all our lives. >> Take for example the liberalization of International Gateways. >There were >> threats to our lives that we could not survive to see the >benefits. These >> were threats made by those who benefited from illegal >terminations of >> calls through Telkom Network leading to losses in excess of one >billion >> shillings per year. I am surprised that this move pains some >people to >> date when we are enjoying lower tariffs with a more efficient >Telkom. I >> have no regrets on Telkom reforms at all and I am sure you all >know that I >> never run from any responsibility. >> >> The Libyan matter has never been an issue before considering the >fact that >> this are standard MOUs that we sign regularly whenever we market >Kenya out >> there as an investment destination. Yes I signed the MOU and >the two ICT >> items in the MOU, that is, Telkom Kenya and Teams never went to >Libyans >> since they lost in the bid process and rejected by local >investors >> respectively. In the same MOU were Energy items and of course >Grand >> Regency but MOUs are not sale agreements. We sign lots of these >MOUs and >> even today here in Malaysia I have had to sign two. These are >public >> documents accessible to any Kenyan and there is nothing to hide >in the >> course of serving our country. >> >> I have never in my life met Moi and as far as I am concerned I >have never >> crossed his path either in his business or himself as a person. >The >> decision to extricate the Government from the Econet saga in my >view saved >> the tax payers a great deal of money. I was not there when this >matter >> started and I still do not understand the whole transaction but >it makes >> great sense to remove the Government from any liability. If >such a >> decision did not favour anybody, then the courts can settle and >in any >> case, this matter is still sub judice. >> >> Back to policy. If you have noted, we are launching an average >of two ICT >> firms per a week. Large BPO multinationals have told me to my >face that >> until we sort out the local ownership issue, they are going >elsewhere. >> These are firms that employ in excess of 30,000 BPO agents. >Investment in >> the sector runs into billions of shillings which people like >myself cannot >> even dream of raising even 1% (and this is true for many of us >in Kenya). >> Do we let such opportunities slip by because we want to be >nationalists? >> >> Regards >> >> >> Ndemo. >> >> >> >> >> >> ---------------------------------------------- >> This message has been scanned for viruses and >> dangerous content by Jambo MailScanner, and is >> believed to be clean. >> --------------------------------------------- >> "easy access to the world" >> >> -- Click here to learn more about nursing jobs. http://tagline.hushmail.com/fc/Ioyw6h4eKMGXhTQTmbf6gMPaKpzEItCperpbR6uzYlGP…

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Kenya opens door to foreign telecoms investors
by John Maina 13 Oct '08

13 Oct '08

----- Forwarded Message ---- From: nmatunda <matunda(a)hotmail.com> To: picta-kenya(a)yahoogroups.com Sent: Sunday, October 12, 2008 3:14:36 PM Subject: [picta-kenya] Re: Kenya opens door to foreign telecoms investors Mike, I am with you 200% on this. Every country must always act in its self-interest; this move by the PS is deplorable and not in line with long term Kenyan interests, especially in as a lucrative area as ICT. In my books, we invite foreigners for such things as (a) financing (which by the way Kenyans have shown can be raised locally), (b) operations and management experience & knowledge transfer, (c) relationships that we can leverage through any such joint ventures, etc. Joint ventures can also cushion enterprises from predatory illegalities, especially given our weak legal dispute resolution structures! Of the latter, remember when heads of state corporations used to queue up with money bags to state house to prop up the Moi excesses! Or when companies could be shaken down for political donations at a whim! For me, a good (not ideal!) joint venture is one of the kind that Kenya Airways went into with KLM, when KA had been run down by politically connected individuals. KLM brought in management and operations experience, facilitated KA's access to markets and routes that KA otherwise couldn't easily access and in the process the KA brand rose, as did profits and more! The investment has paid well for Kenyans and KLM; a win-win. There is a lesson to be learnt from the current American financial crisis with respect to experiences in Canada. This country has been under pressure to deregulate its financial services sector for the longest time. Banks have argued that they needed mergers to allow them to compete globally; and that they needed global partners that would help them grow and extend their reach. Canadian government have constantly refused mergers or the kind of deregulation the industry sought! Their argument: the interest of the common person whose priority banks should be. Guess what? In the present crisis, Canada has come substantially well ahead of the US and others. And for what reason: they stood against unfettered deregulaion! and they stood up for the interest of Canadians. I ask all yee this question: who is standing for the interest of Kenyans in this open invitation to exploitation? Dr Ndemo needs to be stopped, I am afraid! Unedited. Matunda Nyanchama --- In picta-kenya@ yahoogroups. com, "matunda25" <matunda@...> wrote: > > > --- In picta-kenya@ yahoogroups. com, "matunda25" matunda@ wrote: > > > > > > --- In picta-kenya@ yahoogroups. com, "Mike Theuri" mike.theuri@ > > wrote: > > > > > > Once again the PS uses the Econet fiasco to put foreigners ahead of > > Kenyans > > > while failing to acknowledge that the failure to pay by Econet was a > > result > > > of failure within his own docket and the regulator. Ndemo and the > > regulator > > > illegally licenced an operator whose financial books were in the red > > and > > > that by extension it was obvious that there was no sane bank that > > would > > > have funded the local component of the consortium if the foreign > > component > > > was in such poor financial health. The regulator simply failed to > > conduct > > > its fiduciary duties to the Kenyan public by failing to conduct > proper > > due > > > diligence on the licencee. > > > > > > A sworn affidavit by the Econet CFO backs these facts when it states > > that > > > the company had no money to the extent that an unscrupulous european > > vendor > > > (acting in an anti-competitive manner possibly contrary to EU > > anti-trust > > > regulations) sold equipment worth $15m for $15,000 which was the > only > > way > > > the licencee could go to a bank to present an "asset" as their > balance > > sheet > > > was useless in this regard (see extract of affidavit page 13, item > > 17.1). > > > > > > These are the types of foreigners the PS is so eager to fight for at > > the > > > expense of the progression of indigenous Kenyans. The PS blames > > ordinary > > > Kenyans but conveniently forgets that some well known international > > > operators pulled out of the SNO tender without submitting a bid > > because of > > > the known shenanigans of public relations exercises where a winner > is > > > already known long before a tender is announced. > > > > > > How does Kenya stand to gain when investors are 100% foreign? Are > they > > > Kenyans masquerading as foreigners mobitelea style waiting to > receive > > the > > > licence he plans to issue in 18 months? Are they the Libyans Ndemo > > > promised access to the Kenyan economy when he signed away access to > > the > > > Kenyan economy? Countries such as India which the PS fondly refers > to > > as > > > newly industrialized countries demand that foreign investors engage > in > > joint > > > ventures with local companies particularly in key sectors such as > ICT. > > > > > > Today, India's Tata is a well known brand as a result of such > forward > > > thinking policies that result in the transfer of knowledge and > > technology, > > > not to mention indigenous wealth creation. > > > > > > Who are the foreigners the PS is eager to let into the country? He > > seems > > > star struck with foreigners unfortunately, considering his signature > > was > > > amongst those that signed the agreement that brought Libyans into > the > > > country. > > > > > > In 2006 Justice Ibrahim Mohammed ruled that the Econet licence > > remained > > > cancelled, but the PS continues to blantantly bulldoze the way for > > > foreigners by trampling all over a bonafide court ruling (attached) > > which > > > is sympomatic of the culture of impunity that the PS' actions > embrace. > > > > > > This is the same case that the PS attempts to mislead the public was > a > > case > > > that was settled. How would the government be settling a case in > which > > a > > > Judge had already issued a final ruling? Is the PS telling the > public > > he is > > > above the law? Another fallacy put forward is that the case was > > between KNFC > > > and Econet, it is quite clear that the case was between Econet and > the > > > Government and the Government (including the regulator) won a ruling > > that > > > stated that the Econet licence remained cancelled. So which licence > > are > > > Econet operating on? There was only one gazettement ever done in the > > history > > > of the licence, so there can only be one licence that a court of law > > > ruled was to remain cancelled. > > > > > > At times one could be forgiven for thinking that the PS is a foreign > > agent > > > working for the interests of foreign paymasters. The Safaricom IPO > > proved > > > once and for all that local investors have the means and capacity to > > invest > > > in the right ventures if the playing field was leveled and special > > interests > > > were kept to the sidelines. Instead the PS would like to paint > Kenyans > > as > > > hapless investors who must look to foreigners to increase their > > already > > > strong stranglehold on the Kenyan economy. > > > > > > --------- > > > > > > Several agreements between the two nations accorded Libya > preferential > > > access to > > > invest in Kenya's oil and hotel sectors and guaranteed legal > > protection of > > > acquired properties. > > > > > > Murungi and Information PS Bitange Ndemo signed the agreement > > proposing to > > > allow > > > Libyans to buy and upgrade the refinery, establish a new pipeline > > between > > > Nairobi and Mombasa and build storage and handling facilities for > > Liquified > > > Petroleum Gas. > > > > > > They also signed a memorandum promising to consider Libya Africa > > Investment > > > Portfolio (LAP) and its subsidiaries' bids to buy the Grand Regency > > Hotel > > > and > > > co-own now sold Telkom Kenya and The East Africa Marine System > (TEAMS) > > fibre > > > > > > optic project. > > > > > > http://www.eastanda rd.net/InsidePag e.php?id= 1143990641&cid=4 > > > > > > > > > http://africa. reuters.com/ business/ news/usnJOE4950W H.html > > > Kenya opens door to foreign telecoms investors > > > Mon 6 Oct 2008, 12:58 GMT > > > > > > [-] Text [+] By Duncan Miriri > > > NAIROBI (Reuters) - Kenya will scrap a law requiring foreign > telecoms > > > investors > > > to have local partners because it has choked funding for the > > fast-growing > > > sector, the government said on Monday. > > > > > > Previously, foreign firms that wanted to invest in telecoms projects > > in east > > > > > > Africa's biggest economy needed to find Kenyan partners who would > own > > > between > > > 20-30 percent of any venture. > > > > > > "This rule is messing us up in terms of investments. There are > large > > > companies > > > which want to invest in this country without partnering with other > > > individuals, " Bitange Ndemo, permanent secretary at the Information > > > Ministry, > > > said in an interview. > > > > > > "We must do everything to bring more foreign direct investment to > this > > > country," > > > he told Reuters. He did not give a date when the change would come > > into > > > effect. > > > Ndemo said the government was considering issuing another mobile > > operator > > > licence in about 18 months time. > > > > > > "We want those who are in place to recoup their investments, and at > > the same > > > > > > time we will study the market and see whether it is working > > efficiently, " he > > > > > > said. > > > > > > Kenya's Safaricom is the market leader followed by Kuwait's Zain. > The > > only > > > fixed-line operator, Telkom Kenya, which is majority owned by France > > > Telecom, > > > launched mobile operations last month under the Orange brand. > > > A fourth licensee, Econet Kenya, is expected to launch its service > in > > > November. > > > Ndemo said competition was driving down prices for consumers and > > encouraging > > > > > > providers to expand coverage quickly. > > > > > > "That is why we predicted that in the next three years we would have > > more > > > than > > > 60 percent penetration rate, and that would be the highest in > Africa," > > he > > > said. > > > He said there were now 14 million subscribers in Kenya, out of a > total > > > population of about 36 million. > > > > > > __._,_.___ Messages in this topic (4) Reply (via web post) | Start a new topic Messages | Files | Photos | Links | Database | Polls | Members | Calendar Change settings via the Web (Yahoo! ID required) Change settings via email: Switch delivery to Daily Digest | Switch format to Traditional Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe Recent Activity * 2 New MembersVisit Your Group Moderator Central Get answers to your questions about running Y! Groups. Learn to live a full life with these healthy living groups on Yahoo! Yahoo! Groups Special K Challenge Join others who are losing pounds. .. __,_._,___

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Praemonitus praemunitus
by Gakuru Alex 12 Oct '08

12 Oct '08

Latin for "Forewarned is forearmed" This message is solely meant to help *all* information consumers. To assist their defense against majambazi na maharamia was mtandao They hide behind "anonymous" email features. They are afraid of public meeting....never show up.... A month ago I gave a talk "Social Implications of Modern Communication Technologies" at a conference and below are excerpts and added my advice and tips ----excerpt-- - emails are typed away and sent so fast - mass circulation and forwarding ability - have potential to cause immense anxieties - email "stalking" after participation in public mailing lists - more recent trend of faked online e-identities - to plant other/self-motive interests in online fora/discussions - hiding behind "anonymous" technologies convenience. --excerpts-- -My Advice? - Until you verify they exist, refer to *hot* new 'unknown' subscribers as 'John Doe', - Ask technology experts, for example , skunkworks, to analyse suspicious messages origins, - Diaspora purporting 'John Doe' ALAS! could be sending messages from inside here in Kenya - email messages carry along and shows IP addresses of the route they traveled:) - We remember netiquette guidelines (www.ietf.org/rfc/rfc1855.txt) - All else failing, dump bad eggs, bad apples, etc where they belong --ends-- Have a peaceful Sunday and happy new week:) Regards, Alex

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Re: [kictanet] Solving Flareups Nole Prosequi
by mwananchi＠hushmail.com 11 Oct '08

11 Oct '08

PS Ndemo's persistent interference with and ignorance of court rulings and proceedings that involve the ICT sector are not the only issues that have been raised. http://rapidshare.com/files/152947988/final_court_ruling.pdf "We are not going to be held at ransom by court cases" - PS Ndemo, vowing to disrespect the Judiciary The Standard, February 21 2006 "Telecom Sector Braces for More Radical Changes" We will not be silenced, not through cowardly anonymous threats, bribes, phone tapping or retrogressive acts so that we become the proverbial ostrich that buries its head in the sand to pretend that it cannot see the dangerous lion that's next to it. It is rather foolish and retrogressive to pretend that PS Ndemo's arbitrary policies, the same ill conceived policies that deter local investors from entering the ICT sector and put foreigners ahead and which retrogress the efforts of indigenous Kenyans are good for the country, the same interferences that deter the judiciary from independently carrying out its work in disputes involving the ICT sector. Right things cannot take place at the right place when PS Ndemo is busy trampling binding and final court rulings at the behest of vested interests and turning around to mislead the ICT fraternity that cases that have been long concluded in the Government's favour are still ongoing! That is what one calls retrogressive! Peterson On Sat, 11 Oct 2008 07:33:09 +0000 Barrack Otieno <otieno.barrack(a)gmail.com> wrote: >Better still, let court battles be fought in courts, we are >talking >about doing the right thing at the right place Bill. This kind of >debate does'nt add any value to the ICT sector let alone the list. >At >best, it is retrogressive >Regards > >On Fri, Oct 10, 2008 at 11:16 AM, Gakuru Alex ><alexgakuru.lists(a)gmail.com> wrote: >> Bill, >> >> I repeat, if the only contributions one ever makes are anti- >consumer >> mailing list objectives, principles, and values. Negative to the >> extent that they distractive and destructive hard-won gains and >long >> established list engagement principles and >> framework. Outbursts that cost the list humble and loyal >subscribers. >> >> We have not build what we have today easily and shall not allow >> *anyone* to use it as platform to advance unclear private >interests. >> >> I promise you I will suspend (and if need be unsubscribe) such >an >> individual very fast and without a flinch. The decision or >action and >> the necessitating circumstances are communicated openly to avoid >your >> alluded "officially instigated" fears. This also removes gaps >for >> credibility tarnishing - we have losts of experience in that >area... >> >> Regards, >> >> Alex >> >> >> On Fri, Oct 10, 2008 at 10:45 AM, Bill Kagai ><billkagai(a)gmail.com> wrote: >>> On Thu, Oct 9, 2008 at 12:18 PM, Gakuru Alex ><alexgakuru.lists(a)gmail.com> >>> wrote: >>>> >>>> Hustler, >>>> Therefore, my openly announced decision to suspend discussants >was >>>> based on this line of though/argument. I am not sorry for it >and >>>> re-state nor have the stomach to allow *any such distractions* >to come >>>> in the way of diverting valued "information consumers" >attention view >>>> and best-interests pursuit. >>> >>> Alex, >>> This statement coming from a self confessed consumer rights >advocate does >>> indeed catch my attention. It is dictatorial and akin to >'playing god' and >>> gagging flow/freedom of information. >>> >>> If u allow me to suggest a good read, pls re-visit the Akiwumi >Report and >>> you will realise that this attitude of fearing the truth and >solving >>> problems has been a fundamental impediment to our development. >Thats why I >>> laud how Daktari boldly clarified his position (whether we >agree with it or >>> not) rather than taking the route earlier suggested by >many...that this is >>> not the forum nor the channel to discuss a key ICT issue. >>> >>> Fear of/for truth/information made the old 'Special Branch' >infamous, but >>> today we look at Nyati and Nyayo Houses with mixed relic >reflections. I >>> mean...if we see the Director General of NSIS appearing in >public inquiries >>> such as Okemo's and Waki's to help in establishing truth, how >can some ICT >>> leaders in this list drag us back to information gagging and >side-stepping >>> issues in the pretext of lacking mandate?? >>> >>> Its food for thought...I can go on and on.... >>> >>> >>> _______________________________________________ >>> kictanet mailing list >>> kictanet(a)lists.kictanet.or.ke >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >>> This message was sent to: alexgakuru.lists(a)gmail.com >>> Unsubscribe or change your options at >>> >http://lists.kictanet.or.ke/mailman/options/kictanet/alexgakuru.lis >ts%40gmail.com >>> >>> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: otieno.barrack(a)gmail.com >> Unsubscribe or change your options at >http://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack >%40gmail.com >> > > > >-- >Barrack O. Otieno >ICWE Africa LTD >P.o. Box 746 >Nairobi 00100 >Tel: >+254721325277 >+254726544442 >+254202343960 >www.icwe.co.ke >http://projectdiscovery.or.ke >National Bank Building >Harambee Avenue 12th Floor > >_______________________________________________ >kictanet mailing list >kictanet(a)lists.kictanet.or.ke >http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >This message was sent to: mwananchi(a)hushmail.com >Unsubscribe or change your options at >http://lists.kictanet.or.ke/mailman/options/kictanet/mwananchi%40hu >shmail.com -- Inventors: Does your idea have potential for millions? Click for info. http://tagline.hushmail.com/fc/Ioyw6h4dkcm4URk7LoeifzUW1781c0yV3E0GOalorO9u…

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Re: [kictanet] Solving Flareups Nole Prosequi
by Barrack Otieno 11 Oct '08

11 Oct '08

Better still, let court battles be fought in courts, we are talking about doing the right thing at the right place Bill. This kind of debate does'nt add any value to the ICT sector let alone the list. At best, it is retrogressive Regards On Fri, Oct 10, 2008 at 11:16 AM, Gakuru Alex <alexgakuru.lists(a)gmail.com> wrote: > Bill, > > I repeat, if the only contributions one ever makes are anti-consumer > mailing list objectives, principles, and values. Negative to the > extent that they distractive and destructive hard-won gains and long > established list engagement principles and > framework. Outbursts that cost the list humble and loyal subscribers. > > We have not build what we have today easily and shall not allow > *anyone* to use it as platform to advance unclear private interests. > > I promise you I will suspend (and if need be unsubscribe) such an > individual very fast and without a flinch. The decision or action and > the necessitating circumstances are communicated openly to avoid your > alluded "officially instigated" fears. This also removes gaps for > credibility tarnishing - we have losts of experience in that area... > > Regards, > > Alex > > > On Fri, Oct 10, 2008 at 10:45 AM, Bill Kagai <billkagai(a)gmail.com> wrote: >> On Thu, Oct 9, 2008 at 12:18 PM, Gakuru Alex <alexgakuru.lists(a)gmail.com> >> wrote: >>> >>> Hustler, >>> Therefore, my openly announced decision to suspend discussants was >>> based on this line of though/argument. I am not sorry for it and >>> re-state nor have the stomach to allow *any such distractions* to come >>> in the way of diverting valued "information consumers" attention view >>> and best-interests pursuit. >> >> Alex, >> This statement coming from a self confessed consumer rights advocate does >> indeed catch my attention. It is dictatorial and akin to 'playing god' and >> gagging flow/freedom of information. >> >> If u allow me to suggest a good read, pls re-visit the Akiwumi Report and >> you will realise that this attitude of fearing the truth and solving >> problems has been a fundamental impediment to our development. Thats why I >> laud how Daktari boldly clarified his position (whether we agree with it or >> not) rather than taking the route earlier suggested by many...that this is >> not the forum nor the channel to discuss a key ICT issue. >> >> Fear of/for truth/information made the old 'Special Branch' infamous, but >> today we look at Nyati and Nyayo Houses with mixed relic reflections. I >> mean...if we see the Director General of NSIS appearing in public inquiries >> such as Okemo's and Waki's to help in establishing truth, how can some ICT >> leaders in this list drag us back to information gagging and side-stepping >> issues in the pretext of lacking mandate?? >> >> Its food for thought...I can go on and on.... >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: alexgakuru.lists(a)gmail.com >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/alexgakuru.lists%40gma… >> >> > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: otieno.barrack(a)gmail.com > Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail… > -- Barrack O. Otieno ICWE Africa LTD P.o. Box 746 Nairobi 00100 Tel: +254721325277 +254726544442 +254202343960 www.icwe.co.ke http://projectdiscovery.or.ke National Bank Building Harambee Avenue 12th Floor

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Re: [kictanet] Malaysia/Policy Clarifications
by Eric M.K Osiakwan 10 Oct '08

10 Oct '08

Well said Bwana Ndemo, If others can learn from us and advance their cause then we can too, Africa CAN. I believe alot in the champion approach which is that if one country gets it right, the others would follow and i may be wrong but am strongly convinced that Kenya has the mantle in our time to shoot off and stand tall for all other African countries to follow. I pray Kenya does not disappoint destiny. Eric here On 10 Oct 2008, at 21:10, bitange(a)jambo.co.ke wrote: > Dear Eric, > Thanks for your comments. The current Malaysian Prime Minister was > among > the delegation in 1972 that came to Kenya and other African > countries to > learn the magic of growing an economy at rate of 7%. They were > shocked to > visit cities in Africa that had no shanties. They grabbled with > the issue > of poverty, disease and ignorance. The poverty level here is at 3% > and > every Malaysian has a house. Their ICT corridor is 70Km long and > 30 Km > wide. They are now working on a biotechnology corridor which shall be > even bigger than the ICT one. > > In meetings to chart the way forward on these projects, the > attendance is > greater than 95%. Contrast this with our Africa. We call meetings to > discuss policy and you hadly see anybody but when it comes to > criticism > everybody has something to say. More often in the negative. A good > example is the policy proposals that I have made here. Peterson is > already criticizing and saying the Government should ... strike a > balance. > Should we be asking where our problems are? We are simply too > argumentative and have fallen flat on our bellies when it comes to > responsibility. > > We do not need to reinvent the wheel, we simply have to learn what the > Newly Industrialized Countries (NICs) did. They allowed the MNCs but > ensured that components were manufactured locally. The backward and > forward linkages enabled them to develop sufficient confidence to > go it > alone. The assembly of Motor Vehicle industry in Kenya had > attained 60% > local content before it slid. In 1985 we attempted to make a local > car, > Nyayo. Incidentally, that is the same year the Malaysians started > their > Proton. The initial production both in Malaysia and Kenya were so > expensive that we ridiculed our Nyayo car to oblivion. Malaysians > on the > other hand knew they had a learning curve to go through in order > cut the > cost. Today we import the Protons to Kenya. Our technicians from > General > Motors helped India with the Tata and Mahindra but we still have > not quite > gotten it correct. I have always wondered whether God made us > perpetual > pessimists? > > Had we trusted ourselves even by a tinge, we could very easily be > competing with Japanese or better. The situation is not getting any > better since it is common to see 40 year old men living with their > parents. Are we really creating independent minded Kenyans who can > change > this country or Africa for that matter? These are the people who make > comments on subjects they have no idea in. > > > Eric I worry a lot for our continent. Per harps I shouldn't. > > Regards > > > Ndemo. > > > ---------------------------------------------- > This message has been scanned for viruses and > dangerous content by Jambo MailScanner, and is > believed to be clean. > --------------------------------------------- > "easy access to the world" > > Eric M.K Osiakwan ICT Integrator Internet Research www.internetresearch.com.gh emko(a)internetresearch.com.gh 42 Ring Road Central, Accra-North Tel: +233.21.258800 ext 2031 Fax: +233.21.258811 Cell: +233.24.4386792

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 10 Oct '08

10 Oct '08

Dear Eric, At the end of the day, Kenyans only want the best for our nation. Kenyans certainly are not against beneficial foreign direct investment and welcome it provided it is conducted under policies that result in a win-win situation for Kenyans and the investor. Unfortunately the country's policies particularly those being fronted now do not reflect that wish, which is why it is important that the Government pay attention to what local and would be international investors are saying and strike a balance that is a win-win for both. In your case, had PS Ndemo stuck with his proposal that he made in 2007, Internet Research would not be experiencing any hurdles. The local component would also have been preserved in a manner not detrimental to your company. I hope that PS Ndemo will address the issue of your company. Kenya as an African country should not be deterring Kenyan or any other African investors who are credible and who operate and respect our laws and institutions instead of trampling them underfoot and in the one case that has been mentioned, deliberately failing to meet their obligations for over 4 years. These are the same types of investors who have been rejected by Altech, the nations of Papua New Guinea, Malawi, Nigeria. The same characters who failed to meet their licence obligations for years in New Zealand and were lucky to get token percentage ownership of what was left when credible investors took over and who in Lesotho have been engaged in tax and roaming link frauds. http://rapidshare.com/files/152715858/fraud_in_lesotho.pdf They finally found a safe haven to land in Kenya embraced by a culture of impunity where it does not matter if you meet your obligations or if you operate with cancelled licences provided powerful vested interests pave and coerce the way for you. When we reject investors whom we know such as Eric and embrace undesirable investors instead, it shows why we precisely are lagging behind in FDI. Indeed if Kenya gave investors 5 years as it did in this particular case to pay licencing fees, the country would be overwhelmed with numerous investors. As the occassion of Moi Day graces us today, the Moi government despite its many flaws was quick to realize what type of animal this was and correctly rejected them not just once but twice. Peterson On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan" <emko(a)internetresearch.com.gh> wrote: >Dear Peterson, > >Thanks for establishing a set of facts and am sure the right >people >would respond to the issues you have riased. I hope the discussion > >would continue on a factual basis and not degenerate. > >I want to also present one set of facts regarding my participation >in >the TEAMS project. My company, Internet Research went through the > >entire process and indeed qualified to be allocated shares but at >one >of the proposed shareholders meeting, the issue of local ownership > >came up. > >Majority of the proposed shareholders at that meeting made the >argument that Kenyan tax payers money was being used to >"underwrite" >the risk associated with the project so only local operators or >companies which meet the local ownership structure should be >allowed. >My company and a few others which did not meet the criteria >establish >at that meeting, gracefully exited. > >My lawyers represented me at the said meeting and further on, the > >explanation of local operators meant East African companies which > >again, i did not qualify to. Now, while i really wished i was part >of >the project, i did see much reasoning in the principles >established. >However my other company which had majority Kenyan ownership got >allocations and is since part of the TEAMS shareholders. > >Eric here > > >On 10 Oct 2008, at 06:10, mwananchi(a)hushmail.com wrote: > >> John, >> >> Dr. Bonny Khalwale on Wednesday in parliament as Chairman of the >> Parliamentary Accounts Committee in Parliament questioned why >the >> Government, presumably through the Info. and Comm. and other >> related dockets was jeopardising our national security by >selling >> shares in the telecoms sector to foreigners. >> http://www.nation.co.ke/News/politics/-/1064/478582/-/ywrqttz/- >> /index.html >> >> Dr. Khalwale was obviously not aware of PS Ndemo's latest and >> seemingly hurried initiative to abolish local shareholding >> requirements in the ICT sector and it should no doubt be brought >to >> Parliament's attention and the public's notice. >> http://africa.reuters.com/business/news/usnJOE4950WH.html >> >> It is time PS Ndemo presented himself in his official capacity >to >> Kenyans before the Parliamentary committee and named the foreign >> companies that have threatened not to invest in Kenya because >they >> cannot allegedly partner with Kenyans! Kenyans should never >condone >> blackmail, let alone from foreigners whose sole goal is to make >hay >> while the sun shines from Kenyans without engaging in knowledge >and >> technology transfer, indigenous wealth creation and other >derived >> benefits that newly industrialised countries (China, India etc) >> have reaped from enforcing local ownership requirements. >> >> It is time such critical decisions that affect the nation were >> taken out of the hands of individuals who through possibly >coerced >> strokes of pens to gazettements seriously compromise the >nation's >> march to progression in indigenous ownership of sectors of the >> economy. Such critical decisions should belong in the hands of >> Wananchi through Parliamentarians who should debate and ratify >such >> critical and arbitrary gazettements. >> >> Recently we saw the results of ill advised policies that favour >> foreigners at the expense of indigenous Kenyans. We saw >Safaricom's >> share price become thoroughly depressed by foreigners who were >in a >> rush to dump the shares. The greatest sufferers were local >> investors many of whom were already short changed with their >paltry >> 21 percent share allocation. Yet the powers that be, sought to >> favour foreigners who have no allegiance to the nation at the >> expense of Wananchi. >> >> What has PS Ndemo done to improve and increase local ownership >in >> the ICT sector before concluding that such efforts and >approaches >> were futile and that Kenyans were useless investors? If Ndemo >truly >> had the interests of Kenyans at heart he wouldn't be putting >> foreigners ahead of Kenyans! Similarly why has Ndemo been >appending >> his signature to documents that favour Libyans amongst other >> foreigners that undermine Wananchi while holding a public office >> that demands maintaining public trust and protecting public >> interest? >> http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4 >> >> The Law regarding Acting on behalf of foreigners interests: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12838 >> >> Why is PS Ndemo purporting to fix what is not broken? Kenya >> recorded a 1330% increase in FDI in 2007, perhaps PS Ndemo could >be >> excused for the oversight at the time of his arbitrary >> pronouncement. Surely something must be working right.. >> >> http://africa.reuters.com/country/TZ/news/usnLO172755.html >> The report showed that FDI to Kenya rose to $728 million in >> 2007 compared with $51 million in the previous year, a rise >> of close to 1,330 percent. "Kenya's FDI increased due to >> large privatisation sales in the telecommunications industry >> and investment in railways," Naiko said. >> >> The Econet sham has been misused repeatedly by PS Ndemo as the >> reason for his rationale in first reducing local shareholding >> requirements from 30%, down to 20% and now to his envisioned >ZERO%. >> Instead of looking at the root cause of the matter which are >> unfavorable policies towards local investors, a hostile lending >> environment towards startups, poor vetting, poor tendering >> procedures, poor due diligence and irregularities by the >regulator >> and reforming those, he appears keen to lambast and blame >anything >> and everything else on Wananchi rather than address the root >causes >> by instituting and promoting professional changes and >improvements >> in the afflicted public institutions. Indeed how did bankrupt >KNFC >> and Econet meet the US$100m threshhold of turnover for tendering >> when Deloitte and Touche audited accounts show Econet's largest >> operation (before they were bundled out of Nigeria for not >having >> paid for their shares) having a turnover then of a mere US$8 >> million and KNFC's total assets valued at Ksh 20million as of >2006? >> The poor financials and the exercise of due care in conducting >due >> diligence by the regulator are the reasons why the licence fee >> could not be paid to the GK within the proscribed period and it >has >> nothing to do with the vast majority of local investors whom >Ndemo >> is trying to vilify. PS Ndemo and Treasury should let the public >> know if Econet has forfeited and paid in full its US$1.3 million >> bid bond to the exchequer for failure to pay the licence fees in >> cash as required: >> >> Audited Financials: >> http://rapidshare.com/files/152242139/Financials.pdf >> Miscellaneous: >> http://rapidshare.com/files/152242138/NjiriSA.pdf >> http://rapidshare.com/files/152242137/EconetSA.pdf >> >> For all we know PS Ndemo could have been misled by vested and >> powerful interests in the matter. Naturally the principles of >> justice dictate that he ought to be given the accordance of the >> benefit of doubt but if his deliberate actions show otherwise >then >> the wheels of justice must run their course. If it takes 14 >years >> as it did for the eventual trial and judgement of Oluga and >Somaia >> for fraud against the Republic, then so be it. >> >> This is why if Ndemo is indeed innocent, he should not hesitate >to >> speedily request KACC, the CID, Kenya's numerous independent >anti- >> corruption organisations, any willing international partners >with >> forensic investigation capacities, members of the public to work >> towards investigating the matter. It is also important that the >PS' >> accomplishments on behalf of the nation are not blighted by a >few >> but serious malfeasances if he was indeed misled. PS Ndemo's >> involvement in the matter is a serious issue considering what >the >> law states about deliberately subverting directives and rulings >> such as the Minister's cancellation of the licence, given that >> deliberate ignorance of court rulings and Ministerial >cancellations >> is classified under law as fraud. >> >> The law as regards Misleading the public: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12843 >> >> Section 354 of Chapter XXXV (Miscellaneous Offences Against >Public >> Authority) of the Laws of Kenya: >> >> “ANY PERSON WHO KNOWINGLY UTTERS AS AND FOR A SUBSISTING >> AND EFFECTUAL DOCUMENT ANY DOCUMENT WHICH HAS BY ANY >> LAWFUL AUTHORITY BEEN ORDERED TO BE REVOKED, CANCELLED >> OR SUSPENDED, or the operation of which has ceased by >> effluxion of time, or by death, or by the happening of >> any other event, is guilty of an offence of the same >> kind, and IS LIABLE TO THE SAME PUNISHMENT, AS IF HE HAD >> FORGED THE DOCUMENT,” >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=9961 >> >> Amos Wako as the AG should let Kenyans know whether he was >> consulted by PS Ndemo, what his legal opinion was if any, by >> releasing the relevant correspondence, and if so, what rationale >he >> employed in purporting to settle a case the Government had >already >> won through a final court ruling! >> >> Judge's final Ruling upholding cancellation of licence: >> http://rapidshare.com/files/152242136/Econet_v_Minister.pdf >> >> video of PS Ndemo personally signing the sham "settlement >> agreement": >> >http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4 >> >> Laws of Kenya regarding the Giving of advice: >> >http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHi >s >> toryID=12842 >> >> AG Wako has shown previously that in matters where the >Government >> will ultimately prevail, the Government will not hesitate to >uphold >> the public interest even where the outcome could embarrass the >> executive as was the unprecedented case of Kenya Duty Free v GK >> where the Government's winning defence was that the former >> President had taken a US$2 million bribe from the applicant. >> >http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1 >0 >> 19 >> >> It is an inescapable fact that PS Ndemo seems to wish away that >the >> Econet licence was Scandal number 10 in Edward Clay's list of 20 >> scandals committed against the nation: >> http://rapidshare.com/files/152246719/20Scandals.pdf >> >> What happened to Ndemo's rather reasonable previous requirement >in >> 2007 about local ownership, did vested foreign and "local - >> Mobitelea like" interests twist his arm and coerce him to change >> his mind?? >> >> What we are saying is that a foreign investor needs time to >> (get to) know whom he can work with," Ndemo says. "In three >> years he can do a private placement or in five years do an >> IPO (initial public offering) or introduce employee option >> plans, but they must give 30 per cent to locals." >> >> The issues are very simple, Ndemo should come clean and cease >> condoning and abetting the commission of illegal acts against >the >> public trust and interest that involve a permanently CANCELLED >and >> thus null and void license; open the matter to public scrutiny >and >> investigation and mostly importantly it is his duty as a Kenyan >to >> find constructive ways of promoting indigenous Kenyan ownership >> instead of working day and night to find ways to increase >ownership >> by foreigners at the expense of Wananchi. It is indeed absurd >that >> when Mama Mboga attempts to make a living without having a valid >> licence, she will certainly face the wrath of askaris, how >> foreigners can blantantly walk into Kenya, disenfranchise their >> local component with blessings from vested interests and when >their >> licence is cancelled continue to operate without a valid licence >> and without a new tender being called reeks of impunity at best. >> >> When 48 members of Parliament in 2003 rose up to be counted, >they >> surely knew what the animal they were pointing out, the same >animal >> that now disrespects Kenyan institutions as it continues to run >> around while flashing a long cancelled and now null and void >> licence as part of a grand and colossal fraud. >> http://www.telegeography.com/cu/article.php?article_id=2030 >> >> Peterson Olale >> >> On Thu, 09 Oct 2008 15:59:44 +0000 John Maina ><j.maina(a)ymail.com> >> wrote: >>> Brian >>> >>> We dont dispute that. >>> >>> We are asking about the fact that the government is ignoring >court >>> injuctions which were shown there >>> >>> Why ignore court cases? >>> >>> JM >>> >>> ----- Original Message ---- >>> From: Gakuru Alex <alexgakuru.lists(a)gmail.com> >>> To: j.maina(a)ymail.com >>> Cc: kictanet(a)lists.kictanet.or.ke >>> Sent: Thursday, October 9, 2008 4:54:50 PM >>> Subject: Re: [kictanet] Econet Haters.... :-D >>> >>> Brian, >>> >>> As kictanet chairman with all the 'forum powers', I honestly >feel >>> that it is unfair for you to drag on this conversation at least >>> from a >>> "fair play" perspective.... >>> >>> If you choose not to kill the thread, at least you should avoid >>> being >>> a discussant? >>> >>> regards, >>> >>> Alex >>> >> >> -- >> Click now for fast, reliable freight services! >> http://tagline.hushmail.com/fc/ >> Ioyw6h4c9uglgm0nbIOqilxqN6aFkwmGgX3I12EQDEHE2v5xWXwRnE/ >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: emko(a)internetresearch.com.gh >> Unsubscribe or change your options at >http://lists.kictanet.or.ke/ >> mailman/options/kictanet/emko%40internetresearch.com.gh > >Eric M.K Osiakwan >ICT Integrator >Internet Research >www.internetresearch.com.gh >emko(a)internetresearch.com.gh >42 Ring Road Central, Accra-North >Tel: +233.21.258800 ext 2031 >Fax: +233.21.258811 >Cell: +233.24.4386792 -- Click here to find the perfect picture with our powerful photo search features. http://tagline.hushmail.com/fc/Ioyw6h4dI2fuieHUs9u60CARmGzNKq95mRuRCufOKcZ4…

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