October 2008 - KICTANet

India's Draft Innovation Law
by John Maina 10 Oct '08

10 Oct '08

http://www.wananchiforums.com/showthread.php?p=3445#post3445

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Re: [kictanet] Malaysia/Policy Clarifications
by Bill Kagai 10 Oct '08

10 Oct '08

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" > >

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Solving Flareups
by Gakuru Alex 10 Oct '08

10 Oct '08

Hustler, As a foundation engagement principles factuality and best courteous are fundamentals. When the starting point is for *bizzare* example;) "X sleeps with Y's wife" (or vice-versa) then 'diplomatically' asking "defend yourself?" would be uncivil and pretentious democratic maturity. Accepting such tangents of engagement implies embedding hearsay 'free expression' on otherwise intelligent discussions. In fact, responding to as such framed types of accusations, whether correct or misplaced, qualifies them or at the very least honours or dignifies the accusations with an answer. I beleive one is better off rising above these attacks because they are not just below the belt, they are waaaay below if not from under the feet;) 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. Needless to say, don't we all know the havoc reckless and fast e-communications can cause? Ili hili liwe funzo kwa wanaochochea e-fitina. Regards, Alex PS: Note: I suspend *hot* discussants to cool off a little then I re-state, sawa? (in so far as ke-internet users list moderation is concerned) AG On Thu, Oct 9, 2008 at 11:26 AM, Bill Kagai <billkagai(a)gmail.com> wrote: > > On Thu, Oct 9, 2008 at 11:15 AM, John Walubengo <jwalu(a)yahoo.com> wrote: >> >> The point is that as an ICT online forum, we are neither the Police, >> Anti-corruption Authority nor the Judiciary. >> >> Whether or not the accusations are true or false is really out of depth >> for this forum and members are encourage to seek the correct forum for the >> same. > > In other words, Kictanet consists a bunch of hoi polloi. We need to grow > balls otherwise, what's the point of being in a toothless list. Sometimes, > you do not wait to be given powers and roles....you create them for > yourself. > > _______________________________________________ > 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… > >

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www.voicesofafrica.org is LIVE
by Crystal Watley 10 Oct '08

10 Oct '08

http://www.voicesofafrica.org <http://www.voicesofafrica.org/>/ Our new website is LIVE and we are proud to launch it to the world! I hope you will find it as amazing as we do. It is a work in progress and we are hoping for feedback. Please, please just donate ten minutes of your time and join. If you have an extra ten minutes, maybe waiting for a download, start a blog. Please post your research and your stories. It is intended to bridge the digital divide and to eradicate poverty through sustainable development. I know that everyone has something to say. When you are on the site check out our three proposals. Two are model telecentres and the third is an ICT4D training school. I want to thank those of you who have helped us to achieve this victory. To those of you who have been waiting for an opportunity to help. This is it. And to those of you who have doubted us and been skeptical, thank you for your encouragement. It is through our trials we become stronger. P.S. If you find any bugs please report them to our exterminator extraordinaire, Andrew Ouko at andrew.ouko(a)gmail.com. Asante sana. Thank you. Many blessings, Crystal -- Crystal "Naliaka" Watley Project Director and Development Innovator Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi

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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

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?ContentHis 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?ContentHis 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?ContentHis 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?ContentHis 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=10 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/Ioyw6h4c9uglgm0nbIOqilxqN6aFkwmGgX3I12EQDEHE…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by Joseph Manthi 10 Oct '08

10 Oct '08

Dr NdemoThanks for the response. Its good to see you contributing to this discussion. You must understand the angst of Kenyans all over who took your pronouncements as decisions rather than a request for commends. Please clarify this: Are stating that the decision to allow foreign companies to operate in Kenya without local partners has not been made? Additionally are you also stating that your reported comments were nothing but a request for comments? Please let me know Joe On Thu, Oct 9, 2008 at 12:24 PM, <bitange(a)jambo.co.ke> wrote: > Dear Joseph, > I have never in my life shied away from my responsibility. It is my > responsibility to raise issues that are hurting the industry. Seeking > public views is not a crime. We are going through the discussion in order > to accomodate all views. I expected reasonable contributions. It is > important to note that since independence, we have never had to contribute > to policy making like we are doing it here now. > > > Have a diaspora day. > > Ndemo. > > > > CrystalThis is demeaning to Kenyans. You should stop discussing issues > > about > > Kenya unless you know what you are talking about. > > > > Grameen Bank and Telecom is a Bangladeshi company. Why shouldn't Kenyans > > own > > the major telecomms? Is there a law that states only foreigners can own > > these companies? > > > > Anyway I do not want to belittle this discussion by reading what > > foreigners > > think about Kenyans. Only Kenyans can solve Kenyan issues. > > > > I do not know what John is talking about (and I know John, unlike most of > > you who do not) and I am waiting to hear a response from PS Ndemo. I > think > > the least we can demand of our public servant is a fair hearing. Let Dr > > Ndemo speak for himself. And those who are just heckling should step > > aside. > > The Moi era when people just spoke good of people in power and never > > questioned their public actions (rather than private), and Dr Ndemo's > > pronouncement was a very public action, should be over. At least I hope > > so. > > > > I am looking forward to hearing Dr Ndemo pay us the honor of explaining > > his > > official action. This is serious business. We are talking about the > giving > > away of publicly owned rare resources. > > > > John et al and Brian et al - stop taking sides and making it personal. It > > is > > not personal, it is business. > > > > Joe > > > > On Thu, Oct 9, 2008 at 6:06 AM, John Maina <j.maina(a)ymail.com> wrote: > > > >> Crystal > >> > >> Cheap argument. So Kenya doesnt have small Telekoms? Please stop these > >> roadside mentality > >> > >> We have our small telkoms and know that however long it will take to > >> recover and get the crooks. We will get them > >> > >> JM > >> > >> > >> > >> ----- Original Message ---- > >> From: Crystal Watley <crystal(a)voicesofafrica.org> > >> To: Fred Okono <fredokono(a)cfsk.org> > >> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; > >> ke-users <ke-internetusers(a)bdix.net> > >> Sent: Wednesday, October 8, 2008 6:15:39 PM > >> Subject: [ke-internetusers] Re: [kictanet] PS Ndemo, ECONET Scandal aand > >> Vested Interests > >> > >> Kenyans CAN own their own telecom. There is a minority owned telecom in > >> the > >> US and it is huge in Bangladesh. There is no reason why someone couldn't > >> do > >> it in Kenya. > >> > >> Two questions: Who has the vision? Who has the funding? > >> > >> Minority Owned Telecom in the United States > >> > >> > http://money.cnn.com/magazines/fsb/fsb_archive/2006/12/01/8395123/index.htm > >> > >> Grameen Phone in Bangladesh > >> > >> http://www.grameenphone.com/index.php?id=68 > >> > >> Asante sana, > >> > >> Crystal > >> > >> There comes time in everyone's life, where they have to stop talking and > >> start doing.... > >> > >> > >> > >> On Wed, Oct 8, 2008 at 9:02 AM, Fred Okono <fredokono(a)cfsk.org> wrote: > >> > >>> Dear John, > >>> > >>> You are abviously a very angry person, shooting straight from the hip - > >>> the only redeeming quality of your anger being that on the face of it, > >>> it is > >>> inspired by a love of country. But can we keep it civil? > >>> > >>> Indeed Kenyans should own all our strategic and fundamental > >>> infrastructure, but nothing is wrong with seeking foreign back-up on > >>> our way > >>> to that rarefied goal. I'd rather we had fully foreign-owned > >>> enterprises > >>> operating locally, employing a large number of my compatriots, paying > >>> taxes > >>> to the government, creating greater consumer utility through > >>> competition and > >>> generating auxilliary business opportunities both upstream and > >>> downstream > >>> than have no such investments, locally owned or otherwise. > >>> > >>> And most importantly, there is no law stopping enterprising Kenyans > >>> from > >>> making future bids - WHOLLY KENYAN - for such opportunities! Like you > >>> rightly pointed out, the Safaricom IPO revealed our hunger for sound > >>> investments - what we seem to lack are inspired local entrepreneurs to > >>> harness this. We need more TransCenturies then we can effectively take > >>> on > >>> those foreign investors and competitors without need for extreme > >>> protectionist policies. > >>> > >>> As for PS Ndemo - he is one of our best. The very fact that he is part > >>> of > >>> and an occassional contributor to this forum speaks of his belief in > >>> transparency and accountability. And personal interraction with him > >>> reinforces this impression. Please let us not pull down and drag in the > >>> mud > >>> the few really good people we have! > >>> > >>> ** > >>> *Fredrick Okono ** * > >>> *Deputy Director* > >>> * > >>> ------------------------------ > >>> ** * > >>> *Computers for Schools Kenya * > >>> Semco Business Park | Unit 1, Mombasa Road | P.O. Box 48584-00100 | > >>> Nairobi , Kenya | > >>> Tel:254(0)202060919, Tel/Fax: 254 (0)20 2060920 Mobile > >>> (0)723-527106|Email:fredokono@cfsk.org <Email%3Afredokono(a)cfsk.org> < > mary(a)cfsk.org>|Website: > >>> www.cfsk.org > >>> > >>> > >>> ----- Original Message ----- > >>> *From:* John Maina <j.maina(a)ymail.com> > >>> *To:* fredokono(a)cfsk.org > >>> *Cc:* KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > ; > >>> ke-users <ke-internetusers(a)bdix.net> > >>> *Sent:* Wednesday, October 08, 2008 2:20 PM > >>> *Subject:* Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested > >>> Interests > >>> > >>> Nick > >>> > >>> You see that its only people like you who are in Kenya not to develope > >>> Kenya but to exploit are the ones supporting Ndemo. Crooks like him. > >>> You are > >>> known and even the BPO society know you as someone who is known not to > >>> support the general development and economic improvement of thee > >>> country. > >>> > >>> You are known as someone who even his own staff he has consistently > >>> paid > >>> poorly. When did Ndemo give Kenyans a chance to buy the companies and > >>> they > >>> said they couldnt? He wouldd rather go to Libya and go and make secret > >>> deals > >>> there. Am not suprised that you support him but know that no matter how > >>> long > >>> it takees. Kenyans will recover Kenya from looters like you > >>> > >>> JM > >>> ----- Original Message ---- > >>> From: nicholasnesbitt <nnesbitt(a)kencall.com> > >>> To: j.maina(a)ymail.com > >>> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; > >>> ke-users <ke-internetusers(a)bdix.net> > >>> Sent: Tuesday, October 7, 2008 7:13:01 PM > >>> Subject: Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests > >>> > >>> I agree totally. > >>> Sounds like someone needs to do something more productive than try to > >>> insinuate there is anything wrong here with Kenya becoming a more > >>> investor > >>> friendly and respectful environment.... Perhaps this person needs to > >>> put > >>> their own money where their mouth is and then they will get a very > >>> different > >>> perspective about how they would like their money to be used if they > >>> were to > >>> invest in anything substantial in Kenya... > >>> > >>> It is Econet's investors' money. It is not Kenya's money... > >>> > >>> Do we want the investment in Kenya, the competition, the jobs, the > >>> participation of Essar, or do we want to play a nationalistic game > >>> based on > >>> rich and passively investing Kenyans getting the lion's share of > >>> someone's > >>> investment in Kenya, just because they are powerful and the law > >>> mandates > >>> that they they should have a piece of someone else's hard earned > >>> investment? > >>> The wananchi wouldn't share in any Econet investment even if it were > >>> still > >>> required by the law to have a local partner, it would be some Mobiletea > >>> kinds of individuals who would slide up to Econet and scare them into > >>> partnering with the locals... just the same way as it always has been > >>> in > >>> Kenya and in such countries that adopt such market distorting and > >>> investment > >>> unfriendly policies... > >>> Bravo, Daktari Ndemo! > >>> > >>> > >>> Nicholas A. Nesbitt > >>> Chief Executive Officer > >>> KenCall EPZ Ltd > >>> P.O. Box 27507 - 00506 > >>> Sameer Industrial Park, Mombasa Road > >>> Nairobi, Kenya > >>> > >>> +254.20.660.2000 (office) > >>> +254.20.660.2222 (fax) > >>> +254.721.458.458 (cell) > >>> > >>> nnesbitt(a)kencall.com > >>> www.kencall.com > >>> > >>> BEST Non-European Contact Centre 2008 > >>> > >>> > >>> > >>> *Fastest Growing Top 100 company* > >>> > >>> On Oct 7, 2008, at 7:01 PM, Crystal Watley wrote: > >>> > >>> I have known Dr. Ndemo for some time now and have found him to be > >>> nothing less than a man of integrity. I have seen his name drawn > >>> through the > >>> mud next to other politicians in the past. Let me be very honest and > >>> frank > >>> in this matter. > >>> > >>> When are we in Kenya going to get past this political mud slinging and > >>> look at the actual WORK performance of our leaders? When I watch the > >>> news I > >>> see very few Kenyan political leaders really working. They are always > >>> campaigning and pretending THAT is their job. In many cases it IS their > >>> way > >>> of making money, although it is NOT what we pay them for doing. > >>> > >>> Most of our political leaders do not have the ACTUAL work performance > >>> record of Dr. Ndemo. We know the long hours he works. I have been in > >>> his > >>> office at 7 am and at 7 pm. Those of us of who know him have seen this > >>> is > >>> the rule NOT the exception. > >>> > >>> Someday I hope in Kenya we understand we must judge everyone in public > >>> office by their actual work PERFORMANCE. Politicians are OUR employees. > >>> They > >>> work for the people of Kenya. They should be judged as an employer > >>> views an > >>> employee. How hard are they working for develoment? What good comes > >>> from > >>> their initiatives? Are they professional? Are they in the office > >>> working? We > >>> need to set higher standards for our government. This is not > >>> accomplished by > >>> breaking the good ones down. > >>> > >>> Asante sana. > >>> > >>> Crystal > >>> > >>> On Tue, Oct 7, 2008 at 9:32 AM, Brian Munyao Longwe > >>> <brian(a)caret.net>wrote: > >>> > >>>> Smells like a smear campaign to me. > >>>> > >>>> I see nothing that Ndemo has done wrong. > >>>> > >>>> B > >>>> > >>>> On Oct 7, 2008, at 8:43 AM, John Maina wrote: > >>>> > >>>> > http://www.wananchiforums.com/showthread.php?p=3150#post3150 > >>>> > > >>>> > _______________________________________________ > >>>> > kictanet mailing list > >>>> > kictanet(a)lists.kictanet.or.ke > >>>> > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >>>> > > >>>> > This message was sent to: brian(a)caret.net > >>>> > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > >>>> > mailman/options/kictanet/brian%40caret.net > >>>> > >>>> > >>>> _______________________________________________ > >>>> kictanet mailing list > >>>> kictanet(a)lists.kictanet.or.ke > >>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >>>> > >>>> This message was sent to: crystal(a)voicesofafrica.org > >>>> Unsubscribe or change your options at > >>>> > http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… > >>>> > >>> > >>> > >>> > >>> -- > >>> Crystal "Naliaka" Watley > >>> Voices of Africa > >>> crystal(a)voicesofafrica.org > >>> http://www.voicesofafrica.org/ > >>> > >>> "You must be the change you wish to see" - Gandhi > >>> _______________________________________________ > >>> kictanet mailing list > >>> kictanet(a)lists.kictanet.or.ke > >>> http://lists..kictanet.or.ke/mailman/listinfo/kictanet > >>> > >>> This message was sent to: nnesbitt(a)kencall.com > >>> Unsubscribe or change your options at > >>> > http://lists.kictanet.or.ke/mailman/options/kictanet/nnesbitt%40kencall.com > >>> > >>> > >>> > >>> ------------------------------ > >>> > >>> _______________________________________________ > >>> kictanet mailing list > >>> kictanet(a)lists.kictanet.or.ke > >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >>> > >>> This message was sent to: fredokono(a)cfsk.org > >>> Unsubscribe or change your options at > >>> > http://lists.kictanet.or.ke/mailman/options/kictanet/fredokono%40cfsk.org > >>> > >>> ------------------------------ > >>> > >>> > >>> No virus found in this incoming message. > >>> Checked by AVG - http://www.avg.com > >>> Version: 8.0.173 / Virus Database: 270.7.6/1713 - Release Date: > >>> 10/7/2008 > >>> 6:40 PM > >>> > >>> > >>> _______________________________________________ > >>> kictanet mailing list > >>> kictanet(a)lists.kictanet.or.ke > >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >>> > >>> This message was sent to: crystal(a)voicesofafrica.org > >>> Unsubscribe or change your options at > >>> > http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… > >>> > >>> > >> > >> > >> -- > >> Crystal "Naliaka" Watley > >> Voices of Africa > >> crystal(a)voicesofafrica.org > >> http://www.voicesofafrica.org/ > >> > >> "You must be the change you wish to see" - Gandhi > >> > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> This message was sent to: jmanthi(a)gmail.com > >> Unsubscribe or change your options at > >> > http://lists.kictanet.or.ke/mailman/options/kictanet/jmanthi%40gmail.com > >> > >> > > > > > > -- > > Joseph Manthi > > CEO > > MEO Ltd > > http://www.meoltd.com > > > > ---------------------------------------------- > > This message has been scanned for viruses and > > dangerous content by Jambo MailScanner, and is > > believed to be clean. > > --------------------------------------------- > > "easy access to the world" > > > > _______________________________________________ > > 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%40jambo.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" > > -- Joseph Manthi CEO MEO Ltd http://www.meoltd.com

1 0

Re: [kictanet] Econet Haters.... :-D
by John Maina 09 Oct '08

09 Oct '08

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 On Thu, Oct 9, 2008 at 4:42 PM, Brian Munyao Longwe <brian(a)caret.net> wrote: > Well, you know in any bid or competition there have to be winners and > losers. It's just that some know how to lose graciously and politely > accept defeat while others simply cannot accept a loss - and then > resort to all sorts of underhand tactics. I think that this issue > with the 3rd GSM is a perfect example. > > There were many bidders. KTIG was kicked out at the technical (1st > stage) because their bid did not meet the stringent technical > criteria. Why didn't any others bidders (and especially those who > made it to the 2nd (financial) round cry foul? > > It also bemuses me that this chip is still being carried by the KTIG > folk - and that they would so violently attact someone as reputable > as Ndemo, simply because he made a favourable comment about an > investor who is bringing significant investment (over US$ 500m) into > the country and region. > > beats me! > > Brian > > On Oct 9, 2008, at 4:37 PM, Barrack Otieno wrote: > >> Well i may not qualify as a judge but i guess this is not meant for >> Kictanet, better still i am not sure whether Kriegler has left the >> country in my humble opinion what we need is a win win situation >> otherwise tutabaki Nyuma >> Regards >> >> On 10/9/08, Brian Munyao Longwe <brian(a)caret.net> wrote: >>> I strongly suspected that this was all about KTIG (Kenyan diaspora >>> living in America), their loss of 3rd mobile bid and subsequent >>> clumsy attempts to legally obfuscate the eventual award to Econet. >>> >>> It must really feel bad to see that Econet are finally getting their >>> network live. Woyeeeee.... >>> >>> I remember 3-4 years ago saying that when I see the Econet signal >>> (though I understand they are adopting a different brand name) as an >>> available network in Kenya that I would say a silent prayer for the >>> righteous..... >>> >>> Now maybe I should just laugh hysterically! >>> >>> Brian >>> >>> On Oct 9, 2008, at 2:10 PM, John Maina wrote: >>> _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: j.maina(a)ymail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/j.maina%40ymail.com

1 0

Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 09 Oct '08

09 Oct '08

Crystal Cheap argument. So Kenya doesnt have small Telekoms? Please stop these roadside mentality We have our small telkoms and know that however long it will take to recover and get the crooks. We will get them JM ----- Original Message ---- From: Crystal Watley <crystal(a)voicesofafrica.org> To: Fred Okono <fredokono(a)cfsk.org> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; ke-users <ke-internetusers(a)bdix.net> Sent: Wednesday, October 8, 2008 6:15:39 PM Subject: [ke-internetusers] Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests Kenyans CAN own their own telecom. There is a minority owned telecom in the US and it is huge in Bangladesh. There is no reason why someone couldn't do it in Kenya. Two questions: Who has the vision? Who has the funding? Minority Owned Telecom in the United States http://money.cnn.com/magazines/fsb/fsb_archive/2006/12/01/8395123/index.htm Grameen Phone in Bangladesh http://www.grameenphone.com/index.php?id=68 Asante sana, Crystal There comes time in everyone's life, where they have to stop talking and start doing.... On Wed, Oct 8, 2008 at 9:02 AM, Fred Okono <fredokono(a)cfsk.org> wrote: Dear John, You are abviously a very angry person, shooting straight from the hip - the only redeeming quality of your anger being that on the face of it, it is inspired by a love of country. But can we keep it civil? Indeed Kenyans should own all our strategic and fundamental infrastructure, but nothing is wrong with seeking foreign back-up on our way to that rarefied goal. I'd rather we had fully foreign-owned enterprises operating locally, employing a large number of my compatriots, paying taxes to the government, creating greater consumer utility through competition and generating auxilliary business opportunities both upstream and downstream than have no such investments, locally owned or otherwise. And most importantly, there is no law stopping enterprising Kenyans from making future bids - WHOLLY KENYAN - for such opportunities! Like you rightly pointed out, the Safaricom IPO revealed our hunger for sound investments - what we seem to lack are inspired local entrepreneurs to harness this. We need more TransCenturies then we can effectively take on those foreign investors and competitors without need for extreme protectionist policies. As for PS Ndemo - he is one of our best. The very fact that he is part of and an occassional contributor to this forum speaks of his belief in transparency and accountability. And personal interraction with him reinforces this impression. Please let us not pull down and drag in the mud the few really good people we have! Fredrick Okono Deputy Director ________________________________ Computers for Schools Kenya SemcoBusiness Park | Unit 1, Mombasa Road | P.O. Box 48584-00100 | Nairobi , Kenya | Tel:254(0)202060919, Tel/Fax: 254 (0)20 2060920 Mobile (0)723-527106|Email:fredokono@cfsk.org|Website: www.cfsk.org ----- Original Message ----- From: John Maina To: fredokono(a)cfsk.org Cc: KICTAnet ICT Policy Discussions ; ke-users Sent: Wednesday, October 08, 2008 2:20 PM Subject: Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests Nick You see that its only people like you who are in Kenya not to develope Kenya but to exploit are the ones supporting Ndemo. Crooks like him. You are known and even the BPO society know you as someone who is known not to support the general development and economic improvement of thee country. You are known as someone who even his own staff he has consistently paid poorly. When did Ndemo give Kenyans a chance to buy the companies and they said they couldnt? He wouldd rather go to Libya and go and make secret deals there. Am not suprised that you support him but know that no matter how long it takees. Kenyans will recover Kenya from looters like you JM ----- Original Message ---- From: nicholasnesbitt <nnesbitt(a)kencall.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; ke-users <ke-internetusers(a)bdix.net> Sent: Tuesday, October 7, 2008 7:13:01 PM Subject: Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests I agree totally. Sounds like someone needs to do something more productive than try to insinuate there is anything wrong here with Kenya becoming a more investor friendly and respectful environment.... Perhaps this person needs to put their own money where their mouth is and then they will get a very different perspective about how they would like their money to be used if they were to invest in anything substantial in Kenya... It is Econet's investors' money. It is not Kenya's money... Do we want the investment in Kenya, the competition, the jobs, the participation of Essar, or do we want to play a nationalistic game based on rich and passively investing Kenyans getting the lion's share of someone's investment in Kenya, just because they are powerful and the law mandates that they they should have a piece of someone else's hard earned investment? The wananchi wouldn't share in any Econet investment even if it were still required by the law to have a local partner, it would be some Mobiletea kinds of individuals who would slide up to Econet and scare them into partnering with the locals... just the same way as it always has been in Kenya and in such countries that adopt such market distorting and investment unfriendly policies... Bravo, Daktari Ndemo! Nicholas A. Nesbitt Chief Executive Officer KenCall EPZ Ltd P.O. Box 27507 - 00506 Sameer Industrial Park, Mombasa Road Nairobi, Kenya +254.20.660.2000 (office) +254.20.660.2222 (fax) +254.721.458.458 (cell) nnesbitt(a)kencall.com www.kencall.com BEST Non-European Contact Centre 2008 Fastest Growing Top 100 company On Oct 7, 2008, at 7:01 PM, Crystal Watley wrote: I have known Dr. Ndemo for some time now and have found him to be nothing less than a man of integrity. I have seen his name drawn through the mud next to other politicians in the past. Let me be very honest and frank in this matter. When are we in Kenya going to get past this political mud slinging and look at the actual WORK performance of our leaders? When I watch the news I see very few Kenyan political leaders really working. They are always campaigning and pretending THAT is their job. In many cases it IS their way of making money, although it is NOT what we pay them for doing. Most of our political leaders do not have the ACTUAL work performance record of Dr. Ndemo. We know the long hours he works. I have been in his office at 7 am and at 7 pm. Those of us of who know him have seen this is the rule NOT the exception. Someday I hope in Kenya we understand we must judge everyone in public office by their actual work PERFORMANCE. Politicians are OUR employees. They work for the people of Kenya. They should be judged as an employer views an employee. How hard are they working for develoment? What good comes from their initiatives? Are they professional? Are they in the office working? We need to set higher standards for our government. This is not accomplished by breaking the good ones down. Asante sana. Crystal On Tue, Oct 7, 2008 at 9:32 AM, Brian Munyao Longwe <brian(a)caret.net> wrote: Smells like a smear campaign to me. I see nothing that Ndemo has done wrong. B On Oct 7, 2008, at 8:43 AM, John Maina wrote: > http://www.wananchiforums.com/showthread.php?p=3150#post3150 > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: brian(a)caret.net > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > mailman/options/kictanet/brian%40caret.net _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: crystal(a)voicesofafrica.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… -- Crystal "Naliaka" Watley Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists..kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: nnesbitt(a)kencall.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/nnesbitt%40kencall.com ________________________________ _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: fredokono(a)cfsk.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/fredokono%40cfsk.org ________________________________ No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.173 / Virus Database: 270.7.6/1713 - Release Date: 10/7/2008 6:40 PM _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: crystal(a)voicesofafrica.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… -- Crystal "Naliaka" Watley Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi

3 2

Re: [kictanet] Econet Haters.... :-D
by John Maina 09 Oct '08

09 Oct '08

Did we expect something different? Utoto and we know that is why you can rhyme with your ilk much. ----- Original Message ---- From: Brian Munyao Longwe <brian(a)caret.net> To: John Maina <j.maina(a)ymail.com> Cc: Gilda Odera <gildaodera(a)gmail.com>; "godera(a)skyweb.co.ke" <godera@skyweb.co..ke>; "bitange(a)jambo.co.ke" <bitange(a)jambo.co.ke>; alice <alice(a)apc.org>; Mark Matunga-Microsoft <mmatunga(a)microsoft.com>; Matunda Nyanchama <matunda(a)matunda.org>; Joseph Manthi <jmanthi(a)gmail.com>; Justin Mburu <jt.alliance(a)gmail.com>; Japheth kemboi <kipkirui2002tz(a)yahoo.com>; Jorum <odiemo(a)gmail.com>; joseph james <jjngatia(a)gmail.com>; Caroline Kekobi <caroline(a)kekobi.or.ke>; KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; amosoba(a)ict.go.ke; Gakuru Alex <alexgakuru.lists(a)gmail.com>; Thomas A. Senaji <tasenaji(a)gmail.com>; John Walubengo <jwalu(a)yahoo.com>; Wambui Wakarema <wambuiwakarema(a)yahoo.co.uk>; Crystal Watley <crystal(a)voicesofafrica.org>; nicholasnesbitt <nnesbitt(a)kencall.com>; Shem Ochuodho <shemochuodho(a)yahoo.com>; Mike Theuri <mike.theuri(a)gmail.com> Sent: Thursday, October 9, 2008 3:17:57 PM Subject: Econet Haters.... :-D I strongly suspected that this was all about KTIG (Kenyan diaspora living in America), their loss of 3rd mobile bid and subsequent clumsy attempts to legally obfuscate the eventual award to Econet. It must really feel bad to see that Econet are finally getting their network live. Woyeeeee.... I remember 3-4 years ago saying that when I see the Econet signal (though I understand they are adopting a different brand name) as an available network in Kenya that I would say a silent prayer for the righteous..... Now maybe I should just laugh hysterically! Brian On Oct 9, 2008, at 2:10 PM, John Maina wrote: ----- Forwarded Message ---- From: "mwananchi(a)hushmail.com" <mwananchi(a)hushmail.com> To: j.maina(a)ymail.com Sent: Thursday, October 9, 2008 7:47:34 AM Subject: PS Ndemo and Econet scandal... John, Interesting discussion on Kictanet, perhaps one should have warned you before hand that Kictanet is laden with vested interests who will gladly forego accountability and transparency as long as they themselves benefit or will benefit from Ndemo's rewards for singing his praises and not holding him to account as the public servant he is. Certainly he has done some good things for the country but he has also enabled the commission of monumentally bad matters. Whenever truth is told, hardcore supporters of Ndemo led by one Brian Longwe (who has interestingly benefited in several ways since Ndemo took office) predictably rush to chant "smear", "smear" in an attempt to obfuscate the truth. God forbid should Longwe ever be appointed to public office for that will mark the improper entrance of an individual who believes that accountability and transparency have no room and should exist in Kenya. You may use the below as you deem fit, the truth needs to be told: ---- If Ndemo is so innocent why doesn't he invite the CID, KACC, the Attorney General's office and any other co-operating law enforcement agencies such as the UK's Serious Fraud Office and independent anti- corruption agencies to investigate the issue while inviting the public to forward any evidence they might have of misconduct, law breaking and corruption to the relevant agencies. Perhaps instead of Brian trying to pull wool over wananchis eyes, he could suggest this solution to the PS to help bring these matters to a logical conclusion once and for all. Facts do not lie, naysayers loudly declaring their unwavering and blind support should present hard exonerating facts that rubbish the tip of the iceberg below or continue in their rather misguided act of aiding and cheering on the commission of corrupt and economic crimes against the nation. The below are just the surface of the scam that the PS has worked tirelessly to keep from public view. Fact 1: Econet sought a gag order against its former Chief Financial Officer, Mwaura Njiri, a Kenyan, who forced by his conscience resigned when Econet sought to force him to sign a falsified affidavit that was aimed at defrauding KNFC of their legitimate shareholding in Econet Wireless Kenya. In attempting to do so Econet filed the following case: CASE NO 05/12059 IN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division) Econet Wireless International Limited - 1st Applicant Econet Wireless Kenya Limited - 2nd Applicant Econet Wireless Ventures Limited - 3rd Applicant v Njiri, Elizaphanson Mwaura - Respondent Entire Econet Court Filing: http://rapidshare.com/files/152242137/EconetSA.pdf Respondent Njiri's Entire Court Filing response to Econet lawsuit: http://rapidshare.com/files/152242138/NjiriSA.pdf 5. Re Paragraph 7 "I have no knowledge whether the First Applicant is a subsidiary of the Third Applicant. I do not know when the "group" was founded, but I deny that it a leading telecommunications operator in Africa." 6. Re Paragraph 8 "I admit my citation and place of residence. I was employed by the First Applicant as Chief Financial Officer and also Head of Corporate Finance Development from July 2000 until 26th October 2004 when I resigned, largely due to the deterioration in my relationship with the First Applicant and Wazara. I admit that I played a central role in establishing the Second Applicant for purposes of the said tender." http://rapidshare.com/files/152242138/NjiriSA.pdf Fact 2: Mwaura Njiri under penalty of perjury unequivocally and in his position as CFO stated the following regarding Econet's finances. This is a damning indictment of the regulator for abandoning its fiduciary duties to the Kenyan public by failing to eliminate the licensee at the pre-qualification stage, thus the licensee was licenced contrary to the tender rules considering their true and correct balance sheets did not show a healthy turnover of over US$100m. The secret of the hundreds of millions of dollars in turnover is a story well told only that it neglected to mention that those were worthless Zimbabwean dollars: "17.1 The First Applicant's balance sheet at that point in time was so bad that it was unable to obtain funds from any bank;" http://rapidshare.com/files/152242138/NjiriSA.pdf Deloitte and Touche, Audited Financials of Econet Wireless Limited, the only Econet company that could have claimed to their long lost "Nigerian" operations that never were showing a mere turnover of $8m at the time of licencing in 2003 when it was necessary to show a consortium turnover of $100m which obviously the now insolvent KNFC did not have: http://rapidshare.com/files/152242139/Financials.pdf Fact 3: Mwaura Njiri, Econet CFO since its early days, under penalty of perjury admits the Econet licence was cancelled by the Minister for Information and Communications despite his best efforts to prevent cancellation: "32. Re Paragraphs 43 I admit the allegations contained herein and point out that when this eventuated Masiyiwa then requested me to assist the First Applicant by returning to Kenya and endeavouring to assist the Applicants by requesting the Minister and the Kenyan authorities not to cancel the licence.I agreed to so assist the First Applicant which then provided me with the necessary air ticket to enable me to travel to Nairobi together with the said Wazara for this purpose.While I tried my best to so assist the First Applicant I was unsuccessful in this regard." http://rapidshare.com/files/152242138/NjiriSA.pdf Fact 4: KNFC was essentially bankrupt or near bankruptcy at the time of licensing culminating in KNFC being declared financially insolvent in 2006. Once again the regulator abandoned its fiduciary duties by deliberately allowing parties who could not pay licence fees as proscribed by the tender rules to be licenced contrary to public procurement regulations. "The Minister for Co-operative Development Njeru Ndwiga yesterday confirmed that the Federation, which was said to have owned as much as 80 per cent of Econet’s bid for the their mobile licence, cannot meet its financial obligations. The union is indebted to the tune of Sh40 million against an asset base of Sh25 million. The minister said the cash-strapped Federation cannot honour its financial obligations that include Sh1.3 million in salary arrears, a Sh10 million loan from the Co-operative Bank, Sh5.6 million in statutory deductions and Sh800,000 in lawyers’ fees" - The Standard 29/6/2005 " KNFC has liabilities in excess of 64 million shillings against a total asset value of 20 million shillings." - 21/1/2006 http://www.kbc.co..ke/story.asp?ID=34599 Fact 5: The Chief legal representative of the Government of Kenya is Attorney General, Amos Wako. In 2007, PS Ndemo purported to settle a case the government had already won upholding the cancellation of the Econet licence by the Minister of Information and Communications. The PS further claimed to settle a case that Econet was destined to loose following a court order ordering them to deposit $15million as security for their $1 billion case against the Minister. Econet could not conceivably pay the $15 million for they still owed the government $12 million. Investigations are necessary to establish: a) Whether PS Ndemo upsurped the powers of the Attorney General b) What the Attorney General's role and legal rationale was in arriving at the "settlement" c) Whether PS Ndemo acted against the interests of the Republic d) Whether PS Ndemo defied a binding and final ruling by Kenya's Judiciary e) Whether PS Ndemo through his actions committed abuse of abuse as defined under the Economic and Anti-Corruption Act of 2003 f) Whether PS Ndemo committed any other unlawful acts through is actions g) Whether PS Ndemo by trampling a bonafide court ruling and a Ministerial order contravened the Section 354 of Chapter XIII (Miscellaneous Offences Against Public Authority) of the Laws of Kenya which in states: “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,” Visual proof of PS Ndemo signing the bogus "settlement agreement": http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4 It cannot be wished away that a legal precedent has already been established in Kenya for Government officials who claim to have been acting on orders from above that they remain responsible for actions carried out on the basis of their own personal actions and thus PS Ndemo bears absolute and full responsibility for appending his signature to the sham "settlement agreement" that he appended his signature to on "behalf" of the Republic: Magistrate Aggrey Muchelule had a stern warning to public officers: "It does not pay to take illegal orders from your superiors. However highly placed, you will still be responsible in the fullness of time." http://www.accessmylibrary.com/coms2/summary_0286-13141577_ITM http://news.bbc.co.uk/2/hi/africa/3591830.stm It took 14 years after the fact to sentence Somaia and Oluga for their fraud against the Republic, public servants should not chide theselves that the passage of time makes one's illegal actions forgotten. Those they enable to engage in illegal acts might get away but the public servant will nonetheless carry their own cross. Fact 6: The Econet matter has recently been planned for Cabinet discussion. This warrants PS Ndemo's investigation for his role in disenfranchising Kenyans and for continuing to make plans to legalise an illegal act of disenfranchisement into law by arbitrarily gazetting regulations that seek to place foreigners ahead of Kenyans: "When contacted, Nyagah confirmed he had received the letter from the KNFC interim board, seeking their intervention on the issue of the shares, and their participation in rolling out the third mobile operator’s services. Nyagah, whose main docket covers the co-operative movement, said he would address the concerns raised by KNFC at the Ministry and Cabinet level." http://www.eastandard.net/InsidePage.php?id=1143995477&cid=14&j=&m=& d= The Cabinet ought to act with no holds barred in looking into PS Ndemo's involvement in the matter as well as his recent pandering to foreign interests at the expense of Kenyans. This is a serious national security matter that involves critical infrastructure in the country particularly coming at a time when foreigners stranglehold exceeds 80% of the economy. The issue of allowing foreigners to own 100% of ICT firms should be submitted to Parliament for those are the elected representatives of the Kenyan people, such critical decisions should not be left in the hands of someone who recently signed away access to the Kenyan Economy to Libyans and frequently echoes his admiration of foreigners. Let PS Ndemo name the foreigners who have approached him and who despise Kenyans so much that they would not dream of partnering with them: "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. http://africa.reuters.com/business/news/usnJOE4950WH.html Did PS Ndemo sign an agreement with Libyans promising them access to sectors of the Economy? YES http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4 Fact 7: In 2006, Econet rushed to court and obtained exparte orders against the Government and the regulator causing a stay of the Minister's decision to cancel the Econet licence by the Minister of Information and Communications. The presiding and ruling judge, Justice Ibrahim Mohammed in his eventual ruling admonished Econet for abusing the court process and upheld the Minister's decision that cancelled the Econet licence while canceling the orders that Econet had improperly obtain. Case No 1640 of 2004 in the High Court of Kenya that the Republic won is the same case PS Ndemo misled the nation was a case in progress that was to be settled: "Upon consideration, I am of the view that in effect, the Order No 5 to all intents and purposes is an ex parte quia timet injunction disguised as “an order of leave operating as a prohibition”. This Court has no jurisdiction to grant such an order in judicial review proceedings and if it had, it has been granted improperly and in breach of the principles of natural justice as there is no returnable date for an inter partes hearing between the parties. It is a permanent injunctive order which was given in violation of all the cardinal principles of natural justice. To allow it to continue to be in force for a minute longer would amount to a total miscarriage of justice. This Court of course, cannot allow this to happen. This court is supposed to be a harbinger and fountain of justice and not a perpetrator of injustice." Entire Copy of Court Ruling upholding the Minister's decision thus permanently cementing the fact that the cancelled Econet licence remained indefinitely cancelled: http://rapidshare.com/files/152242136/Econet_v_Minister.pdf Fact 8: The Econet scam which the PS continues to deliberately aid was named as scandal number 10 in Sir Edward Clay's list of 20 scandals committed against the Republic: http://rapidshare.com/files/152246719/20Scandals.pdf Only the tip of the iceberg.... -- Click for a credit repair consultation, raise your FICO score.. http://tagline.hushmail.com/fc/Ioyw6h4d7lzmxrPK8SDbjIEfKVScUQcpfeHX7tKvMt8q…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 09 Oct '08

09 Oct '08

Joe Thanks alot. I think that Dr Ndemo must come clean and we must not be held hostage by people who think that we must be bowing to crooked foreigners who were paupers and came defrauded the country and now think that we should have all been thieves. Nick Nesbitt couldnt afford kencall. He came and borrowed in Kenyan banks because people like Dr Ndemo allowed him. Joe, as a person who is also setting up a pan African ICT network, you must know whom you are dealing with Ndugu. We respect all people in KICTANET but the truth must come out ndugu. Lets all ask for it and all will be fine. JM ----- Original Message ---- From: Joseph Manthi <jmanthi(a)gmail.com> To: John Maina <j.maina(a)ymail.com>; KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Thursday, October 9, 2008 6:09:13 PM Subject: Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests Crystal This is demeaning to Kenyans. You should stop discussing issues about Kenya unless you know what you are talking about. Grameen Bank and Telecom is a Bangladeshi company. Why shouldn't Kenyans own the major telecomms? Is there a law that states only foreigners can own these companies? Anyway I do not want to belittle this discussion by reading what foreigners think about Kenyans. Only Kenyans can solve Kenyan issues. I do not know what John is talking about (and I know John, unlike most of you who do not) and I am waiting to hear a response from PS Ndemo. I think the least we can demand of our public servant is a fair hearing. Let Dr Ndemo speak for himself. And those who are just heckling should step aside. The Moi era when people just spoke good of people in power and never questioned their public actions (rather than private), and Dr Ndemo's pronouncement was a very public action, should be over. At least I hope so. I am looking forward to hearing Dr Ndemo pay us the honor of explaining his official action. This is serious business. We are talking about the giving away of publicly owned rare resources. John et al and Brian et al - stop taking sides and making it personal. It is not personal, it is business. Joe On Thu, Oct 9, 2008 at 6:06 AM, John Maina <j.maina(a)ymail.com> wrote: Crystal Cheap argument. So Kenya doesnt have small Telekoms? Please stop these roadside mentality We have our small telkoms and know that however long it will take to recover and get the crooks. We will get them JM ----- Original Message ---- From: Crystal Watley <crystal(a)voicesofafrica.org> To: Fred Okono <fredokono(a)cfsk.org> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; ke-users <ke-internetusers(a)bdix.net> Sent: Wednesday, October 8, 2008 6:15:39 PM Subject: [ke-internetusers] Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests Kenyans CAN own their own telecom. There is a minority owned telecom in the US and it is huge in Bangladesh. There is no reason why someone couldn't do it in Kenya. Two questions: Who has the vision? Who has the funding? Minority Owned Telecom in the United States http://money.cnn.com/magazines/fsb/fsb_archive/2006/12/01/8395123/index.htm Grameen Phone in Bangladesh http://www.grameenphone.com/index.php?id=68 Asante sana, Crystal There comes time in everyone's life, where they have to stop talking and start doing.... On Wed, Oct 8, 2008 at 9:02 AM, Fred Okono <fredokono(a)cfsk.org> wrote: Dear John, You are abviously a very angry person, shooting straight from the hip - the only redeeming quality of your anger being that on the face of it, it is inspired by a love of country. But can we keep it civil? Indeed Kenyans should own all our strategic and fundamental infrastructure, but nothing is wrong with seeking foreign back-up on our way to that rarefied goal. I'd rather we had fully foreign-owned enterprises operating locally, employing a large number of my compatriots, paying taxes to the government, creating greater consumer utility through competition and generating auxilliary business opportunities both upstream and downstream than have no such investments, locally owned or otherwise. And most importantly, there is no law stopping enterprising Kenyans from making future bids - WHOLLY KENYAN - for such opportunities! Like you rightly pointed out, the Safaricom IPO revealed our hunger for sound investments - what we seem to lack are inspired local entrepreneurs to harness this. We need more TransCenturies then we can effectively take on those foreign investors and competitors without need for extreme protectionist policies. As for PS Ndemo - he is one of our best. The very fact that he is part of and an occassional contributor to this forum speaks of his belief in transparency and accountability. And personal interraction with him reinforces this impression. Please let us not pull down and drag in the mud the few really good people we have! Fredrick Okono Deputy Director ________________________________ Computers for Schools Kenya SemcoBusiness Park | Unit 1, Mombasa Road | P.O. Box 48584-00100 | Nairobi , Kenya | Tel:254(0)202060919, Tel/Fax: 254 (0)20 2060920 Mobile (0)723-527106|Email:fredokono@cfsk.org|Website: www.cfsk.org ----- Original Message ----- From: John Maina To: fredokono(a)cfsk.org Cc: KICTAnet ICT Policy Discussions ; ke-users Sent: Wednesday, October 08, 2008 2:20 PM Subject: Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests Nick You see that its only people like you who are in Kenya not to develope Kenya but to exploit are the ones supporting Ndemo. Crooks like him. You are known and even the BPO society know you as someone who is known not to support the general development and economic improvement of thee country. You are known as someone who even his own staff he has consistently paid poorly. When did Ndemo give Kenyans a chance to buy the companies and they said they couldnt? He wouldd rather go to Libya and go and make secret deals there. Am not suprised that you support him but know that no matter how long it takees. Kenyans will recover Kenya from looters like you JM ----- Original Message ---- From: nicholasnesbitt <nnesbitt(a)kencall.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>; ke-users <ke-internetusers(a)bdix.net> Sent: Tuesday, October 7, 2008 7:13:01 PM Subject: Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests I agree totally. Sounds like someone needs to do something more productive than try to insinuate there is anything wrong here with Kenya becoming a more investor friendly and respectful environment.... Perhaps this person needs to put their own money where their mouth is and then they will get a very different perspective about how they would like their money to be used if they were to invest in anything substantial in Kenya... It is Econet's investors' money. It is not Kenya's money... Do we want the investment in Kenya, the competition, the jobs, the participation of Essar, or do we want to play a nationalistic game based on rich and passively investing Kenyans getting the lion's share of someone's investment in Kenya, just because they are powerful and the law mandates that they they should have a piece of someone else's hard earned investment? The wananchi wouldn't share in any Econet investment even if it were still required by the law to have a local partner, it would be some Mobiletea kinds of individuals who would slide up to Econet and scare them into partnering with the locals... just the same way as it always has been in Kenya and in such countries that adopt such market distorting and investment unfriendly policies... Bravo, Daktari Ndemo! Nicholas A. Nesbitt Chief Executive Officer KenCall EPZ Ltd P.O. Box 27507 - 00506 Sameer Industrial Park, Mombasa Road Nairobi, Kenya +254.20.660.2000 (office) +254.20.660.2222 (fax) +254.721.458.458 (cell) nnesbitt(a)kencall.com www.kencall.com BEST Non-European Contact Centre 2008 Fastest Growing Top 100 company On Oct 7, 2008, at 7:01 PM, Crystal Watley wrote: I have known Dr. Ndemo for some time now and have found him to be nothing less than a man of integrity. I have seen his name drawn through the mud next to other politicians in the past. Let me be very honest and frank in this matter. When are we in Kenya going to get past this political mud slinging and look at the actual WORK performance of our leaders? When I watch the news I see very few Kenyan political leaders really working. They are always campaigning and pretending THAT is their job. In many cases it IS their way of making money, although it is NOT what we pay them for doing. Most of our political leaders do not have the ACTUAL work performance record of Dr. Ndemo. We know the long hours he works. I have been in his office at 7 am and at 7 pm. Those of us of who know him have seen this is the rule NOT the exception. Someday I hope in Kenya we understand we must judge everyone in public office by their actual work PERFORMANCE. Politicians are OUR employees. They work for the people of Kenya. They should be judged as an employer views an employee. How hard are they working for develoment? What good comes from their initiatives? Are they professional? Are they in the office working? We need to set higher standards for our government. This is not accomplished by breaking the good ones down. Asante sana. Crystal On Tue, Oct 7, 2008 at 9:32 AM, Brian Munyao Longwe <brian(a)caret.net> wrote: Smells like a smear campaign to me. I see nothing that Ndemo has done wrong. B On Oct 7, 2008, at 8:43 AM, John Maina wrote: > http://www.wananchiforums.com/showthread.php?p=3150#post3150 > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: brian(a)caret.net > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > mailman/options/kictanet/brian%40caret.net _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: crystal(a)voicesofafrica.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… -- Crystal "Naliaka" Watley Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists..kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: nnesbitt(a)kencall.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/nnesbitt%40kencall.com ________________________________ _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: fredokono(a)cfsk.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/fredokono%40cfsk.org ________________________________ No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.173 / Virus Database: 270.7.6/1713 - Release Date: 10/7/2008 6:40 PM _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: crystal(a)voicesofafrica.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… -- Crystal "Naliaka" Watley Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jmanthi(a)gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jmanthi%40gmail.com -- Joseph Manthi CEO MEO Ltd http://www.meoltd.com

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