March 2014 - KICTANet

Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology
by Grace Mutung'u (Bomu) 20 Apr '17

20 Apr '17

Dear all, the suit between Muite & Others versus Moses Kuria, which I understand is proceeding to court, should be a very interesting one to watch. Hopefully it shall give some insights on content control vs freedom of expression. See below. ---------- Forwarded message ---------- From: Ngunjiri <ngunjiri(a)kikuyusforchange.com> Date: Mon, 10 Oct 2011 16:05:07 +0300 Subject: {K4c} Defamatory Blog Publication by Moses Kuria & Demand For Apology To: KC4 <kikuyusforchange(a)googlegroups.com> This will most probably interest some of us, and help all of us be careful about what we write on our blogs. --- Ngunjiri [image: Issa & Co Advocates] Our Ref: M/058/001/L**** **** Tuesday, October 4, 2011**** **** Moses Kuria**** P. O. Box 1838-00200 ‘*Advance copy by email*’**** *NAIROBI***** **** Dear Sir,**** **** *RE: DEFAMATORY PUBLICATION ***** ------------------------------ We have been instructed by our clients, Wambugu Ngunjiri, Paul Muite, Ndung’u Wainaina, Maina Kiai and Hassan Omar.**** **** Our instructions are that you published in your widely read blog the following words of and concerning our clients.**** **** *‘I have said Ocampo has no case. All he has are fake witnesses coached by Hassan Omar, Wambugu Ngunjiri, Paul Muite, Ndungu Wainaina, Njonjo Mue and Maina Kiai.’***** **** Your insinuations are unfounded and baseless and our clients’ professional respective standings, characters and reputations have been severely tarnished by your publication.**** **** Our instructions are to demand a retraction, an apology and an admission of liability on your part for the publication of the defamatory words. This we hereby do. We shall address the issue of the damages payable to our clients upon receipt of your apology and admission.**** **** *NOTE* that if you do not publish an apology and retraction on your blog within the next *Seven (7) Days* of the receipt of this letter we shall proceed to the law for redress at your risk as to costs. **** **** Yours faithfully,**** *ISSA & COMPANY ADVOCATES***** **** **** *MANSUR M. ISSA***** **** cc. Clients**** **** *Issa & Co Advocates* <info(a)issadvocates.co.ke>**** ------------------------------ 5th Floor, City House, Wabera Street P.O. Box *24210 - 00100*, Nairobi, Kenya *ph*: *+ 254 20 340 150 · * *fx*: *+ 254 20 340 151* *em*: *info(a)issadvocates.co.ke · ***** ------------------------------ *CONFIDENTIALITY NOTICE:* This email and any attachments may contain information that is confidential, legally privileged and protected by law. Access by the intended recipient is authorized. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, or any information contained in this email is hereby excluded. If you are not the intended recipient, please notify the sender immediatelyand do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium.**** -- --- Fear makes men act even against their own interests- changing them from men of reason to blubbering fools. -- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)

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Digital to Analog Conversion
by robert yawe 19 Jun '15

19 Jun '15

Hi, When the migration from analog to digital was initially raised fear was put into the public on how there would be no option but to throw away our analog TV sets and replace them with Digital. Now that digital transmission is finally here we need to look at how to make the migration as painless as possible while at the same time we do not disenfranchise any citizens. It has been mentioned that there are over 1 million TV sets in Kenya today, that means 1 million digital to analog converters will be required over the next 2-3 years. I believe this is a great opportunity for us to go into the electronic assembly business, I would like to propose that we 1st increase duty on converters from the current 35% to 250% so as to discourage the importation of the converters. Then exempt from duty and vat all assembly stations, test equipment and components for anyone who sets up a converter assembly plant, with a 3 year tax holiday. If you setup the plant more than 200 kilometers from Nairobi or Mombasa you receive an addition 2 years tax holiday. I believe this will sort out the issue of substandard converters and will also provide an opportunity for us to develop our electronic devices assembly skills. If you make a net profit of 1,000/- there is a clean 875,000,000/- to be made, close to what the government is spending on purchase of the Malili farm. This is assuming a standard device, there is still a market for those who want high end devices with recording, tuners, USB ports, etc which would mean that the returns could be much higher than projected above. So will we move away from juts being importers and retailers or do we have what it takes to do some value add? Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696

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Music Piracy in Kenya - Government can Help
by Bernard Kioko [Bernsoft Interactive Limited] 23 Mar '15

23 Mar '15

Bwana Daktari, The music industry in Kenya is unable to grow. Companies like mine and individuals are investing money in creating music but the same cannot be commercialized effectively. One of the main problems is organized piracy. Take for example the website WAPKID.COM, this website provides almost every Kenyan song FREE FOR DOWNLOAD. The website at the moment lists the following as popular tags - meaning these are the artists whose content is currently heavily being downloaded. I understand that this website is offering pirated content because Music works that is owned and copyright administered by myself is being offered for FREE here - the total investment I made for the songs on offer is Ksh. 5million over the last 2 years and now I have no way to recover my investment by sales since consumers can opt for free. John De Mathew - Nimwamenyire Muno Wangari Wa Kabera - Aciari Redsun - Shika Glasi Sam Kinuthia - Muiritu Wa Gikomba Onyi Papa Jey - Migingo Dhi Muigai Njoroge - Muti Utari Matunda Kamaru - Nairobi Iraguo Ki Kamande Wa Kioi - Kapusi Kakwa Salim - Kanyina Kanini Kamande Wa Kioi - Githukia Tombo It's possible that these artists and many more don't actually know that this exists BUT millions of Kenyans are downloading the music and who is benefiting? The Network Operators who charge money based on the data downloads. Infact, at one point, one of the mobile operators even sent SMS advertisements to their subscribers urging them to access content from WapKid.com As an industry, we are bleeding and desperately in need of government support to stop this organized piracy that is benefiting local and international organization at the expense of our content and therefore killing and local development of content. As we seek your assistance, we are also doing something on our part. We will be meeting next week Wednesday 3rd October 3pm at Panafric as a music industry (Record labels, Kenya Copyright Board and Music Copyright Society of Kenya) to discuss and work out strategies that can help us especially in creating a clear licensing framework. We will also be announcing an Anti-Piracy Campaign called "iCareforMusic" whose aim is to educate the consumer on the benefits of getting music from licensed partners. We believe that either the government or the courts can issue an order blocking WAPKID.COM, MP3RAID.COM and any other website offering local music from being accessed and this is fairly easy at the ISP level. Before we take to the court route, we wish to seek a diplomatic route first. If we can stop this organized piracy, investing in a song would be worth it for the Artist, the Record Label and/or the music publisher. And in overall, KRA would collect tax from all of us. Everybody wins! Who knows, it would be even worth having a music studio at Konza City. Bwana PS, how can you assist our music industry? Kind regards Bernard Kioko Chief Executive Officer, Bernsoft

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GSMA: Calls will remain high between African countries
by Grace Githaiga 02 May '14

02 May '14

GSMA: Calls will remain high between African countries By Rebecca Wanjiku, Computerworld Kenya 29 Sep, 2011 The cost of telephone calls between African countries is likely to remain high and international call volumes will drop with the introduction of taxes, according to a report from the GSM Association. Senegal, Ghana, Congo Brazaville and Gabon have introduced taxes on incoming international calls, leading to higher costs for users and reduced revenue and call volumes for mobile operators. The taxes are also likely to reduce foreign direct investments because the costs of operating businesses such as call centers will probably go up. "The tax takes the form of an imposed fixed price that operators must charge for international inbound termination, of which the government takes a set amount," said the report, issued on the sidelines of the U.N. Internet Governance Forum in Nairobi. A private party measures international inbound minutes terminated by operators and bills them accordingly, it said. While the taxes are different in the four countries, the affect on the operators has been the same. In Senegal, call prices rose by 50 percent. In Ghana, prices rose by 58 percent while inbound traffic fell by 12 percent in the six months after the tax was introduced. In Congo Brazaville, the price of inbound calls rose by 111 percent while the volume fell by 36 percent. In Gabon, prices rose by 82 percent when the tax was introduced in August 2011. The report questioned the benefit of the tax on economies, given that half the money collected is shared with the third-party company that monitors the calls. "The main objective of this taxation is to raise revenues for governments, in this case by taxing users calling from abroad into the country, however, the government transfers approximately 50 percent of the revenue from the tax to the external call monitoring party," the report said. "This leakage should be taken into account when assessing the effectiveness and net benefit of this tax." The report projects that other African countries are likely to reciprocate by raising the cost of inbound calls. In Congo Brazaville, an operator reported that an operator in another African country raised call termination charges by 30 percent. while in Senegal, an operator reported that nine operators in other African countries raised rates by 23 to 80 percent, making the call costs very high. The GSMA further noted that many operators are not making profits because the cost of other services and maintaining rural telecoms infrastructure is high. In supporting its case to remove telecommunication taxes, the GSMA released another report that highlights the benefits that Kenya has gained since it zero-rated mobile handsets in June 2009. This year, the mobile communications industry will contribute US$300 million to the GDP and a further $100 million from intangible benefits to Kenyan consumers. The industry also employs 250,000 people in Kenya. "Since June 2009 when the tax was removed, handset purchases have increased by more than 200 percent and penetration rates have increased substantially from 50 percent to 70 percent, this successful policy confirms that consumption taxes can have a significant impact on consumer behavior in Kenya," said the report. ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!

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Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
by James Mbugua 03 Apr '14

03 Apr '14

Idiocy of the highest order. There is no win here only delay of the inevitable and stifling of innovation and investment. Multichoice is certainly a winner. -----Original Message----- From: "Consumers Federation of Kenya (COFEK)" <hotline(a)cofek.co.ke> Sent: ‎3/‎28/‎2014 6:48 PM To: "jgmbugua(a)gmail.com" <jgmbugua(a)gmail.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Subject: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response Dear All, This afternoon's ruling by the Court of Appeal is certainly a major win for the consumers, operators and other stakeholders on the broadcast media. Indeed the consumer movement is emboldened and we hope other sectors shall take their lesson. It vindicates our long held view that in its' current form, the CCK (and now CAK) is not the regulator envisaged under Article 34(3) of the Constitution. We are grateful that the Media Owners Association have pushed and won the fight we began in December 2012 to make the transition to digital broadcasting fair and independent to all stakeholders. We expect that the nullified Broadcast Signal Distribution license to PANG will have immediate consequences on Star Times and that the BSD to media owners will be fast-tracked. It will be futile for the Government to appeal the ruling at the Supreme Court. In light of such embarrassment to Government, it is only fair that the ICT Secretary resigns from office and that the regulator rescinds all major decisions it has made as the effect of the ruling has the potential to reverse all decisions made by the CCK since August 27, 2010 when the current Constitution was promulgated. Thank you. Japheth Ogutu, FOR: Secretary General, The Consumers Federation of Kenya (Cofek)

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Orange and yu exit: Market Failure or Creative Destruction (Capitalism Style)?
by Ali Hussein 02 Apr '14

02 Apr '14

Listers Jaindi Kisero's article on the imminent departure (demise?) of two telcos in Kenya make compelling reading. http://www.nation.co.ke/oped/Opinion/mobile-phone-firm-pullout-market-failu… The article basically explores the possibility that market failure is what we are experiencing in Kenya. According to Wikipedia Market Failure is a concept within economic theory describing when the allocation of goods and services by a free market is not efficient. That is, there exists another conceivable outcome where a market participant may be made better-off without making someone else worse-off. (The outcome is not Pareto optimal.) Market failures can be viewed as scenarios where individuals' pursuit of pure self-interest leads to results that are not efficient – that can be improved upon from the societal point-of-view.[1][2] The first known use of the term by economists was in 1958,[3] but the concept has been traced back to the Victorian philosopher Henry Sidgwick.[4] Market failures are often associated with time-inconsistent preferences,[5] information asymmetries,[6] non-competitive markets,principal–agent problems, externalities,[7] or public goods.[8] The existence of a market failure is often the reason for government intervention in a particular market.[9][10] Economists, especially microeconomists, are often concerned with the causes of market failure and possible means of correction.[11] Such analysis plays an important role in many types of public policy decisions and studies. However, some types of government policy interventions, such as taxes, subsidies, bailouts, wage and price controls, and regulations, including attempts to correct market failure, may also lead to an inefficient allocation of resources, sometimes called government failure.[12] Thus, there is sometimes a choice between imperfect outcomes, i.e. imperfect market outcomes with or without government interventions. But either way, if a market failure exists the outcome is not Pareto efficient. Mainstream neoclassical and Keynesian economists believe that it may be possible for a government to improve the inefficient market outcome, while several heterodox schools of thought disagree with this.[13] While Creative Destruction alludes to free-market economics as a description of processes such as downsizing in order to increase the efficiency and dynamism of a company or economy. The case of Orange and yu in my humble opinion is the stuff of Business School studies at Strathmore and others for years to come. The questions that the country now needs to ask include:- 1. How will the demise of two major multinationals in Kenya going to affect the country's FDI outlook? Kenya is quickly gaining a reputation as a graveyard for MNCs who come here without appreciating the GLOCAL Principle. 2. What are the market dynamics that are going to be unleashed by a a defacto duopoly that now exists? 3. What impact will it have going forward on the attractiveness of Kenya as a destination for tech giants and Startups alike? 4. Is the regulatory environment being optimally executed to protect both investors and consumers alike? 5. Lastly - the more things change the more they remain the same? Seriously. The way this is going I won't be surprised if Airtel also throws in the towel seeing as they haven't turned a profit since their entry into the country. Ali Hussein +254 0770 906375 / 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad

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Construction at Konza City to start in three months time
by Grace Githaiga 01 Apr '14

01 Apr '14

Construction at Konza City, Kenya’s pioneer technopolis, is expected to start in the next three months.The chairman of the Konza Technopolis Development Authority (Kotda) John Ngumi said companies are waiting for an ongoing survey to be completed to start construction of infrastructure. http://www.nation.co.ke/business/Construction-at-Konza-City-to-start-in-thr…

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Fwd: [AfrICANN-discuss] 42 fellows for the ICANN 50 meeting - 42 boursiers pour la 50ème réunion de l'ICANN
by Bob Omondi 31 Mar '14

31 Mar '14

Just in case you have not seen this... Regards Bob. ---------- Forwarded message ---------- From: Yaovi Atohoun <yaovi.atohoun(a)icann.org> Date: Mon, Mar 31, 2014 at 9:00 PM Subject: [AfrICANN-discuss] 42 fellows for the ICANN 50 meeting - 42 boursiers pour la 50ème réunion de l'ICANN To: AfrICANN list <africann(a)afrinic.net> Dear all (Français plus bas) 42 fellows from 34 countries have been selected to participate in ICANN's Fellowship program at the 50th Public Meeting in London, 22-26 June 2014. More informagtion at http://www.icann.org/en/news/announcements/announcement-31mar14-en.htm The 51st ICANN meeting in Los Angeles to be held 12-16 October 2014 - Application Round opens: 18 April 2014 at 23:59 UTC - Application Round closes: 2 June 2014 at 23:59 UTC - Selected Fellows announced: 14 July 2014 Thanks ----------- Bonjour à tous, 42 boursiers provenant de 34 pays ont été sélectionnés pour participer à la 50ème réunion de L'ICANN qui aura lieu à Londres du 22 au 26 Juin 2014. Plus d'information sur l'annonce à l'adresse http://www.icann.org/en/news/announcements/announcement-31mar14-en.htm La 51ème réunion de l'ICANN aura lieu à Los Angeles du 12 au 16 Octobre 2014 La réception des demandes de bourses commence le 18 Avril 2014 à 23:59 UTC Date limite de réception des demandes le 2 juin 2014 à 23:59 UTC Laliste des candidats retenus sera publiée le 14 Juillet 2014 Merci - Yaovi Atohoun Stakeholder Engagement and Operations Manager - Africa ICANN - www.icann.org Mobile : +229 66015649 / 97891228 Skype : yaovi.atohoun.icann _______________________________________________ AfrICANN mailing list AfrICANN(a)afrinic.net https://lists.afrinic.net/mailman/listinfo.cgi/africann

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Re: [kictanet] Appeal Court Decision to anarchic sector
by ICT Researcher 31 Mar '14

31 Mar '14

Using this precedent, what would stop each of every the remainder of television broadcasters also demanding a license? On the grounds that every (corporate) person is equal before the law? Just wondering. ------------------------------ On Sun, Mar 30, 2014 5:32 PM MSKS David Makali wrote: >Wkigunju: So what remedy was offered to PANG?? Purely out of justice and fairness, am curious. I followed the judgment to the end. So the court finds cck was illegal, and its actions null and void, yet riding on the same nullify, the court proceeds to take over the CAK's presumed mandate and, sorry to say but ironically arbitrarily, without complying with any due process (since it had nullified the cck one that awarded pang and signet licenses) proceeds to award the media a license uncompetitively while depriving Pang? Isnt this synonymous with stealing from one and giving to another? Am Damned if this is justice. > >- Makali >This is official mail. If you doubt the content, call back on +254722517540. > >On Mar 30, 2014, at 3:50 PM, "wgikunju(a)gmail.com" <wgikunju(a)gmail.com> wrote: > >> You're spreading false alarm ICT researcher, the Judges offered remedy for PANG, and directed that the government should comply with the Constitution to legally constitute a 'CCK' with authority to regulate the industry. Please read the judgement in full. >> --WG >> -----Original message----- >> From: ICT Researcher >> Sent: 30/03/2014, 3:10 pm >> To: wgikunju(a)gmail.com >> Cc: KICTAnet ICT Policy Discussions >> Subject: [kictanet] Appeal Court Decision to anarchic sector >> >> >> Just watching http://www.citizennews.co.ke/news/2012/local/item/18216-appeal-court-orders… >> >> 1. Declared CCK media regulatory role illegal >> 2. Court cancelled licensed earlier issued to PANG >> 3. Court awards 3 a license exempted from competitive bidding process >> 4. Court give license subject to same terms and conditions >> 5. Court rushes next year's switch off date to September this year >> >> Since the court declared CCK illegal, will the same court assume implementation role including migration process? >> >> Foreign investors in Kenya have cause to be very worried. >> >> >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com >> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. >> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. > >_______________________________________________ >kictanet mailing list >kictanet(a)lists.kictanet.or.ke >https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ict.researcher%40yaho… > >The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. > >KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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Press Release by African Union of the accreditation of DotAfrica
by Auguste K. Yankey 31 Mar '14

31 Mar '14

Thank you for sharing to your various mailing list. With my best regards, 0100101101110111101000101010101100101010100101011000101010001011010001101101001 Auguste YANKEY K. Information Society Div. Dept. of Infrastructure and Energy www.AFRICA-UNION.org<http://www.africa-union.org/> or www.AU.int/infosoc<http://www.au.int/infosoc> P.O.Box 3243, Addis-Ababa, ETHIOPIA E: yankeyka(a)africa-union.org<mailto:yankeyka@africa-union.org> E: yankeyka(a)yahoo.fr<mailto:yankeyka@yahoo.fr> 0100101101110111101000101010101100101010100101011000101010001011010001110111010 Auguste K. Yankey Senior Policy Officer | Infrastructure and Energy Division | African Union Commission Tel: (251) 11 551 77 00 | Fax: (251) 11 551 78 44 | E-mail: YANKEYKA(a)africa-union.org<mailto:YANKEYKA@africa-union.org> | Web:www.au.int<http://www.au.int> Addis Ababa | Ethiopia Disclaimer: This message contains confidential information and is intended only for the recipient . If you are not the intended message recipient you must not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The Sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. [cid:image9f4e98.GIF@3ddf48f4.4fa8517f] Please consider the environment before printing this email message.

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