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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 14 Oct '08

14 Oct '08

Fello Kenyans I am actually amazed by what PS Ndemo is trying to do with the assistance of some people who are just out to make a quick kill. I was at the Strathmore ICT conference and was suprised the way PS Ndemo was actually talking about what he does not practise. PS Ndemo talked about the students participating in start ups and also being assisted in business incubationn. How can students from Kenya be innovators when all business investments are supposed to be owned by foreigners? I listened to Mr Paul Kukubo who rushed to the defense of private sector when one of the participant asked CBA, Safariicom, and other private companies what they were doing to assist students in achieving dreams and nurturing innovation. Paul Kukubo, instead of leaving the private sectoor to answer, rushed to their defence and said that the private sector cannot do that because they are not venture capitalist. So sad Kenyans. So sad when you hear that. There is a clause of CSR on the business lincense whicch these companies are given and when Paul rush to defend companies then you realise what kind of mess we are in. I have nothing against Paul and really admire his work but let me tell you Kamotho, Alex, Maina, and all that our children and us cannot be innovators and good investors when we buildd the mentality that the foreigners are the best. The people who pose as the foreigners are actually local corrupt officials and so opportunity must be given equally. The said foreigners all come and borrow in Kenyan banks and use Kenyan expertise and those who have trried to use pure foreign expertise have failed. Kenyans lets wake up and stop seeing our children and ourselves as stupid. We are smart and caan make it and KICTANET should support us on this and not stop the people who expose cons. The cons in ICT must be stopped on their tracks. Njeri Rionge, Kukubo, Dr Adera, Gilda, Alice Kinyua, bernard Kioko, Moses Kemobaro are all local guys really setting up the pace and trend in ICt in this country. They didd what they did because they were given a chance. We must stop Dr Ndemo from giving foreigners exclusive righst in ripping this country. We have no apologies for the crooked people who have all thought that we can just spit on locals like Nick Nesbitt and Crystal watley have tried to do here. We dont owe Nick and Crystal anything. They owe us alot Regards JM ----- Original Message ---- From: kamotho Njenga <kamothonjenga(a)gmail.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Monday, October 13, 2008 5:51:39 PM Subject: Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests Seems like the polemical arsenal and vitriol is now shifting towards my direction. I humbly rest my case on this issue. Another topic might be a better idea for us. Kamotho Njenga On Sat, Oct 11, 2008 at 8:30 PM, <mwananchi(a)hushmail.com> wrote: Kamotho, If the issues are too intertwined for you to follow then you should say so and ask for simplification to enhance your ability to follow through and distinguish what is what. Nonetheless, has PS Ndemo denied the occurrence of any the facts? What PS Ndemo has, is a different interpretation of the facts and how they took place. There is no issue personally with PS Ndemo, what there are issues with are specific actions he is carrying out while in his capacity as a public servant. - Ndemo admitted he signed an MOU with Libyans. - Ndemo admitted that before he left for Malaysia he made pronouncements about changes in local shareholding requirements - Ndemo admitted he signed a "settlement agreement" with a certain foreign company - Ndemo admitted there are problems with current investment policies PS Ndemo is public servant who serves the Kenyan public not just special interests in Kictanet. If other Wananchi have found it on their own accord to forward discussions to other forums then do your duty to take it up as an issue on those forums. As PS Ndemo says, there is nothing to hide! In the same spirit of openness, Ndemo's response has also been cross posted on other discussion lists by other listers who saw it fit to do so. You see Kamotho, you've not presented a single iota of evidence or fact, just empty rhetoric and belligerence. If you have any facts, have conducted any investigations, gone to the relevant High Court registrars, consulted the Attorney General, gone to archives to determine whether what Ndemo said has been manufactured and contradicts what has been shared here, then by all means speedily share the documents and facts, debunk each specific fact and let these matters be put to rest. PS Ndemo is free to start a lawsuit against the High Court of South Africa, the High Court of Kenya and any other party all from which the facts have been sourced from so that the same facts can be gladly repeated and established under oath and public record. It is however understandable that belligerent empty rhetoric seems to be the only defence one can possibly turn to in a feeble attempt of censorship when faced with indisputable facts. Good day. Peterson On Sat, 11 Oct 2008 15:21:11 +0000 kamotho Njenga <kamothonjenga(a)gmail.com> wrote: >Friends, > >Beyond question, Kenyans have a right to seek information as well >clarity >on any issue pertinent to the ICT sector.That right includes >expressing >views on matters where in ones opinion a route less than optimal >in their >opinion has been followed. The freedom of expression is not a >preserve to >any individual or group. But as a necessity such fundamental >rights must be >exercised within some confines of responsibility, propriety and >decorum. > >Without over generalizing, this is the first time that allegations >have been >pursued with profundity, relentlessness and zeal of a unique >magnitude and >has been extended beyond KICTANET. For I have personally received >similar >messages in my other mail accounts that are not subscribed to this >forum. >The personalized overtones that have accompanied the pursuit of >this matter >whose goal is yet to be specified can neither be denied nor >ignored. > >What is not in dispute is that the drivers of these allegations >have their >issues mixed up.At one point their claim is on MOUs, the next is >on >localization and at times its on "crooks" and so on. In a >nutshell; alot of >generalities and unguided missile whose clear intention is to >finish >somebody in one way or the other. Its so evident that there is an >unwavering >struggle to demonise the PS by depicting him in bad light. Since >then, the >PS has come out clearly on all points of accusations never mind >that all the >allegations are anchored on conjecture. > >On this basis and on the premise of objectivity, one canly >conclude that the >authors of these allegations are at best riding on the back of far >fetched >malice and wallowing entirely in the miasma of hollow vendetta.The >alarmist >tell tales (Whistle blowing/Whistling) should be dismissed with >all the >contempt they deserve. > > >Kamotho Njenga > > > > >On Sat, Oct 11, 2008 at 6:12 AM, <mwananchi(a)hushmail.com> wrote: > >> Dear Eric, >> >> Some weekend reading for you, this article was directed at NEPAD >> and the then Finance Minister and it covers some of the issues >we >> have been discussing. >> >> Africa, Kimunya should seek monetary policies that serve local >> interests >> >http://www.bdafrica.com/index.php?option=com_content&task=view&id=8 >2 >> >62&Itemid=5821<http://www.bdafrica.com/index.php?option=com_content >&task=view&id=8262&Itemid=5821> >> >> "This, however, remains the quintessential question of African >> development: how to achieve economic independence in an >> international and regional context where the profit motives of >most >> investors and lenders rarely correspond to our growth and >> development goals." >> >> We simply cannot achieve economic independence when over 80 >percent >> of the economy is in the hands of foreigners more so non >Africans >> and PS Ndemo now wants to eliminate indigenous ownership >> requirements. Local ownership requirements did not deter the >> credible and serious Zain's, Vodafone's, France Telecom's, >Altech's >> of this world from coming into Kenya. Has PS Ndemo forgotten >that >> Kenya's FDI in the last year rose by over 1300 percent? >> >> Is it fair that some local individuals could use multiple >separate >> companies in which they have substantial shareholding so as to >> maximize their effective share of TEAMS while other legitimate >> local and international investors are locked out? These and >other >> criteria (total beneficial ownership etc) need to be looked at >and >> analysed to get to the core of the matter. >> >> It is a pity that PS Ndemo seems to believe that it is a bad >thing >> when Peterson asks the Government to listen to local investors >and >> take their interests into consideration while striking a balance >in >> the same way he listens to foreign investors and makes arbitrary >> non-consultative policy changes just because the Nesbitt's of >this >> world (who already have a tax holiday) have already arm twisted >him >> behind closed doors into submission. We want these unnamed >vested >> interests to take their case to the Kenyan public and to stop >> coercing public servants behind closed doors, if they can >convince >> the public openly that what they need is good for Kenya then the >> public through their representatives will effect such changes >> openly and transparently. >> >> As for the other matters, they don't require endorsement or >> agreement, the facts stand on their own, they are facts anyone >can >> verify by going to the High Court registrar, providing the case >> number and obtaining the same documents and rulings. The near >> collapse and disrespect of our institutions is as a result of >the >> permeation and embrace of a culture of impunity. If these >> institutions were respected by among others, PS Ndemo, it would >not >> be an issue affecting the nation. >> >> I challenge anyone with any contradicting documents to dispute >the >> facts by presenting the same rather than attempting to >assassinate >> the messenger for blowing the whistle. >> >> Have a good weekend. >> >> Regards, >> >> Peterson >> >> On Fri, 10 Oct 2008 15:38:36 +0000 "Eric M.K Osiakwan" >> <emko(a)internetresearch.com.gh> wrote: >> >Dear Peterson, >> > >> >I go with you on the wheel that the vested interest of the >country >> >in >> >paramount..... >> > >> >The elements of my case though disappointing, i went with the >> >established criteria since was applied across board but then in >> >the >> >situation where most of the local companies are majority owned >by >> >non- >> >Africans, then one needs to look into the criteria again. >> > >> >The larger question, we need to raise is how do we ensure that >the >> > >> >interest of other African investors can be unheld in another >> >African >> >jurisdiction, in the context of developing Africa by Africans. >You >> > >> >know the TEAMS process is still ongoing so lets allow the >> >establish >> >procedures and policies to work, am patient and dont have any >hard >> > >> >feelings at all. >> > >> >The other big question that we need to answer is, these huge >> >infrastructure projects require huge sums of money, personally >am >> >not >> >a deep pocket in that sense but at least i can raise the money, >> >may >> >be from another African country or worse case outside the >> >continent >> >if the amounts are way over. The TEAMS model where public funds >> >are >> >used to underwrite the risk in order to ensure that the entry >> >barriers for investment are minimised so local investors and >> >entrepreneurs can participate are innovative and i personally >want >> >to >> >give the TEAMS model a chance to succeed. We as Africans need >to >> >evolve solutions to our unique problems, ofcourse borrowing in >> >same >> >cases from others who have gone ahead. >> > >> >Unfortunately, i would have to distant myself from some of the >> >allegations though you establish them on factual basis, it >would >> >be >> >good for the right authorities to follow it through so that we >> >have >> >conclusive situations. Also, those involved must be given a >chance >> >to >> >present their side of the argument so that those in this forum >can >> >be >> >more knowledgable. Again, if we can keep it tactful, then the >> >common >> >good is preserved for the sake of posterity. >> > >> >Have a good weekend, good people. >> > >> > >> > >> >On 10 Oct 2008, at 20:16, mwananchi(a)hushmail.com wrote: >> > >> >> Dear Eric, >> >> >> >> At the end of the day, Kenyans only want the best for our >> >nation. >> >> Kenyans certainly are not against beneficial foreign direct >> >> investment and welcome it provided it is conducted under >> >policies >> >> that result in a win-win situation for Kenyans and the >investor. >> >> Unfortunately the country's policies particularly those being >> >> fronted now do not reflect that wish, which is why it is >> >important >> >> that the Government pay attention to what local and would be >> >> international investors are saying and strike a balance that >is >> >a >> >> win-win for both. >> >> >> >> In your case, had PS Ndemo stuck with his proposal that he >made >> >in >> >> 2007, Internet Research would not be experiencing any >hurdles. >> >The >> >> local component would also have been preserved in a manner >not >> >> detrimental to your company. >> >> >> >> I hope that PS Ndemo will address the issue of your company. >> >Kenya >> >> as an African country should not be deterring Kenyan or any >> >other >> >> African investors who are credible and who operate and >respect >> >our >> >> laws and institutions instead of trampling them underfoot and >in >> >> the one case that has been mentioned, deliberately failing to >> >meet >> >> their obligations for over 4 years. These are the same types >of >> >> investors who have been rejected by Altech, the nations of >Papua >> >> New Guinea, Malawi, Nigeria. The same characters who failed >to >> >meet >> >> their licence obligations for years in New Zealand and were >> >lucky >> >> to get token percentage ownership of what was left when >credible >> >> investors took over and who in Lesotho have been engaged in >tax >> >and >> >> roaming link frauds. >> >> >> >> http://rapidshare.com/files/152715858/fraud_in_lesotho.pdf >> >> >> >> They finally found a safe haven to land in Kenya embraced by >a >> >> culture of impunity where it does not matter if you meet your >> >> obligations or if you operate with cancelled licences >provided >> >> powerful vested interests pave and coerce the way for you. >> >> >> >> When we reject investors whom we know such as Eric and >embrace >> >> undesirable investors instead, it shows why we precisely are >> >> lagging behind in FDI. Indeed if Kenya gave investors 5 years >as >> >it >> >> did in this particular case to pay licencing fees, the >country >> >> would be overwhelmed with numerous investors. As the >occassion >> >of >> >> Moi Day graces us today, the Moi government despite its many >> >flaws >> >> was quick to realize what type of animal this was and >correctly >> >> rejected them not just once but twice. >> >> >> >> Peterson >> >> >> >> On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan" >> >> <emko(a)internetresearch.com.gh> wrote: >> >>> Dear Peterson, >> >>> >> >>> Thanks for establishing a set of facts and am sure the right >> >>> people >> >>> would respond to the issues you have riased. I hope the >> >discussion >> >>> >> >>> would continue on a factual basis and not degenerate. >> >>> >> >>> I want to also present one set of facts regarding my >> >participation >> >>> in >> >>> the TEAMS project. My company, Internet Research went >through >> >the >> >>> >> >>> entire process and indeed qualified to be allocated shares >but >> >at >> >>> one >> >>> of the proposed shareholders meeting, the issue of local >> >ownership >> >>> >> >>> came up. >> >>> >> >> -- >> Learn from the comfort of your home. Choose your degree and >receive a free >> info pak. >> >> >http://tagline.hushmail.com/fc/Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPt >QZA6nTe5QdbJulIxcO/ >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: kamothonjenga(a)gmail.com >> Unsubscribe or change your options at >> >http://lists.kictanet.or.ke/mailman/options/kictanet/kamothonjenga% >40gmail.com >> -- Click here to find the perfect picture with our powerful photo search features. http://tagline.hushmail.com/fc/Ioyw6h4dI2fuQk9musd2YGyqHzxlI5AZaivXRccLVnr9… _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: kamothonjenga(a)gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kamothonjenga%40gmail.…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 14 Oct '08

14 Oct '08

Ndugu Dr Ndemo is stopping Kenyans from owning Telecos and thats the crux of the matter. Dr Ndemo sees it fit to engage shoddy people posing as foreigners to loot this country withoutt quality but just by registering companies ion Dubai and wherever Dr Ndemo is the enemy of Kenyans and not anybody else JM ----- Original Message ---- From: aki <aki275(a)googlemail.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Monday, October 13, 2008 10:42:01 AM Subject: Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests Dear Dr Ndemo and all, I beg to differ with the point raised so far. My opinion as a techie much lower in the food chain, we deal with logics. And the logic so far is as follows, which makes its even more interesting and since no one is mixing words, actually bordering on the egde of a conspiracy.... but I'll leave the strong words and chain of events for you all to figure out. It seems the bone of contention is the local share holdings portion but seems from the emails there are other agendas involved, including justifying " nationalism". So lets raise the questions, regarding the percentage of local ownership shareholdings in telco sector : 1) Why is this such a problem and to whom? 2) What lack of benefits will result from a 100% owned telcos and to whom? 3) What kenyas will suffer from the lack of ownership in such telcos? 4) Who are these kenyans who want to be part of the telcos and for some reason are going to be stopped ? 5) Where is the money coming from, for kenyans to own shares in the telco sectors? In a nutshell, it is becoming clear that some are going to feel the pinch of a complete open market and will use tactics like corruption, name calling and etc to try and stop the messenger ( Bwana PS ) from implementing the necessary changes. I short, I suspect there is something much much bigger going on here. I hope someone with an insight into this will open up the entire story and LAY IT BARE. If you need to ban me from this list then go ahead, I'm getting bored with the one way traffic from the so called protectors of kenyan interests. Who are they? What interests do they have? Rgds.

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 14 Oct '08

14 Oct '08

Ndugu Dr Ndemo is stopping Kenyans from owning Telecos and thats the crux of the matter. Dr Ndemo sees it fit to engage shoddy people posing as foreigners to loot this country withoutt quality but just by registering companies ion Dubai and wherever Dr Ndemo is the enemy of Kenyans and not anybody else JM ----- Original Message ---- From: aki <aki275(a)googlemail.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Monday, October 13, 2008 10:42:01 AM Subject: Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests Dear Dr Ndemo and all, I beg to differ with the point raised so far. My opinion as a techie much lower in the food chain, we deal with logics. And the logic so far is as follows, which makes its even more interesting and since no one is mixing words, actually bordering on the egde of a conspiracy.... but I'll leave the strong words and chain of events for you all to figure out. It seems the bone of contention is the local share holdings portion but seems from the emails there are other agendas involved, including justifying " nationalism". So lets raise the questions, regarding the percentage of local ownership shareholdings in telco sector : 1) Why is this such a problem and to whom? 2) What lack of benefits will result from a 100% owned telcos and to whom? 3) What kenyas will suffer from the lack of ownership in such telcos? 4) Who are these kenyans who want to be part of the telcos and for some reason are going to be stopped ? 5) Where is the money coming from, for kenyans to own shares in the telco sectors? In a nutshell, it is becoming clear that some are going to feel the pinch of a complete open market and will use tactics like corruption, name calling and etc to try and stop the messenger ( Bwana PS ) from implementing the necessary changes. I short, I suspect there is something much much bigger going on here. I hope someone with an insight into this will open up the entire story and LAY IT BARE. If you need to ban me from this list then go ahead, I'm getting bored with the one way traffic from the so called protectors of kenyan interests. Who are they? What interests do they have? Rgds.

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Registration
by n_macharia＠yahoo.co.uk 13 Oct '08

13 Oct '08

I would like to join this very informative forum n share with ICT colleagues. Hope to be included in the mailing list henceforth. Nancy macharia Sent from my BlackBerry®

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

13 Oct '08

Kamotho, If the issues are too intertwined for you to follow then you should say so and ask for simplification to enhance your ability to follow through and distinguish what is what. Nonetheless, has PS Ndemo denied the occurrence of any the facts? What PS Ndemo has, is a different interpretation of the facts and how they took place. There is no issue personally with PS Ndemo, what there are issues with are specific actions he is carrying out while in his capacity as a public servant. - Ndemo admitted he signed an MOU with Libyans. - Ndemo admitted that before he left for Malaysia he made pronouncements about changes in local shareholding requirements - Ndemo admitted he signed a "settlement agreement" with a certain foreign company - Ndemo admitted there are problems with current investment policies PS Ndemo is public servant who serves the Kenyan public not just special interests in Kictanet. If other Wananchi have found it on their own accord to forward discussions to other forums then do your duty to take it up as an issue on those forums. As PS Ndemo says, there is nothing to hide! In the same spirit of openness, Ndemo's response has also been cross posted on other discussion lists by other listers who saw it fit to do so. You see Kamotho, you've not presented a single iota of evidence or fact, just empty rhetoric and belligerence. If you have any facts, have conducted any investigations, gone to the relevant High Court registrars, consulted the Attorney General, gone to archives to determine whether what Ndemo said has been manufactured and contradicts what has been shared here, then by all means speedily share the documents and facts, debunk each specific fact and let these matters be put to rest. PS Ndemo is free to start a lawsuit against the High Court of South Africa, the High Court of Kenya and any other party all from which the facts have been sourced from so that the same facts can be gladly repeated and established under oath and public record. It is however understandable that belligerent empty rhetoric seems to be the only defence one can possibly turn to in a feeble attempt of censorship when faced with indisputable facts. Good day. Peterson On Sat, 11 Oct 2008 15:21:11 +0000 kamotho Njenga <kamothonjenga(a)gmail.com> wrote: >Friends, > >Beyond question, Kenyans have a right to seek information as well >clarity >on any issue pertinent to the ICT sector.That right includes >expressing >views on matters where in ones opinion a route less than optimal >in their >opinion has been followed. The freedom of expression is not a >preserve to >any individual or group. But as a necessity such fundamental >rights must be >exercised within some confines of responsibility, propriety and >decorum. > >Without over generalizing, this is the first time that allegations >have been >pursued with profundity, relentlessness and zeal of a unique >magnitude and >has been extended beyond KICTANET. For I have personally received >similar >messages in my other mail accounts that are not subscribed to this >forum. >The personalized overtones that have accompanied the pursuit of >this matter >whose goal is yet to be specified can neither be denied nor >ignored. > >What is not in dispute is that the drivers of these allegations >have their >issues mixed up.At one point their claim is on MOUs, the next is >on >localization and at times its on "crooks" and so on. In a >nutshell; alot of >generalities and unguided missile whose clear intention is to >finish >somebody in one way or the other. Its so evident that there is an >unwavering >struggle to demonise the PS by depicting him in bad light. Since >then, the >PS has come out clearly on all points of accusations never mind >that all the >allegations are anchored on conjecture. > >On this basis and on the premise of objectivity, one canly >conclude that the >authors of these allegations are at best riding on the back of far >fetched >malice and wallowing entirely in the miasma of hollow vendetta.The >alarmist >tell tales (Whistle blowing/Whistling) should be dismissed with >all the >contempt they deserve. > > >Kamotho Njenga > > > > >On Sat, Oct 11, 2008 at 6:12 AM, <mwananchi(a)hushmail.com> wrote: > >> Dear Eric, >> >> Some weekend reading for you, this article was directed at NEPAD >> and the then Finance Minister and it covers some of the issues >we >> have been discussing. >> >> Africa, Kimunya should seek monetary policies that serve local >> interests >> >http://www.bdafrica.com/index.php?option=com_content&task=view&id=8 >2 >> >62&Itemid=5821<http://www.bdafrica.com/index.php?option=com_content >&task=view&id=8262&Itemid=5821> >> >> "This, however, remains the quintessential question of African >> development: how to achieve economic independence in an >> international and regional context where the profit motives of >most >> investors and lenders rarely correspond to our growth and >> development goals." >> >> We simply cannot achieve economic independence when over 80 >percent >> of the economy is in the hands of foreigners more so non >Africans >> and PS Ndemo now wants to eliminate indigenous ownership >> requirements. Local ownership requirements did not deter the >> credible and serious Zain's, Vodafone's, France Telecom's, >Altech's >> of this world from coming into Kenya. Has PS Ndemo forgotten >that >> Kenya's FDI in the last year rose by over 1300 percent? >> >> Is it fair that some local individuals could use multiple >separate >> companies in which they have substantial shareholding so as to >> maximize their effective share of TEAMS while other legitimate >> local and international investors are locked out? These and >other >> criteria (total beneficial ownership etc) need to be looked at >and >> analysed to get to the core of the matter. >> >> It is a pity that PS Ndemo seems to believe that it is a bad >thing >> when Peterson asks the Government to listen to local investors >and >> take their interests into consideration while striking a balance >in >> the same way he listens to foreign investors and makes arbitrary >> non-consultative policy changes just because the Nesbitt's of >this >> world (who already have a tax holiday) have already arm twisted >him >> behind closed doors into submission. We want these unnamed >vested >> interests to take their case to the Kenyan public and to stop >> coercing public servants behind closed doors, if they can >convince >> the public openly that what they need is good for Kenya then the >> public through their representatives will effect such changes >> openly and transparently. >> >> As for the other matters, they don't require endorsement or >> agreement, the facts stand on their own, they are facts anyone >can >> verify by going to the High Court registrar, providing the case >> number and obtaining the same documents and rulings. The near >> collapse and disrespect of our institutions is as a result of >the >> permeation and embrace of a culture of impunity. If these >> institutions were respected by among others, PS Ndemo, it would >not >> be an issue affecting the nation. >> >> I challenge anyone with any contradicting documents to dispute >the >> facts by presenting the same rather than attempting to >assassinate >> the messenger for blowing the whistle. >> >> Have a good weekend. >> >> Regards, >> >> Peterson >> >> On Fri, 10 Oct 2008 15:38:36 +0000 "Eric M.K Osiakwan" >> <emko(a)internetresearch.com.gh> wrote: >> >Dear Peterson, >> > >> >I go with you on the wheel that the vested interest of the >country >> >in >> >paramount..... >> > >> >The elements of my case though disappointing, i went with the >> >established criteria since was applied across board but then in >> >the >> >situation where most of the local companies are majority owned >by >> >non- >> >Africans, then one needs to look into the criteria again. >> > >> >The larger question, we need to raise is how do we ensure that >the >> > >> >interest of other African investors can be unheld in another >> >African >> >jurisdiction, in the context of developing Africa by Africans. >You >> > >> >know the TEAMS process is still ongoing so lets allow the >> >establish >> >procedures and policies to work, am patient and dont have any >hard >> > >> >feelings at all. >> > >> >The other big question that we need to answer is, these huge >> >infrastructure projects require huge sums of money, personally >am >> >not >> >a deep pocket in that sense but at least i can raise the money, >> >may >> >be from another African country or worse case outside the >> >continent >> >if the amounts are way over. The TEAMS model where public funds >> >are >> >used to underwrite the risk in order to ensure that the entry >> >barriers for investment are minimised so local investors and >> >entrepreneurs can participate are innovative and i personally >want >> >to >> >give the TEAMS model a chance to succeed. We as Africans need >to >> >evolve solutions to our unique problems, ofcourse borrowing in >> >same >> >cases from others who have gone ahead. >> > >> >Unfortunately, i would have to distant myself from some of the >> >allegations though you establish them on factual basis, it >would >> >be >> >good for the right authorities to follow it through so that we >> >have >> >conclusive situations. Also, those involved must be given a >chance >> >to >> >present their side of the argument so that those in this forum >can >> >be >> >more knowledgable. Again, if we can keep it tactful, then the >> >common >> >good is preserved for the sake of posterity. >> > >> >Have a good weekend, good people. >> > >> > >> > >> >On 10 Oct 2008, at 20:16, mwananchi(a)hushmail.com wrote: >> > >> >> Dear Eric, >> >> >> >> At the end of the day, Kenyans only want the best for our >> >nation. >> >> Kenyans certainly are not against beneficial foreign direct >> >> investment and welcome it provided it is conducted under >> >policies >> >> that result in a win-win situation for Kenyans and the >investor. >> >> Unfortunately the country's policies particularly those being >> >> fronted now do not reflect that wish, which is why it is >> >important >> >> that the Government pay attention to what local and would be >> >> international investors are saying and strike a balance that >is >> >a >> >> win-win for both. >> >> >> >> In your case, had PS Ndemo stuck with his proposal that he >made >> >in >> >> 2007, Internet Research would not be experiencing any >hurdles. >> >The >> >> local component would also have been preserved in a manner >not >> >> detrimental to your company. >> >> >> >> I hope that PS Ndemo will address the issue of your company. >> >Kenya >> >> as an African country should not be deterring Kenyan or any >> >other >> >> African investors who are credible and who operate and >respect >> >our >> >> laws and institutions instead of trampling them underfoot and >in >> >> the one case that has been mentioned, deliberately failing to >> >meet >> >> their obligations for over 4 years. These are the same types >of >> >> investors who have been rejected by Altech, the nations of >Papua >> >> New Guinea, Malawi, Nigeria. The same characters who failed >to >> >meet >> >> their licence obligations for years in New Zealand and were >> >lucky >> >> to get token percentage ownership of what was left when >credible >> >> investors took over and who in Lesotho have been engaged in >tax >> >and >> >> roaming link frauds. >> >> >> >> http://rapidshare.com/files/152715858/fraud_in_lesotho.pdf >> >> >> >> They finally found a safe haven to land in Kenya embraced by >a >> >> culture of impunity where it does not matter if you meet your >> >> obligations or if you operate with cancelled licences >provided >> >> powerful vested interests pave and coerce the way for you. >> >> >> >> When we reject investors whom we know such as Eric and >embrace >> >> undesirable investors instead, it shows why we precisely are >> >> lagging behind in FDI. Indeed if Kenya gave investors 5 years >as >> >it >> >> did in this particular case to pay licencing fees, the >country >> >> would be overwhelmed with numerous investors. As the >occassion >> >of >> >> Moi Day graces us today, the Moi government despite its many >> >flaws >> >> was quick to realize what type of animal this was and >correctly >> >> rejected them not just once but twice. >> >> >> >> Peterson >> >> >> >> On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan" >> >> <emko(a)internetresearch.com.gh> wrote: >> >>> Dear Peterson, >> >>> >> >>> Thanks for establishing a set of facts and am sure the right >> >>> people >> >>> would respond to the issues you have riased. I hope the >> >discussion >> >>> >> >>> would continue on a factual basis and not degenerate. >> >>> >> >>> I want to also present one set of facts regarding my >> >participation >> >>> in >> >>> the TEAMS project. My company, Internet Research went >through >> >the >> >>> >> >>> entire process and indeed qualified to be allocated shares >but >> >at >> >>> one >> >>> of the proposed shareholders meeting, the issue of local >> >ownership >> >>> >> >>> came up. >> >>> >> >> -- >> Learn from the comfort of your home. Choose your degree and >receive a free >> info pak. >> >> >http://tagline.hushmail.com/fc/Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPt >QZA6nTe5QdbJulIxcO/ >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: kamothonjenga(a)gmail.com >> Unsubscribe or change your options at >> >http://lists.kictanet.or.ke/mailman/options/kictanet/kamothonjenga% >40gmail.com >> -- Click here to find the perfect picture with our powerful photo search features. http://tagline.hushmail.com/fc/Ioyw6h4dI2fuQk9musd2YGyqHzxlI5AZaivXRccLVnr9…

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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Praemonitus praemunitus
by Gakuru Alex 12 Oct '08

12 Oct '08

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

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

11 Oct '08

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

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

11 Oct '08

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

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

10 Oct '08

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

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

10 Oct '08

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

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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:[email protected] <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

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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

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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

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:[email protected]|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

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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" <[email protected]>; "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:[email protected]|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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