- KICTANet - KICTANet

Econet licence stays cancelled, court rules
by Mike Theuri 14 Apr '06

14 Apr '06

Econet licence stays cancelled, court rules By RICHARD MUNGUTI THE High Court yesterday stood the decision taken by the Government to cancel a licence allowing Econet Wireless Kenya Limited to provide mobile services. Justice Mohammed Ibrahim said the court lacks jurisdiction to restrain the Government from cancelling the licence issued to Econet by the Communications Commission of Kenya (CCK). Justice Ibrahim in declining to reverse the decision by former Minister for Information and Communication, Raphael Tuju, to cancel the licence, said Econet was not clear over the kind of relief it was seeking. He said the order for prohibition was granted improperly and in breach of the principles of natural justice. "No allegations of illegality, impropriety or irrationality were made against CCK, yet it was restrained and injuncted in respect of some alleged deadline of payment of US$12 million which was not an issue from the statement issued by the minister revoking the licence and directing the commencement of the exercise anew," the judge said. He noted that Econet was seeking an injunction but instead applied for an order of prohibition by way of a judicial review. "In this application the prayer for injunction was 'hidden' in a different clothing and innocuously tucked away as a consequential order and made to appear as an integral and necessary part of the leave and stay," Justice Ibrahim noted. He added that "courts many times such applications are treated with a little more sacredness and solemnity that it would otherwise deserve." Justice Ibrahim had in November 2004 granted Econet leave to commence a suit against the minister and CCK challenging the orders. He had allowed the leave to operate as a stay of the minister's order to cancel the licence issued to Econet as the third Global System for Mobile Communications Operator (GSM) in the country. Econet was to join Safaricom and Celtel as mobile phone providers. Econet urged the court to restrain CCK from cancelling or suspending the licence issued to it even after the expiry of a deadline to pay a balance of US$12 million. The payment was not to be effected before the determination of another case commenced against CCK by Kenya Telecommunications Investment Group Limited. source : http://www.timesnews.co.ke/14apr06/nwsstory/news3.html

1 0

Fw: [alac] Who owns Gondwanaland's domain?
by alice＠apc.org 13 Apr '06

13 Apr '06

> Thought this might be of interest. Apologies for cross posting > > > Pierre > > > Who really owns Gondwanaland's domain? > > > By Stephen Bell, Wellington | Thursday, 13 April, 2006 > > > > Exactly who owns a country's internet domain? This was the question put to > delegates attending the ICANN (Internet Corporation for Assigned Names and > Numbers) conference in Wellington last week. > > A panel of government and internet community delegates heard a number of > scenarios dealing with government involvement with the internet. > > Gondwanaland, a fictitious country, and its domain, was used as a basis > for > discussing the issues around who "owns" a country's domain. > > The first scenario supposed that Gondwanaland domain's manager passed > control of the domain on to his or her cousin. Should they be allowed to > do > so? If not, who should be consulted? > > The government should be consulted, said Frank March, from New Zealand's > Ministry of Economic Development and InternetNZ, if only as a > representative > of the people. With the internet so heavily used today, you have to ask: > "Is > .nz owned by the New Zealand community [or] is it public property?" > > Before allowing the domain to be handed over, ICANN should at least check > some form of public consultation had taken place, says March. > > Malaysia's Communications Commission delegate, Sharil Tarmizi, has a > different view. > > "It's not a matter of whether government should be consulted, but whether > government approval for the change should be sought," he says. The > internet > is a "national resource". > > But, suppose the domain was handed over without government approval, and > the > government subsequently says the new owner should not have it. What then? > New Zealand Domain Name Commissioner, Debbie Monahan, believes > effectiveness > in the job should be the criterion here. > > "The government has no right to take it away from me if I'm doing my job," > she says. But, Tarmizi countered that even if this was so, "there has to > be > some sense of accountability [to government]." > > The situation of .go domain holders who do not live in Gondwanaland > further > complicates matters. They are not beholden to the government, but they > still > have an interest in the domain, says Monahan. > > Suppose then that the government concerned approaches ICANN to get the > domain moved to another party? What then? > > ICANN's Government Advisory Committee says the matter should be dealt with > in accordance with the national law of the country concerned, says Cheryl > Langdon Orr, the delegate from the Internet Society's Australian chapter. > ICANN would not consider itself empowered to make such a move if ownership > was legal. However, the government concerned could step in and make a new > law if it wished. > > Another scenario supposed that a military coup took place in Gondwanaland > and that the ruling general then appointed his cousin "Supreme Head of IT" > and the owner of the .go domain. How should ICANN react to this? > > ICANN should stall and consult the pre-coup holder of the domain to assess > public support for the change, says Canadian domain manager Bernie > Turcotte. > New Zealand's ICANN board member Peter Dengate Thrush pointed out that > delegates were neglecting the legal analysis of domain problems. > > "A country-code, top-level domain is owned by the community, and ownership > is a legal concept," he says. The fact of possession has legal weight and > should work against any irregular transfer of ownership. > > Further scenarios suggested were even wilder. One involved the original > owner having a gun pointed at his head, begging ICANN to allow the domain > to > be transferred to save his life. The consensus was that the transfer > should > go ahead, but that a return to the original owner should be considered > later. > > As a last resort, ICANN can take a domain back and do its own > re-delegation. > But the panel consensus was this should only happen if the rules laid out > in > RFC 1591 were breached. > > Copyright C 2005, IDG Communications New Zealand Limited. Privacy Policy > <http://idg.co.nz/privacy> > > > > > > > > > > > > > > > > > > >

1 0

RE: [Kictanet] Kenya Information & Communications Bill analysis
by Wainaina Mungai 13 Apr '06

13 Apr '06

Dear all, In an attempt to resolve the problem, I have made a few changes to the subscription of pmudimu(a)econetwireless.com . I believe the auto-reply emails will not recur. Apologies for any inconvenience. --- Wainaina Mungai http://www.madeinkenya.org SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. > -------Original Message------- > From: Eric Aligula <Jairah(a)kippra.or.ke> > Subject: RE: [Kictanet] Kenya Information & Communications Bill analysis > Sent: 13 Apr '06 09:06 > > This message from pmudimu(a)econetwireless.com is clogging the system. Can > something be done to stop it? > > Eric M. Aligula, PhD. > Senior Policy Analyst > Infrastructure and Economic Services Division > Kenya Institute for Public Policy Research and Analysis (KIPPRA) > P.O. Box 56445, 00200 Nairobi, Kenya > Telephone: +254-20-2719933/4; Fax: +254-20-2719951 > E-mail: jairah(a)kippra.or.ke; URL: http://www.kippra.org/ > > Write the vision, and make it plain upon tables, that he may run that > readeth it. > Habakkuk 2:2 > -----Original Message----- > From: pmudimu(a)econetwireless.com [mailto:pmudimu@econetwireless.com] > Sent: Thursday, April 13, 2006 8:41 AM > To: jairah(a)kippra.or.ke > Subject: [Kictanet] Kenya Information & Communications Bill analysis > > > THIS IS AN AUTOMATED RESPONSE > > Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until > Tuesday, 18 April 2006. > > Your email has not been read. > > .. > > DISCLAIMER: The information in this message is confidential and is legally > privileged. It is intended solely for the addressee. Access to this message > by > anyone else is unauthorized.If receiving in error please accept our > apologies > and notify the sender immediately. You must also delete the original > message from your machine. If you are not the intended recipient, any use, > disclosure, copying, distribution or action taken in reliance of it, is > prohibited > and maybe > unlawful. > > > > > > _______________________________________________ > kictanet mailing list > kictanet(a)kictanet.or.ke > http://kictanet.or.ke/mailman/listinfo/kictanet > > Please unsubscribe or change your options at > http://kictanet.or.ke/mailman/options/kictanet/jairah%40kippra.or.ke > > _______________________________________________ > kictanet mailing list > kictanet(a)kictanet.or.ke > http://kictanet.or.ke/mailman/listinfo/kictanet > > Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/wainaina%40madeinkenya.org >

2 1

RE: [Kictanet] Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. ..

2 1

RE: [Kictanet] Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. ..

1 0

Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. .. DISCLAIMER: The information in this message is confidential and is legally privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized.If receiving in error please accept our apologies and notify the sender immediately. You must also delete the original message from your machine. If you are not the intended recipient, any use, disclosure, copying, distribution or action taken in reliance of it, is prohibited and maybe unlawful.

1 0

Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. .. DISCLAIMER: The information in this message is confidential and is legally privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized.If receiving in error please accept our apologies and notify the sender immediately. You must also delete the original message from your machine. If you are not the intended recipient, any use, disclosure, copying, distribution or action taken in reliance of it, is prohibited and maybe unlawful.

1 0

Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. .. DISCLAIMER: The information in this message is confidential and is legally privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized.If receiving in error please accept our apologies and notify the sender immediately. You must also delete the original message from your machine. If you are not the intended recipient, any use, disclosure, copying, distribution or action taken in reliance of it, is prohibited and maybe unlawful.

1 0

Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. .. DISCLAIMER: The information in this message is confidential and is legally privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized.If receiving in error please accept our apologies and notify the sender immediately. You must also delete the original message from your machine. If you are not the intended recipient, any use, disclosure, copying, distribution or action taken in reliance of it, is prohibited and maybe unlawful.

1 0

RE: [Kictanet] Kenya Information & Communications Bill analysis
by pmudimu＠econetwireless.com 13 Apr '06

13 Apr '06

THIS IS AN AUTOMATED RESPONSE Our offices are closed from 16h00 on WEDNDESDAY, 12 April 2006 until Tuesday, 18 April 2006. Your email has not been read. ..

1 0