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Re: [kictanet] PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 16 Oct '08

16 Oct '08

Wainaina, The issues are several but lets not muddy the waters by mixing up separate, distinct and in some of the ones you have listed misinterpreted issues to revert back to what the opponents of accountability and transparency did when they rushed in to silence, resulting in a very energised thread on issues that some feel very strongly about. Naturally some will share the same views as those below and others will disagree: >A: That the PS (I&C) announce that policies shall be developed in >an open, transparent and consultative manner. He also must organise a >forum to kickstart non-emotive talks by mid-November. PS Ndemo so far has defended his proposal and has not yielded an inch. The PS does not appear willing to incorporate alternative views into policy making, and has not indicated the way forward as yet. We thank him for responding however and ask him to remember that he serves the greater Kenyan public not foreign interests and in that light his proposal should be shelved for the sake of public input. Your suggestion is appropriate and the PS could also borrow a leaf from CCK who engage in wide reaching public consultations that invite parties to provide views in writing while also publishing them before policies changes are implemented. On a matter so critical as changes in local ownership reductions to ZERO percent wider public consultations should be held or in the alternate the cabinet and parliament can define this policy on behalf of all Kenyans. As a public servant the PS is duty bound to represent all Kenyans and not selective groups of Kenyans or foreigners (a matter that would run afoul of the law -- Public Officer Ethics Act). >B: That PS Ndemo resigns and is replaced with a person of your >choice. Nobody has clearly called for PS Ndemo's resignation, if Ndemo has received a specific request to do so he should let the public know. The executive arm of government makes appointments to the office of the PS, lets not twist issues of accountability and transparency into matters of partisan politics. We want a better Kenya than that, not a Kenya where one's own is the only acceptable choice regardless of whether one can carry out the job or not. Naturally if public servants feel that they are unable to serve the Kenyan public without favour and not just foreigners and special interests then they should make honourable decisions on whether to continue with that office or not. We are simply asking PS Ndemo to act in the interests of ALL Kenyans and not to do by assumption, to respect and uphold the rule of law so as to help Kenyans fight the rotten culture of impunity and to carry out the duties of his office diligently and to the best of his abilities. Naturally doing so does not grant one a licence to act as one deems fit while forgetting who one works for. >C: That the Econet licence, Kencall licence and related MoUs, >contracts signed by PS (I&C) be cancelled. 1. The Econet licence was cancelled by the Minister for I&C. Econet went to court in an attempt to overturn the decision and failed when the High Court through Justice Ibrahim Mohammed made a final ruling in the matter see HC1640/2004. The Econet licence was cancelled and thus remains cancelled as upheld by a court of law. We must respect our institutions, our laws and the judiciary if we hope to bury the rotten culture of acting with impunity kwenye kaburi la kusahau. 2. Kencall obtained its licence legally. It is not operating under the false pretence of operating on a valid licence that was cancelled. Kencall has helped put Kenya on the BPO map. Opportunities or relaxations in policy available to Kencall should also be availed to Kenyans serious about building our economy. There is no quarrel with Kencall from this quarter on this, there may be in others. To thwart further speculation PS Ndemo should name the foreign characters who have been meeting him in his office under circumstances that would amount to blackmailing a government official into submitting to their demands. 3. The MoUs are the matter of a tribunal appointed by the President. PS Ndemo and the Minister for Energy have not told Kenyans of the extent to which Kenyans were committed to. The MoU should be publicly made available and released. The case of MOUs with foreigners, just shows that the PS and other government officials are putting foreigners ahead of Kenyans. Is PS Ndemo willing to sign an MOU with Kenyans promising to work towards increasing their local ownership percentages in ICT firms? I think not, we should not be accountable to foreigners and fail to be accountable to our fellow citizens. Does the MOU Ndemo sign grant Kenyans preferential access to Libya's ICT sector? Kenyans want to know what is in this MOUs which by all indications to date are lop sided and favour foreigners and their nations. 4. Contracts or agreements signed under false pretences should be cancelled. In any case they are invalid under laws of the land as pertains to cancelled documents by public authority. The matter of an agreement that claimed to settle out of court a case that was already out of court before the sham agreement by way of a FINAL ruling should not be misused to subvert the rule of law and our judiciary. We must put a STOP to the culture of impunity and rampant disregard of the law and judiciary. If a public servant is sacked for upholding the rule of law, let it be so, Kenyans will respect them for standing up for what is right. >D: That all stakeholders Govt., KICTANET, KIF, CA, etc organise an >"ICT Investment" policy forum to be held in Nairobi around mid- >November 2008. > 5. Agreed to in principle, all stakeholders including public and the Diaspora should be formally invited. The policy forum should also involve friends of Kenya who realise the value of having Kenyans having increased ownership in the ICT sector more so fellow Africans who are investing in our economy. However Kenyans must drive the discussion, the PS should come to the forum with an open mind ready to incorporate the views of Kenyans. >I hope this shall help us focus on defining and achieving a common >goal so that we desist from personal attacks on integrity, racial >profiling and so on... Some of us obviously feel very impassioned and disturbed at the sheer nature of PS Ndemo's bulldozed actions. Personal and other attacks will not help us define proper policy, let us respect one another going forward. I have to agree with you on this point and ask the self appointed censors of non-concurring opinion to take note of what their actions exacerbated. Asante. Peterson >Good day, >Wainaina > >On 10/16/08, Joseph Manthi <jmanthi(a)gmail.com> wrote: >> Edith,There are some useful lessons - but these lessons do not >include: >> >> 1. How to give away your national treasures - like bandwidth - >to foreign >> entities just because they say they can not do any business with >local >> entrepreneurs. In fact I know this for a fact, you would never >get a license >> to operate in UAE if this was your argument. Further to this >lesson I would >> like to point to these additional countries that would laugh you >out of town >> if you made that argument - US (some businesses like Airline, >Military and >> Defense, Telecommunications (not ISP), Radio & TV), India, >Singapore, >> Malaysia, Taiwan, Hong Kong, China, the whole of Middle East, >South Africa, >> Japan (especially Japan) >> >> 2. How not be conned. Kenya seems to heading there with its eyes >opened. >> When a man approaches a woman, it would be a very stupid woman, >who knowing >> what a man is capable of, to accept the BS that the man is >feeding her. And >> if she does then she deserves what she gets. Kenya will get what >it deserves >> and very soon. A good example is Russia and its oligarchs - all >members of >> the Forbes Richest. >> >> 3. Great leadership is necessary to grow a country. A leadership >with >> intestinal fortitude to say no under pressure. Top to bottom, >> >> 4. That the local mwananchi can invest in their own country and >manage its >> growth >> >> 5. That a great nation looks upon its diaspora to grow it - a la >Israel and >> India >> >> 6. That a great nation does not wait to be raped twice - We seem >to be >> following a process that will guarantee our raping despite how >Kenyan some >> members of this committee think they are. Its just a matter of >time before >> they pick up their bags and leave. I really do not think that as >a national >> planner I should be putting my eggs in that basket. >> >> Joe >> >> On Wed, Oct 15, 2008 at 4:55 PM, <eadera(a)idrc.or.ke> wrote: >> >>> Anyone has taken the time to thoroughly study the secret behind >>> Dubai's tremendous growth? (U.A.E in general). There are some >useful >>> lessons! >>> >>> >>> > >>> >---- Original Message ---- >>> >From: j.maina(a)ymail.com >>> >To: eadera(a)idrc.or.ke >>> >Subject: Re: [kictanet] Fwd: PS Ndemo, ECONET Scandal aand >Vested >>> >Interests >>> >Date: Wed, 15 Oct 2008 09:03:50 -0700 (PDT) >>> > >>> >>Lizette >>> >> >>> >>I think that you have racially inclined your mind. >>> >> >>> >>When did KENCALL directors become Kenyans? After getting good >>> >friends to bribe their way to this country. And let me tell >you that >>> >the money the so called investors are using are Kenyan money >not >>> >money from foreign banks. >>> >> >>> >>They have come and borrowed from Kenyan banks. How much does >the >>> >most profitable telecomms companies leave in this country, >very small >>> >amount. We have Telecomms companies which are on their marks. >They >>> >have very inferior systems and dont actually deliver in >service but >>> >make billions and run away with the billions. >>> >> >>> >>Dada Lizette, we know that there are Kenyans who are white, >black >>> >coloured and all but know that I am a mixed race Kenyan and >really >>> >sad when our brotehrs have to suffer because of bad policies >from >>> >people like PS >>> >> >>> >>JM >>> >> >>> >> >>> >> >>> >>----- Original Message ---- >>> >>From: Lizette Kraft <lfkraft(a)gmail.com> >>> >>To: j.maina(a)ymail.com >>> >>Cc: KICTAnet ICT Policy Discussions ><kictanet(a)lists.kictanet.or.ke> >>> >>Sent: Tuesday, October 14, 2008 1:52:07 PM >>> >>Subject: [kictanet] Fwd: PS Ndemo, ECONET Scandal aand >Vested >>> >Interests >>> >> >>> >> >>> >>Just my two pennies worth here. >>> >> >>> >>Kenya is not an Island that it can survive on its own even >through >>> >local investment. Most times we dont have the funds. I do >agree >>> >though about the Government and banks not supporting local >investors >>> >with loans etc. They must start giving them the opportunity to >setup >>> >local expertise and turn them in money making ventures, if >only they >>> >wouldn't fleece their own companies. Even America, the giant >needs >>> >investors!!! You all have a valid point but use it for the >best >>> >interests of Kenya and its people first and foremost. Not just >self >>> >interest for the few. And by the way Kenyans come in all >shapes, >>> >sizes, COLOURS, and creed. So please don't generalise who is >kenyan >>> >and who is not!!! Kencall directors and owners are Kenyan and >not >>> >outsiders if I understand correctly. When we are taxed whether >>> >individually or coorporately, the money is used for Kenya and >Kenyans >>> >and not for outsiders who invested! Forcing local partnership >in >>> >foreign owned companies has >>> >> its negative and positive effects. >>> >>This needs to be look at more seriously to make it a win-win >>> >situation. It has been known in the past that foreign >investors with >>> >forced local partnership have been subjected to threats and >>> >intimidation by the local partners when they wanted more than >their >>> >fare share, (given to them mind you). Thus the weariness o >>> >>of being forced now. This does not attract any investor. But >the >>> >foreigners should not fleece the country either! >>> >> >>> >>Let us have some constructive critisism without being >racially >>> >inclined. Fight to make things right no matter what but >without >>> >pinpointing nationalities or colours of people. >>> >> >>> >> >>> >> >>> >> >>> >>On 10/7/08, John Maina <j.maina(a)ymail.com> wrote: >>> >>http://www.wananchiforums.com/showthread.php?p=3150#poest3150 >>> >> >>> >>_______________________________________________ >>> >>kictanet mailing list >>> >>kictanet(a)lists.kictanet.or.ke >>> >>http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >> >>> >>This message was sent to: lfkraft(a)gmail.com >>> >>Unsubscribe or change your options at >>> >>http://lists.kictanet.or.ke/mailman/options/kictanet/lfkraft%40gma >il. >>> >com >>> >> >>> >> >>> >> >>> >> >>> >>-- >>> >>Lizette Kraft >>> >>P.O. Box 18488, 00500 >>> >>Nairobi, Kenya >>> >>Cell: 0722-800362 >>> >> >>> >> >>> >> >>> >>> >>> >>> _______________________________________________ >>> 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%40gmai >l.com >>> >> >> >> >> -- >> Joseph Manthi >> CEO >> MEO Ltd >> http://www.meoltd.com >> > >-- >Sent from my mobile device > >Made in Kenya Network >Apt. B-8, Elite Park >Ole Odume Road >P. O. Box 72031 - 00200 >Nairobi. Kenya >Tel: +254-20-3590451 >Cel: +254-722-811171 >Cel: +254-735-370840 >www.madeinkenya.org > >http://www.bungesms.com > >_______________________________________________ >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 -- Click here to find the perfect picture with our powerful photo search features. http://tagline.hushmail.com/fc/Ioyw6h4dI2gfxcy5JhZSrwtoKGNxH89RgFtnknCdDUWY…

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Re: [kictanet] Fwd: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 15 Oct '08

15 Oct '08

Lizette I think that you have racially inclined your mind. When did KENCALL directors become Kenyans? After getting good friends to bribe their way to this country. And let me tell you that the money the so called investors are using are Kenyan money not money from foreign banks. They have come and borrowed from Kenyan banks. How much does the most profitable telecomms companies leave in this country, very small amount. We have Telecomms companies which are on their marks. They have very inferior systems and dont actually deliver in service but make billions and run away with the billions. Dada Lizette, we know that there are Kenyans who are white, black coloured and all but know that I am a mixed race Kenyan and really sad when our brotehrs have to suffer because of bad policies from people like PS JM ----- Original Message ---- From: Lizette Kraft <lfkraft(a)gmail.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Tuesday, October 14, 2008 1:52:07 PM Subject: [kictanet] Fwd: PS Ndemo, ECONET Scandal aand Vested Interests Just my two pennies worth here. Kenya is not an Island that it can survive on its own even through local investment. Most times we dont have the funds. I do agree though about the Government and banks not supporting local investors with loans etc. They must start giving them the opportunity to setup local expertise and turn them in money making ventures, if only they wouldn't fleece their own companies. Even America, the giant needs investors!!! You all have a valid point but use it for the best interests of Kenya and its people first and foremost. Not just self interest for the few. And by the way Kenyans come in all shapes, sizes, COLOURS, and creed. So please don't generalise who is kenyan and who is not!!! Kencall directors and owners are Kenyan and not outsiders if I understand correctly. When we are taxed whether individually or coorporately, the money is used for Kenya and Kenyans and not for outsiders who invested! Forcing local partnership in foreign owned companies has its negative and positive effects. This needs to be look at more seriously to make it a win-win situation. It has been known in the past that foreign investors with forced local partnership have been subjected to threats and intimidation by the local partners when they wanted more than their fare share, (given to them mind you). Thus the weariness o of being forced now. This does not attract any investor. But the foreigners should not fleece the country either! Let us have some constructive critisism without being racially inclined. Fight to make things right no matter what but without pinpointing nationalities or colours of people. On 10/7/08, John Maina <j.maina(a)ymail.com> wrote: http://www.wananchiforums.com/showthread.php?p=3150#poest3150 _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: lfkraft(a)gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/lfkraft%40gmail.com -- Lizette Kraft P.O. Box 18488, 00500 Nairobi, Kenya Cell: 0722-800362

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Kenya opens door to foreign telecoms investors - From Ugandan
by John Maina 15 Oct '08

15 Oct '08

Kenyans and other Africans, Yes, I agree. We have the money. But we need to organize to stop the hemorrhage of our resources. This is our moment to make our voices heard about our countries' economic sovereignty. What many of our leaders are doing giving away our tangible and intangible assets is treasonous and inexcusable. In Uganda, my country, the president, his family and their lackeys have turned themselves into a veritable mafia of commission agents carrying water for all sorts of foreign interests. They proclaim from the rooftops how indigenous Ugandans are too poor and dumb to own and manage businesses. Yet, there is plenty of evidence to the contrary. Some of that evidence points to how foreigners, including South Asians who arrive in the country with only the shirts on their backs, are provided with multi-million dollar loans/grants to finance pet enterprises. Ugandans can only dream of such largesse. Understandably, many of those foreign "investors" take the money -- pausing only long enough to wreck the business -- and run. A good example is Tristar, a textile firm that government set up as a showcase of a successful Africa Growth Opportunity Act inspired business, was handd on a silver platter to a pair of Sri Lankan briefcase businessmen with a $2.5 million loan from the state-owned Uganda Development bank. Their only qualification was that they were "Indian", a nationality that Museveni equates with a natural entrepreneurship. In addition to the free business and loan, the conmen were vigorously and publicly supported by the President's office in exploiting an all-female workforce (including sexually), recruited deliberately from rural Uganda and kept in apartheid-era like hostels, ostensibly because they would be too docile to rebel against their poor working conditions. A parliamentary investigation was sparked when the "Agoa girls," as the workers were patronizingly called, organized and downed their tools. That's when the sordid details of the sorry venture emerged. The adage that "if you want to look for traitors, start at the top" is all too true for our countries. With leaders such as these (and silent lambs as us), is it any wonder that nearly every race holds us in contempt and reaps fortunes out of our losses! Vukoni -------- Original Message -------- Subject: [DigAfrica] Re: [africa-oped] Fwd: Re: [picta-kenya] Re: Kenya opens door to foreign telecoms investors - Show quoted text - From: "Robert Alai" <alai.robert(a)gmail.com> Date: Mon, October 13, 2008 10:34 am To: digafrica(a)yahoogroups.com, picta-kenya(a)yahoogroups.com - Show quoted text - Matunda Kenyans have the money. France Telekoms came to Kenya and bought Telkom Kenya but is being supported by the Kenyan government. It doesnt have money upto now. Kencall and all these foreigners claiming that Kenyans have no money came and borrowed in Kenyan banks. Tell me which foreigners brought their own money. Including Safaricom which went to the NSE and put up a bond. Lets not be cheated. Matunda, me and you and all people in Dig Afrika and PICTA wont have the opportunity to set up our ICT companies if Dr Ndemo is allowed to go ahead. We must insist on local partnership and its not something we should be begging for. We must insist on it Regards Alai - Show quoted text - On Mon, Oct 13, 2008 at 5:34 PM, nmatunda <matunda(a)hotmail.com> wrote: - Show quoted text - --- In picta-kenya(a)yahoogroups.com, "Mike Theuri" <mi.ke.the.u.r.i@...> wrote: Matunda, I concur with your views and completely agree with the way the Canadian banking industry has weathered the financial storm. During a brief visit to Canada I noted that there were 5 major Canadian banks and one major international institution (Europe's largest institution by way of assets) operating in Canada. According to the WEF: "Canada has the world's soundest banking system, according to a more recent report released by the World Economic Forum. Canada's banks received a score of 6.8 out of possible seven, ahead of the banks of five other countries which received a score of 6.7 per cent." We are now seeing the US rushing to regulate the banking sector and even going as far as taking ownership stakes in both US and foreign banks because Americans interest and not that of foreigners is at stake. There are lessons to be learned from this about the consequences of unplanned deregulation ie ownership, operational etc in sectors key to the economy. That said we must closely focus on the issue of Kenya and the PS' plan to invite foreigners with no conditions on local ownership. My original posting on this issue covered a number of varied issues, it appears the discussion has taken on a life of its own after it was shared on other forums and has morphed into a protracted battle between pro-PS types engaged in a concerted effort to silence the issue and individuals who despite their rather harsh and tough ways of getting the point across raise valid points that are apparently unpalatable for some. On Saturday, I received a message from an individual whom I shall not name who has gotten rather cosy with the PS of late suggesting that certain parties were out to reignite conflict in the nation through the revelation of the PS' plan and the resulting debates on lists and that I should play a participatory role in "helping them" squelch the "dissent". I responded saying that the individual was digging in the wrong place as there were no hidden dimensions to the issue other than the policies mentioned and that Kenyans should be free to hold individuals in public office to account without interference or intimidation. It was disappointing to read such a message hinged with hints to unsavoury moments in our recent history coming from an individual who once strongly stood for freedom of expression and the right to information. If other individuals have seen it fit to raise the issues outside of Picta it is indeed within their rights as Kenyans. Unfortunately the answer to Matunda's question is that there is nobody standing up for Kenyans interests on this issue, we only read in the media about plans to gazette following alleged consultations with foreign stakeholders. There is hardly ever any justification made and when it is sought, the PS has repeatedly used isolated but not precedent setting incidents such as the one I mentioned. We all recall the Ksh 100m tax payer funded trip the Finance Minister and the PS amongst other made to the western hemisphere to court Diaspora investors in 2007, only to display high handedness and refusal to answer legitimate questions seeking assurances about the ability of the Diaspora to invest in our own country. As a writer observed: http://www.kenyaimagine.com/Economy/Kenya-Finance-Minister-courts-investors… "Next was the matter of investment, especially that of Kenyans abroad. However much investment opportunities are paraded, investors, whether Kenyan or foreign, always have the same questions about the local environment with regard to; bureaucratic bottlenecks, regulatory climate, corruption, and insecurity" When such questions were brought up the delegation brushed them aside and refused to answer them. Today, we read about Ndemo appearing to disregard the interests of Kenyans through his proposed policies and calling for increased foreign participation in the Kenyan economy. This is simply wrong, why is Ndemo rushing to make conditions better for foreigners but not exhibiting the same level of effort for Kenyans to have a larger stake in the economy? Ndemo should instead be taking on the issues his delegation brushed aside when questioned by would be Kenyan investors. The PS should put his country (Kenya) and its citizens first and that means working for the common interests of Kenyans. Any Kenyan who asks the PS or the Government to justify and explain its position on such contentious proposals should be given the opportunity to express their views, not condemned and counter attacked as seems to be the case now on a discussion list serving industry interests. Kenyans should not stand by idly as non-progressive proposals are quietly drafted and made binding to Kenyans without the process being open to critique and public input. Mike On Sun, Oct 12, 2008 at 7:14 AM, nmatunda <http://../../../../post?postID=Nwl_acszxFkN4z3b2uNtU8XlfkXWMi8l7FoVzSnzRChXPvqnkZb6vcvKEzgqRf67GjelW9IqJOAw> wrote: 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

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Re: [kictanet] Kenya opens door to foreign telecoms investors - From Ugandan
by John Maina 15 Oct '08

15 Oct '08

Peterson And I think these people mistake me with someone in the diaspora. I live and work in Kenya and purely live on my own business which has passed alot and been featured as one of the most innovative businesses around. So Alex, guess which one it is and tell me about yours JM ----- Original Message ---- From: "mwananchi(a)hushmail.com" <mwananchi(a)hushmail.com> To: j.maina(a)ymail.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Wednesday, October 15, 2008 4:10:41 PM Subject: Re: [kictanet] Kenya opens door to foreign telecoms investors - From Ugandan Gichuru, Prior to asking your question you doubted whether Kenyans engaged in holding a public servant to transparently account, actually worked, actually resided in Kenya, actually contributed to economic growth and were only complainants incapable of creating effective change. In doing so, I believe you answered your own question before you had a chance to ask it. One can only conclude that your call for stories is not sincere. Promoting veiled stereotypes, while suggesting that Kenyans who live in Kenya cannot stand up for their rights, will not detract non-elitist Kenyans from ensuring that public servants accountably engage in service delivery to the Kenyan people. The suggestion that people are layabouts who wake up one day and raise an issue that does not affect them in anyway should be consigned to the proper dustbin. Thank you. Peterson On Tue, 14 Oct 2008 11:17:05 +0000 gichuru(a)gmail.com wrote: >I keep asking myself , how much change can you effect by >complaining >and criticizing the ones who are actually working? How many of you >criticizing the PS and other government initiative are in Kenya >contributing to the economic growth? How many have tried running a >business in this country in the last 10 years and can testify to >growth? > >I am not saying more cant be done, but appreciate what has been >done..... But if you really have something to say a burning desire >to >share, dont talk about the KLM story, KQ Story, we already know >about >them, lets hear about your story.. what are you doing or have you >done? Lets judge for ourselves if you can deliver given a >chance.... > > > >On 10/14/08, John Maina <j.maina(a)ymail.com> wrote: >> Kenyans and other Africans, >> >> Yes, I agree. We have the money. But we need to organize to stop >> the hemorrhage of our resources. This is our moment to make our >voices >> heard about our countries' economic sovereignty. What many of >our >> leaders are doing giving away our tangible and intangible assets >> is treasonous and inexcusable. >> >> In Uganda, my country, the president, his family and their >lackeys >> have turned themselves into a veritable mafia of commission >agents >> carrying water for all sorts of foreign interests. They proclaim >from >> the rooftops how indigenous Ugandans are too poor and dumb to >own and >> manage businesses. Yet, there is plenty of evidence to the >contrary. >> Some of that evidence points to how foreigners, including South >Asians >> who arrive in the country with only the shirts on their backs, >are >> provided with multi-million dollar loans/grants to finance pet >> enterprises. Ugandans can only dream of such largesse. >Understandably, >> many of those foreign "investors" take the money -- pausing only >long >> enough to wreck the business -- and run. A good example is >Tristar, a >> textile firm that government set up as a showcase of a >successful >> Africa Growth Opportunity Act inspired business, was handd on a >silver >> platter to a pair of Sri Lankan briefcase businessmen with a >$2.5 >> million loan from the state-owned Uganda Development bank. Their >only >> qualification was that they were "Indian", a nationality that >Museveni >> equates with a natural entrepreneurship. >> >> In addition to the free business and loan, the conmen were >> vigorously and publicly supported by the President's office in >> exploiting an all-female workforce (including sexually), >recruited >> deliberately from rural Uganda and kept in apartheid-era like >hostels, >> ostensibly because they would be too docile to rebel against >their poor >> working conditions. A parliamentary investigation was sparked >when the >> "Agoa girls," as the workers were patronizingly called, >organized and >> downed their tools. That's when the sordid details of the sorry >venture >> emerged. >> >> The adage that "if you want to look for traitors, start at the >> top" is all too true for our countries. With leaders such as >these (and >> silent lambs as us), is it any wonder that nearly every race >holds us >> in contempt and reaps fortunes out of our losses! >> >> Vukoni >> >> >> -------- Original Message -------- >> Subject: [DigAfrica] Re: [africa-oped] Fwd: Re: [picta-kenya] >Re: Kenya >> opens door to foreign telecoms investors >> >> - Show quoted text - >> From: "Robert Alai" <alai.robert(a)gmail.com> >> Date: Mon, October 13, 2008 10:34 am >> To: digafrica(a)yahoogroups.com, picta-kenya(a)yahoogroups.com >> >> >> - Show quoted text - >> >> Matunda >> >> Kenyans have the money. >> >> France >> Telekoms came to Kenya and bought Telkom Kenya but is being >supported >> by the Kenyan government. It doesnt have money upto now. >> >> Kencall >> and all these foreigners claiming that Kenyans have no money >came and >> borrowed in Kenyan banks. Tell me which foreigners brought their >own >> money. Including Safaricom which went to the NSE and put up a >bond. >> >> Lets >> not be cheated. Matunda, me and you and all people in Dig Afrika >and >> PICTA wont have the opportunity to set up our ICT companies if >Dr Ndemo >> is allowed to go ahead. We must insist on local partnership and >its not >> something we should be begging for. We must insist on it >> >> Regards >> Alai >> >> - Show quoted text - >> On Mon, Oct 13, 2008 at 5:34 PM, nmatunda <matunda(a)hotmail.com> >wrote: >> >> - Show quoted text - >> >> --- In picta-kenya(a)yahoogroups.com, "Mike Theuri" ><mi.ke.the.u.r.i@...> >> wrote: >> >> >> Matunda, >> >> I concur with your views and completely agree with the way the >> Canadian banking industry has weathered the financial storm. >During a >> brief visit to Canada I noted that there were 5 major Canadian >banks >> and one major international institution (Europe's largest >institution >> by way of assets) operating in Canada. According to the WEF: >"Canada >> has the world's soundest banking system, according to a more >recent >> report released by the World Economic Forum. Canada's banks >received a >> score of 6.8 out of possible seven, ahead of the banks of five >other >> countries which received a score of 6.7 per cent." We are now >seeing >> the US rushing to regulate the banking sector and even going as >far as >> taking ownership stakes in both US and foreign banks because >Americans >> interest and not that of foreigners is at stake. There are >lessons to >> be learned from this about the consequences of unplanned >deregulation >> ie ownership, operational etc in sectors key to the economy. >> >> That said we must closely focus on the issue of Kenya and the >PS' >> plan to invite foreigners with no conditions on local ownership. >My >> original posting on this issue covered a number of varied >issues, >> it appears the discussion has taken on a life of its own after >it was >> shared on other forums and has morphed into a protracted battle >between >> pro-PS types engaged in a concerted effort to silence the issue >and >> individuals who despite their rather harsh and tough ways of >getting >> the point across raise valid points that are apparently >unpalatable for >> some. >> >> On Saturday, I received a message from an individual whom I >shall >> not name who has gotten rather cosy with the PS of late >suggesting that >> certain parties were out to reignite conflict in the nation >through the >> revelation of the PS' plan and the resulting debates on lists >and that >> I should play a participatory role in "helping them" squelch the >> "dissent". I responded saying that the individual was digging in >the >> wrong place as there were no hidden dimensions to the issue >other than >> the policies mentioned and that Kenyans should be free to hold >> individuals in public office to account without interference or >> intimidation. It was disappointing to read such a message hinged >> with hints to unsavoury moments in our recent history coming >from an >> individual who once strongly stood for freedom of expression and >the >> right to information. If other individuals have seen it fit to >raise >> the issues outside of Picta it is indeed within their rights as >Kenyans. >> >> Unfortunately the answer to Matunda's question is that there is >> nobody standing up for Kenyans interests on this issue, we only >read in >> the media about plans to gazette following alleged consultations >with >> foreign stakeholders. There is hardly ever any justification >made and >> when it is sought, the PS has repeatedly used isolated but not >> precedent setting incidents such as the one I mentioned. We all >recall >> the Ksh 100m tax payer funded trip the Finance Minister and the >PS >> amongst other made to the western hemisphere to court Diaspora >> investors in 2007, only to display high handedness and refusal >to >> answer legitimate questions seeking assurances about the ability >of the >> Diaspora to invest in our own country. >> >> As a writer observed: >> http://www.kenyaimagine.com/Economy/Kenya-Finance-Minister- >courts-investors-abroad.html >> "Next was the matter of investment, especially that of Kenyans >> abroad. However much investment opportunities are paraded, >investors, >> whether Kenyan or foreign, always have the same questions about >the >> local environment with regard to; bureaucratic bottlenecks, >regulatory >> climate, corruption, and insecurity" >> >> When such questions were brought up the delegation brushed them >> aside and refused to answer them. Today, we read about Ndemo >appearing >> to disregard the interests of Kenyans through his proposed >policies and >> calling for increased foreign participation in the Kenyan >economy. This >> is simply wrong, why is Ndemo rushing to make conditions better >for >> foreigners but not exhibiting the same level of effort for >Kenyans to >> have a larger stake in the economy? >> >> Ndemo should instead be taking on the issues his delegation >> brushed aside when questioned by would be Kenyan investors. The >PS >> should put his country (Kenya) and its citizens first and that >means >> working for the common interests of Kenyans. Any Kenyan who asks >the PS >> or the Government to justify and explain its position on >> such contentious proposals should be given the opportunity to >express >> their views, not condemned and counter attacked as seems to be >the case >> now on a discussion list serving industry interests. Kenyans >should not >> stand by idly as non-progressive proposals are quietly drafted >and made >> binding to Kenyans without the process being open to critique >and >> public input. >> >> Mike >> On Sun, Oct 12, 2008 at 7:14 AM, nmatunda >> ><http://../../../../post?postID=Nwl_acszxFkN4z3b2uNtU8XlfkXWMi8l7Fo >VzSnzRChXPvqnkZb6vcvKEzgqRf67GjelW9IqJOAw> >> wrote: >> >> 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 >> >> >> > > >-- > >Warm Regards >-------------------------------------- >Sam Gichuru >CVO > >Register .COM, .co.ke, .NET, .ORG, .INFO and .BIZ domain names for >FREE. unlimited email addresses. Business Webhosting and Internet >Marketing services for only Kshs. 1,000 a month. > >Ideas Africa Limited - The Web Design and Hosting Company >Tel : 020-221199, 230663 - Cell: 0722-730565 >Web: www.ideasafrica.com > >_______________________________________________ >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 -- Save hundreds on an Unsecured Loan - Click here. http://tagline.hushmail.com/fc/Ioyw6h4d88tmB31ffQ6YfI4lx9Rf7NLWb1ugiNn2azUF… _______________________________________________ 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] Kenya opens door to foreign telecoms investors - From Ugandan
by mwananchi＠hushmail.com 15 Oct '08

15 Oct '08

Gichuru, Prior to asking your question you doubted whether Kenyans engaged in holding a public servant to transparently account, actually worked, actually resided in Kenya, actually contributed to economic growth and were only complainants incapable of creating effective change. In doing so, I believe you answered your own question before you had a chance to ask it. One can only conclude that your call for stories is not sincere. Promoting veiled stereotypes, while suggesting that Kenyans who live in Kenya cannot stand up for their rights, will not detract non-elitist Kenyans from ensuring that public servants accountably engage in service delivery to the Kenyan people. The suggestion that people are layabouts who wake up one day and raise an issue that does not affect them in anyway should be consigned to the proper dustbin. Thank you. Peterson On Tue, 14 Oct 2008 11:17:05 +0000 gichuru(a)gmail.com wrote: >I keep asking myself , how much change can you effect by >complaining >and criticizing the ones who are actually working? How many of you >criticizing the PS and other government initiative are in Kenya >contributing to the economic growth? How many have tried running a >business in this country in the last 10 years and can testify to >growth? > >I am not saying more cant be done, but appreciate what has been >done..... But if you really have something to say a burning desire >to >share, dont talk about the KLM story, KQ Story, we already know >about >them, lets hear about your story.. what are you doing or have you >done? Lets judge for ourselves if you can deliver given a >chance.... > > > >On 10/14/08, John Maina <j.maina(a)ymail.com> wrote: >> Kenyans and other Africans, >> >> Yes, I agree. We have the money. But we need to organize to stop >> the hemorrhage of our resources. This is our moment to make our >voices >> heard about our countries' economic sovereignty. What many of >our >> leaders are doing giving away our tangible and intangible assets >> is treasonous and inexcusable. >> >> In Uganda, my country, the president, his family and their >lackeys >> have turned themselves into a veritable mafia of commission >agents >> carrying water for all sorts of foreign interests. They proclaim >from >> the rooftops how indigenous Ugandans are too poor and dumb to >own and >> manage businesses. Yet, there is plenty of evidence to the >contrary. >> Some of that evidence points to how foreigners, including South >Asians >> who arrive in the country with only the shirts on their backs, >are >> provided with multi-million dollar loans/grants to finance pet >> enterprises. Ugandans can only dream of such largesse. >Understandably, >> many of those foreign "investors" take the money -- pausing only >long >> enough to wreck the business -- and run. A good example is >Tristar, a >> textile firm that government set up as a showcase of a >successful >> Africa Growth Opportunity Act inspired business, was handd on a >silver >> platter to a pair of Sri Lankan briefcase businessmen with a >$2.5 >> million loan from the state-owned Uganda Development bank. Their >only >> qualification was that they were "Indian", a nationality that >Museveni >> equates with a natural entrepreneurship. >> >> In addition to the free business and loan, the conmen were >> vigorously and publicly supported by the President's office in >> exploiting an all-female workforce (including sexually), >recruited >> deliberately from rural Uganda and kept in apartheid-era like >hostels, >> ostensibly because they would be too docile to rebel against >their poor >> working conditions. A parliamentary investigation was sparked >when the >> "Agoa girls," as the workers were patronizingly called, >organized and >> downed their tools. That's when the sordid details of the sorry >venture >> emerged. >> >> The adage that "if you want to look for traitors, start at the >> top" is all too true for our countries. With leaders such as >these (and >> silent lambs as us), is it any wonder that nearly every race >holds us >> in contempt and reaps fortunes out of our losses! >> >> Vukoni >> >> >> -------- Original Message -------- >> Subject: [DigAfrica] Re: [africa-oped] Fwd: Re: [picta-kenya] >Re: Kenya >> opens door to foreign telecoms investors >> >> - Show quoted text - >> From: "Robert Alai" <alai.robert(a)gmail.com> >> Date: Mon, October 13, 2008 10:34 am >> To: digafrica(a)yahoogroups.com, picta-kenya(a)yahoogroups.com >> >> >> - Show quoted text - >> >> Matunda >> >> Kenyans have the money. >> >> France >> Telekoms came to Kenya and bought Telkom Kenya but is being >supported >> by the Kenyan government. It doesnt have money upto now. >> >> Kencall >> and all these foreigners claiming that Kenyans have no money >came and >> borrowed in Kenyan banks. Tell me which foreigners brought their >own >> money. Including Safaricom which went to the NSE and put up a >bond. >> >> Lets >> not be cheated. Matunda, me and you and all people in Dig Afrika >and >> PICTA wont have the opportunity to set up our ICT companies if >Dr Ndemo >> is allowed to go ahead. We must insist on local partnership and >its not >> something we should be begging for. We must insist on it >> >> Regards >> Alai >> >> - Show quoted text - >> On Mon, Oct 13, 2008 at 5:34 PM, nmatunda <matunda(a)hotmail.com> >wrote: >> >> - Show quoted text - >> >> --- In picta-kenya(a)yahoogroups.com, "Mike Theuri" ><mi.ke.the.u.r.i@...> >> wrote: >> >> >> Matunda, >> >> I concur with your views and completely agree with the way the >> Canadian banking industry has weathered the financial storm. >During a >> brief visit to Canada I noted that there were 5 major Canadian >banks >> and one major international institution (Europe's largest >institution >> by way of assets) operating in Canada. According to the WEF: >"Canada >> has the world's soundest banking system, according to a more >recent >> report released by the World Economic Forum. Canada's banks >received a >> score of 6.8 out of possible seven, ahead of the banks of five >other >> countries which received a score of 6.7 per cent." We are now >seeing >> the US rushing to regulate the banking sector and even going as >far as >> taking ownership stakes in both US and foreign banks because >Americans >> interest and not that of foreigners is at stake. There are >lessons to >> be learned from this about the consequences of unplanned >deregulation >> ie ownership, operational etc in sectors key to the economy. >> >> That said we must closely focus on the issue of Kenya and the >PS' >> plan to invite foreigners with no conditions on local ownership. >My >> original posting on this issue covered a number of varied >issues, >> it appears the discussion has taken on a life of its own after >it was >> shared on other forums and has morphed into a protracted battle >between >> pro-PS types engaged in a concerted effort to silence the issue >and >> individuals who despite their rather harsh and tough ways of >getting >> the point across raise valid points that are apparently >unpalatable for >> some. >> >> On Saturday, I received a message from an individual whom I >shall >> not name who has gotten rather cosy with the PS of late >suggesting that >> certain parties were out to reignite conflict in the nation >through the >> revelation of the PS' plan and the resulting debates on lists >and that >> I should play a participatory role in "helping them" squelch the >> "dissent". I responded saying that the individual was digging in >the >> wrong place as there were no hidden dimensions to the issue >other than >> the policies mentioned and that Kenyans should be free to hold >> individuals in public office to account without interference or >> intimidation. It was disappointing to read such a message hinged >> with hints to unsavoury moments in our recent history coming >from an >> individual who once strongly stood for freedom of expression and >the >> right to information. If other individuals have seen it fit to >raise >> the issues outside of Picta it is indeed within their rights as >Kenyans. >> >> Unfortunately the answer to Matunda's question is that there is >> nobody standing up for Kenyans interests on this issue, we only >read in >> the media about plans to gazette following alleged consultations >with >> foreign stakeholders. There is hardly ever any justification >made and >> when it is sought, the PS has repeatedly used isolated but not >> precedent setting incidents such as the one I mentioned. We all >recall >> the Ksh 100m tax payer funded trip the Finance Minister and the >PS >> amongst other made to the western hemisphere to court Diaspora >> investors in 2007, only to display high handedness and refusal >to >> answer legitimate questions seeking assurances about the ability >of the >> Diaspora to invest in our own country. >> >> As a writer observed: >> http://www.kenyaimagine.com/Economy/Kenya-Finance-Minister- >courts-investors-abroad.html >> "Next was the matter of investment, especially that of Kenyans >> abroad. However much investment opportunities are paraded, >investors, >> whether Kenyan or foreign, always have the same questions about >the >> local environment with regard to; bureaucratic bottlenecks, >regulatory >> climate, corruption, and insecurity" >> >> When such questions were brought up the delegation brushed them >> aside and refused to answer them. Today, we read about Ndemo >appearing >> to disregard the interests of Kenyans through his proposed >policies and >> calling for increased foreign participation in the Kenyan >economy. This >> is simply wrong, why is Ndemo rushing to make conditions better >for >> foreigners but not exhibiting the same level of effort for >Kenyans to >> have a larger stake in the economy? >> >> Ndemo should instead be taking on the issues his delegation >> brushed aside when questioned by would be Kenyan investors. The >PS >> should put his country (Kenya) and its citizens first and that >means >> working for the common interests of Kenyans. Any Kenyan who asks >the PS >> or the Government to justify and explain its position on >> such contentious proposals should be given the opportunity to >express >> their views, not condemned and counter attacked as seems to be >the case >> now on a discussion list serving industry interests. Kenyans >should not >> stand by idly as non-progressive proposals are quietly drafted >and made >> binding to Kenyans without the process being open to critique >and >> public input. >> >> Mike >> On Sun, Oct 12, 2008 at 7:14 AM, nmatunda >> ><http://../../../../post?postID=Nwl_acszxFkN4z3b2uNtU8XlfkXWMi8l7Fo >VzSnzRChXPvqnkZb6vcvKEzgqRf67GjelW9IqJOAw> >> wrote: >> >> 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 >> >> >> > > >-- > >Warm Regards >-------------------------------------- >Sam Gichuru >CVO > >Register .COM, .co.ke, .NET, .ORG, .INFO and .BIZ domain names for >FREE. unlimited email addresses. Business Webhosting and Internet >Marketing services for only Kshs. 1,000 a month. > >Ideas Africa Limited - The Web Design and Hosting Company >Tel : 020-221199, 230663 - Cell: 0722-730565 >Web: www.ideasafrica.com > >_______________________________________________ >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 -- Save hundreds on an Unsecured Loan - Click here. http://tagline.hushmail.com/fc/Ioyw6h4d88tmB31ffQ6YfI4lx9Rf7NLWb1ugiNn2azUF…

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President Bush Signs New IP Enforcement Bill Into Law
by Gakuru Alex 14 Oct '08

14 Oct '08

[Intellectual Property Watch] 14 October 2008 By Catherine Saez President Bush on Monday signed into law a bill strengthening civil and criminal laws against counterfeiting and piracy, boosting resources for enforcement and prosecution, and changing coordination of IP enforcement issues within the Executive Branch. Under the Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008, copyright registration would not be a prerequisite to criminal action, and a civil infringement action could be brought regardless of errors in registration unless those errors were made knowingly. The bill, S 3325, sponsored by Senator Patrick Leahy, a Vermont Democrat, and Pennsylvania Republican Arlen Specter, passed the Senate on 26 September and the House on 28 September. Industry Hails Victory Industry reacted to the enactment of the bill with statements highlighting the economic contribution of greater enforcement. "By signing into law this important legislation, President Bush has sent a resounding message not only to businesses, workers and consumers, but also to those who would harm Americans through piracy of pharmaceuticals, auto parts and health and safety products," said John Engler, president of the National Association of Manufacturers. Motion Picture Association of America CEO Dan Glickman also applauded the bill. "At this critical time for our economy, it's important to send a message that the jobs created and maintained by the protection of intellectual property is a national priority," he said. "As intellectual property rights are enforced, US artists and creators can maintain their leading role in the world of producing creative works that enrich our culture and drive our economy," said Copyright Alliance Director Patrick Ross. S 3325 creates an Intellectual Property Enforcement Coordinator (IPEC), within the Executive Office of the President to replace the National Intellectual Property Law Enforcement Coordination Council, an interagency group responsible for coordinating US domestic and international intellectual property enforcement activities, co-chaired by the US Patent and Trademark Office director (IPW, Enforcement, 1 October 2008). Consumer groups such as Public Knowledge and the Electronic Frontier Foundation opposed S 3325 out of concern over the treatment of non-infringing third parties and the federal government assuming a private enforcement role. The Justice and Commerce departments sent the Senate Judiciary Committee a letter opposing several parts of the bill, amongst which the claim that public resource be used to protect private interests. "Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources," the letter states. The committee later removed provisions that would have involved federal prosecutors in civil copyright cases. <http://www.ip-watch.org/weblog/index.php?p=1268>

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PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 14 Oct '08

14 Oct '08

http://www.wananchiforums.com/showthread.php?p=3150#post3150

11 12

Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 14 Oct '08

14 Oct '08

Very good questions indeed, except that these are some of the very same questions in the inverse PS Ndemo has dodged answering in full regarding the foreigners he has been meeting with behind closed doors. Who are these mysterious foreigners, are they the British Telecom's of this world or arm twisting fraudsters operating out of Dubai, Zimbabwe and Guernsey Islands? As PS Ndemo says there should be nothing to hide, if BT wants to come to Kenya they should publicly do so. If they want changes, they can demand changes in investment policy openly through press conferences and vocal diplomats and not secretly in PS Ndemo's office out of public eye sight and ear shot if they have nothing to be afraid of. Logic demands that questions are not answered with evasive questions more so from public servants. That is obsolete reasoning that belonged to yesteryears gone by. Kenyans should never agree to return to the down trodden eras where accountability and transparency did not exist in public servants books. Gone are the days when public servants could do as they pleased and contemptuously remark "so what?" Kenyan citizens do not have to account to anybody for demanding that public servants account for and carry out their duties responsibly. Responsible Kenyans should never apologise to anyone for asking public servants to account for their actions. Any individual who maliciously furthers the interests of foreigners while ignoring those of Kenyans does not deserve to be in public office. The Kenyan taxpayer does not spend their hard earned money to pay public servants so they can turn around, forget about Kenyans and promote foreign interests. It is disheartening to see some Kenyans 45 years after independence seemingly paralysed by a form of inferiority complex. These are the parties who believe that Kenyans or Africans are incapable and that foreign not indigenous is always better. It can hoped for in prayer that they are one day cured of this backward African disease that prevents us from collectively moving forward. If a public servant cannot protect and uphold Kenyans interests then they should leave those offices to responsible Kenyans who can. Individuals who embrace foreigners more than they embrace their own nation should perhaps be seeking public office in foreign lands not the Kenya their actions will retrogress. Anyone who is tired of Kenyans standing up for their rights is obviously free to renounce their citizenship and depart to foreign lands. A Kenyan need not have any other motive other than that of acting as a true Mwananchi when holding public servants and political appointees to account for their actions. Again, what list of policies and activities has PS Ndemo conducted to promote the ability of Kenyans to own and increase significant local shareholding in significant ICT enterprises before beginning to champion the cause of foreigners? Peterson On Mon, 13 Oct 2008 07:42:01 +0000 aki <aki275(a)googlemail.com> wrote: >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. -- Taking a trip? Click here to compare hotel rates and find a great deal. http://tagline.hushmail.com/fc/Ioyw6h4eRClASu0dm5wx2JL4WXc5Lrm5ZOA1JR2Aue02…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by mwananchi＠hushmail.com 14 Oct '08

14 Oct '08

Eric, Thank you for your feedback. In general I believe we are in agreement, it is when we get to the finer details where fine tuning and compromise will be. PS Ndemo should commit to putting Kenyan interests first and working towards removing obstacles that prevent local investors from succeeding such as policies that fail to take local investors into account. So that the message is not lost, this is not an argument that foreigners should be locked out, rather they should be allowed into the country under conditions favourable to Kenyans, the Nation and of course the investor. If PS Ndemo proceeds with his new policy lacking significant amendments, while saying he has discussed it with stakeholders, there will be no point in participating in sham PR exercises that give the false appearance of consultative meetings. It is good see the debate take a Pan African dimension on other lists with views from other continental Africans and it is evident the present day issue of economic sovereignty also afflicts other nations such as Uganda. I believe that an appropriate forum should host the policy discussions and until then, new policy should be suspended until the public and stakeholders have provided their input. The IGF would be great however it may not be within the scope of the IGF to do so. However if others do agree then let it be so. PO On Mon, 13 Oct 2008 06:18:19 +0000 "Eric M.K Osiakwan" <emko(a)internetresearch.com.gh> wrote: >Peterson, > >Yes, i did spend sometime with this piece and it does echoes >exactly >our considerations. I think we agree on the principles of >empowering >local entrepeurs and investors to pitch up in a globalised >context. > >I would submit that the relevant forum, ie KICTANET or KICTB etc >should table a policy discussion on the various options and lets >apply our minds seriously to the substance and come out with a >clear >"win-win" situation because to a large extent i agree with PS >Ndemo >that we should not let the opportunity of outsourcing pass us by >but >we need to engage with the best output. > >One suggestion would be to include this in the Kenya IGF that is >coming up or in the EA IGF discussions or an entirely different >forum. > >Eric here > > >On 11 Oct 2008, at 16:12, 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 >> >> "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/ >> Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPtQZA6nTe5QdbJulIxcO/ >> >> >> _______________________________________________ >> 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 -- Suffering from back pain? Click now for the latest treatment options! http://tagline.hushmail.com/fc/Ioyw6h4eyKVlbJeKV9y8heuwIbU9qrkHdp372nIDg38V…

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Re: [kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests
by John Maina 13 Oct '08

13 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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