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

14 Oct '08

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

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

14 Oct '08

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

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

14 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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

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

13 Oct '08

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