- KICTANet - KICTANet

Praemonitus praemunitus
by Gakuru Alex 12 Oct '08

12 Oct '08

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

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

11 Oct '08

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

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

11 Oct '08

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

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

10 Oct '08

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

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

10 Oct '08

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

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India's Draft Innovation Law
by John Maina 10 Oct '08

10 Oct '08

http://www.wananchiforums.com/showthread.php?p=3445#post3445

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Re: [kictanet] Malaysia/Policy Clarifications
by Bill Kagai 10 Oct '08

10 Oct '08

Daktari, This response is a clear sign of top notch leadership. Thx for clarifying for those of us who were in the dark. On Thu, Oct 9, 2008 at 8:07 PM, <bitange(a)jambo.co.ke> wrote: > Dear All, > I am in Malaysia. This country's development is awesome. Their > e-applications are indeed something we all aught to learn from. You can > see the positive energy to move their country out of poverty in their > eyes. We must find ways to emulate these people and move away from self > interest that is tearing our country apart. > > Prior to my travel here, I made some statements regarding local ownership > of ICT investments with the aim of reviewing our policy. This is what I > am employed to do and I am still consulting with stakeholders to see how > to advance the policy change. Specifically, I argued as follows: > • The drop in Foreign Direct Investment (FDI) in our sector is as a > result > of rigid policy on ownership of investments; > • We must work toward attracting FDI if we have to sort out > unemployment > of our youth which has reached crisis levels; > • Large ICT multinationals have requested exemptions to this policy > and > would rather have the local ownership through the stock market; > • That those who have in the past purported to have the capacity to > raise > sufficient local capital have failed and cannot raise new capital thus > compromising the competitiveness of these firms; > • Protectionism leads to poor service and uncompetitive environment; > • The problem of local equity participation can be summarized by the > experience we went through during the search for the SNO – promises of > non-existent funds and extortionism; > • The absence of local equity participation in some foreign banks did > not > stop Equity Bank from growing phenomenally; > • There is no threat to domination from foreigners since local firms > have > made great strides to eventually partner with multinationals from points > of strength (read KDN/Altech; Safaricom/Onecom partnerships) and it is > encouraging to see other local firms such as Access, Jamii, Wananchi etc > coming up strongly that we don't need to require multinationals to seek > for partners up front at the expense of our unemployed youths; and > • My liberalist economic approach is what in my view would make our > country considering that some decisions we made along the same lines have > greatly impacted all our lives. > Take for example the liberalization of International Gateways. There were > threats to our lives that we could not survive to see the benefits. These > were threats made by those who benefited from illegal terminations of > calls through Telkom Network leading to losses in excess of one billion > shillings per year. I am surprised that this move pains some people to > date when we are enjoying lower tariffs with a more efficient Telkom. I > have no regrets on Telkom reforms at all and I am sure you all know that I > never run from any responsibility. > > The Libyan matter has never been an issue before considering the fact that > this are standard MOUs that we sign regularly whenever we market Kenya out > there as an investment destination. Yes I signed the MOU and the two ICT > items in the MOU, that is, Telkom Kenya and Teams never went to Libyans > since they lost in the bid process and rejected by local investors > respectively. In the same MOU were Energy items and of course Grand > Regency but MOUs are not sale agreements. We sign lots of these MOUs and > even today here in Malaysia I have had to sign two. These are public > documents accessible to any Kenyan and there is nothing to hide in the > course of serving our country. > > I have never in my life met Moi and as far as I am concerned I have never > crossed his path either in his business or himself as a person. The > decision to extricate the Government from the Econet saga in my view saved > the tax payers a great deal of money. I was not there when this matter > started and I still do not understand the whole transaction but it makes > great sense to remove the Government from any liability. If such a > decision did not favour anybody, then the courts can settle and in any > case, this matter is still sub judice. > > Back to policy. If you have noted, we are launching an average of two ICT > firms per a week. Large BPO multinationals have told me to my face that > until we sort out the local ownership issue, they are going elsewhere. > These are firms that employ in excess of 30,000 BPO agents. Investment in > the sector runs into billions of shillings which people like myself cannot > even dream of raising even 1% (and this is true for many of us in Kenya). > Do we let such opportunities slip by because we want to be nationalists? > > Regards > > > Ndemo. > > > > > > ---------------------------------------------- > This message has been scanned for viruses and > dangerous content by Jambo MailScanner, and is > believed to be clean. > --------------------------------------------- > "easy access to the world" > >

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Solving Flareups
by Gakuru Alex 10 Oct '08

10 Oct '08

Hustler, As a foundation engagement principles factuality and best courteous are fundamentals. When the starting point is for *bizzare* example;) "X sleeps with Y's wife" (or vice-versa) then 'diplomatically' asking "defend yourself?" would be uncivil and pretentious democratic maturity. Accepting such tangents of engagement implies embedding hearsay 'free expression' on otherwise intelligent discussions. In fact, responding to as such framed types of accusations, whether correct or misplaced, qualifies them or at the very least honours or dignifies the accusations with an answer. I beleive one is better off rising above these attacks because they are not just below the belt, they are waaaay below if not from under the feet;) Therefore, my openly announced decision to suspend discussants was based on this line of though/argument. I am not sorry for it and re-state nor have the stomach to allow *any such distractions* to come in the way of diverting valued "information consumers" attention view and best-interests pursuit. Needless to say, don't we all know the havoc reckless and fast e-communications can cause? Ili hili liwe funzo kwa wanaochochea e-fitina. Regards, Alex PS: Note: I suspend *hot* discussants to cool off a little then I re-state, sawa? (in so far as ke-internet users list moderation is concerned) AG On Thu, Oct 9, 2008 at 11:26 AM, Bill Kagai <billkagai(a)gmail.com> wrote: > > On Thu, Oct 9, 2008 at 11:15 AM, John Walubengo <jwalu(a)yahoo.com> wrote: >> >> The point is that as an ICT online forum, we are neither the Police, >> Anti-corruption Authority nor the Judiciary. >> >> Whether or not the accusations are true or false is really out of depth >> for this forum and members are encourage to seek the correct forum for the >> same. > > In other words, Kictanet consists a bunch of hoi polloi. We need to grow > balls otherwise, what's the point of being in a toothless list. Sometimes, > you do not wait to be given powers and roles....you create them for > yourself. > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: alexgakuru.lists(a)gmail.com > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/alexgakuru.lists%40gma… > >

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www.voicesofafrica.org is LIVE
by Crystal Watley 10 Oct '08

10 Oct '08

http://www.voicesofafrica.org <http://www.voicesofafrica.org/>/ Our new website is LIVE and we are proud to launch it to the world! I hope you will find it as amazing as we do. It is a work in progress and we are hoping for feedback. Please, please just donate ten minutes of your time and join. If you have an extra ten minutes, maybe waiting for a download, start a blog. Please post your research and your stories. It is intended to bridge the digital divide and to eradicate poverty through sustainable development. I know that everyone has something to say. When you are on the site check out our three proposals. Two are model telecentres and the third is an ICT4D training school. I want to thank those of you who have helped us to achieve this victory. To those of you who have been waiting for an opportunity to help. This is it. And to those of you who have doubted us and been skeptical, thank you for your encouragement. It is through our trials we become stronger. P.S. If you find any bugs please report them to our exterminator extraordinaire, Andrew Ouko at andrew.ouko(a)gmail.com. Asante sana. Thank you. Many blessings, Crystal -- Crystal "Naliaka" Watley Project Director and Development Innovator Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi

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

10 Oct '08

John, Dr. Bonny Khalwale on Wednesday in parliament as Chairman of the Parliamentary Accounts Committee in Parliament questioned why the Government, presumably through the Info. and Comm. and other related dockets was jeopardising our national security by selling shares in the telecoms sector to foreigners. http://www.nation.co.ke/News/politics/-/1064/478582/-/ywrqttz/- /index.html Dr. Khalwale was obviously not aware of PS Ndemo's latest and seemingly hurried initiative to abolish local shareholding requirements in the ICT sector and it should no doubt be brought to Parliament's attention and the public's notice. http://africa.reuters.com/business/news/usnJOE4950WH.html It is time PS Ndemo presented himself in his official capacity to Kenyans before the Parliamentary committee and named the foreign companies that have threatened not to invest in Kenya because they cannot allegedly partner with Kenyans! Kenyans should never condone blackmail, let alone from foreigners whose sole goal is to make hay while the sun shines from Kenyans without engaging in knowledge and technology transfer, indigenous wealth creation and other derived benefits that newly industrialised countries (China, India etc) have reaped from enforcing local ownership requirements. It is time such critical decisions that affect the nation were taken out of the hands of individuals who through possibly coerced strokes of pens to gazettements seriously compromise the nation's march to progression in indigenous ownership of sectors of the economy. Such critical decisions should belong in the hands of Wananchi through Parliamentarians who should debate and ratify such critical and arbitrary gazettements. Recently we saw the results of ill advised policies that favour foreigners at the expense of indigenous Kenyans. We saw Safaricom's share price become thoroughly depressed by foreigners who were in a rush to dump the shares. The greatest sufferers were local investors many of whom were already short changed with their paltry 21 percent share allocation. Yet the powers that be, sought to favour foreigners who have no allegiance to the nation at the expense of Wananchi. What has PS Ndemo done to improve and increase local ownership in the ICT sector before concluding that such efforts and approaches were futile and that Kenyans were useless investors? If Ndemo truly had the interests of Kenyans at heart he wouldn't be putting foreigners ahead of Kenyans! Similarly why has Ndemo been appending his signature to documents that favour Libyans amongst other foreigners that undermine Wananchi while holding a public office that demands maintaining public trust and protecting public interest? http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4 The Law regarding Acting on behalf of foreigners interests: http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis toryID=12838 Why is PS Ndemo purporting to fix what is not broken? Kenya recorded a 1330% increase in FDI in 2007, perhaps PS Ndemo could be excused for the oversight at the time of his arbitrary pronouncement. Surely something must be working right.. http://africa.reuters.com/country/TZ/news/usnLO172755.html The report showed that FDI to Kenya rose to $728 million in 2007 compared with $51 million in the previous year, a rise of close to 1,330 percent. "Kenya's FDI increased due to large privatisation sales in the telecommunications industry and investment in railways," Naiko said. The Econet sham has been misused repeatedly by PS Ndemo as the reason for his rationale in first reducing local shareholding requirements from 30%, down to 20% and now to his envisioned ZERO%. Instead of looking at the root cause of the matter which are unfavorable policies towards local investors, a hostile lending environment towards startups, poor vetting, poor tendering procedures, poor due diligence and irregularities by the regulator and reforming those, he appears keen to lambast and blame anything and everything else on Wananchi rather than address the root causes by instituting and promoting professional changes and improvements in the afflicted public institutions. Indeed how did bankrupt KNFC and Econet meet the US$100m threshhold of turnover for tendering when Deloitte and Touche audited accounts show Econet's largest operation (before they were bundled out of Nigeria for not having paid for their shares) having a turnover then of a mere US$8 million and KNFC's total assets valued at Ksh 20million as of 2006? The poor financials and the exercise of due care in conducting due diligence by the regulator are the reasons why the licence fee could not be paid to the GK within the proscribed period and it has nothing to do with the vast majority of local investors whom Ndemo is trying to vilify. PS Ndemo and Treasury should let the public know if Econet has forfeited and paid in full its US$1.3 million bid bond to the exchequer for failure to pay the licence fees in cash as required: Audited Financials: http://rapidshare.com/files/152242139/Financials.pdf Miscellaneous: http://rapidshare.com/files/152242138/NjiriSA.pdf http://rapidshare.com/files/152242137/EconetSA.pdf For all we know PS Ndemo could have been misled by vested and powerful interests in the matter. Naturally the principles of justice dictate that he ought to be given the accordance of the benefit of doubt but if his deliberate actions show otherwise then the wheels of justice must run their course. If it takes 14 years as it did for the eventual trial and judgement of Oluga and Somaia for fraud against the Republic, then so be it. This is why if Ndemo is indeed innocent, he should not hesitate to speedily request KACC, the CID, Kenya's numerous independent anti- corruption organisations, any willing international partners with forensic investigation capacities, members of the public to work towards investigating the matter. It is also important that the PS' accomplishments on behalf of the nation are not blighted by a few but serious malfeasances if he was indeed misled. PS Ndemo's involvement in the matter is a serious issue considering what the law states about deliberately subverting directives and rulings such as the Minister's cancellation of the licence, given that deliberate ignorance of court rulings and Ministerial cancellations is classified under law as fraud. The law as regards Misleading the public: http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis toryID=12843 Section 354 of Chapter XXXV (Miscellaneous Offences Against Public Authority) of the Laws of Kenya: “ANY PERSON WHO KNOWINGLY UTTERS AS AND FOR A SUBSISTING AND EFFECTUAL DOCUMENT ANY DOCUMENT WHICH HAS BY ANY LAWFUL AUTHORITY BEEN ORDERED TO BE REVOKED, CANCELLED OR SUSPENDED, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and IS LIABLE TO THE SAME PUNISHMENT, AS IF HE HAD FORGED THE DOCUMENT,” http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis toryID=9961 Amos Wako as the AG should let Kenyans know whether he was consulted by PS Ndemo, what his legal opinion was if any, by releasing the relevant correspondence, and if so, what rationale he employed in purporting to settle a case the Government had already won through a final court ruling! Judge's final Ruling upholding cancellation of licence: http://rapidshare.com/files/152242136/Econet_v_Minister.pdf video of PS Ndemo personally signing the sham "settlement agreement": http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4 Laws of Kenya regarding the Giving of advice: http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis toryID=12842 AG Wako has shown previously that in matters where the Government will ultimately prevail, the Government will not hesitate to uphold the public interest even where the outcome could embarrass the executive as was the unprecedented case of Kenya Duty Free v GK where the Government's winning defence was that the former President had taken a US$2 million bribe from the applicant. http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=10 19 It is an inescapable fact that PS Ndemo seems to wish away that the Econet licence was Scandal number 10 in Edward Clay's list of 20 scandals committed against the nation: http://rapidshare.com/files/152246719/20Scandals.pdf What happened to Ndemo's rather reasonable previous requirement in 2007 about local ownership, did vested foreign and "local - Mobitelea like" interests twist his arm and coerce him to change his mind?? What we are saying is that a foreign investor needs time to (get to) know whom he can work with," Ndemo says. "In three years he can do a private placement or in five years do an IPO (initial public offering) or introduce employee option plans, but they must give 30 per cent to locals." The issues are very simple, Ndemo should come clean and cease condoning and abetting the commission of illegal acts against the public trust and interest that involve a permanently CANCELLED and thus null and void license; open the matter to public scrutiny and investigation and mostly importantly it is his duty as a Kenyan to find constructive ways of promoting indigenous Kenyan ownership instead of working day and night to find ways to increase ownership by foreigners at the expense of Wananchi. It is indeed absurd that when Mama Mboga attempts to make a living without having a valid licence, she will certainly face the wrath of askaris, how foreigners can blantantly walk into Kenya, disenfranchise their local component with blessings from vested interests and when their licence is cancelled continue to operate without a valid licence and without a new tender being called reeks of impunity at best. When 48 members of Parliament in 2003 rose up to be counted, they surely knew what the animal they were pointing out, the same animal that now disrespects Kenyan institutions as it continues to run around while flashing a long cancelled and now null and void licence as part of a grand and colossal fraud. http://www.telegeography.com/cu/article.php?article_id=2030 Peterson Olale On Thu, 09 Oct 2008 15:59:44 +0000 John Maina <j.maina(a)ymail.com> wrote: >Brian > >We dont dispute that. > >We are asking about the fact that the government is ignoring court >injuctions which were shown there > >Why ignore court cases? > >JM > >----- Original Message ---- >From: Gakuru Alex <alexgakuru.lists(a)gmail.com> >To: j.maina(a)ymail.com >Cc: kictanet(a)lists.kictanet.or.ke >Sent: Thursday, October 9, 2008 4:54:50 PM >Subject: Re: [kictanet] Econet Haters.... :-D > >Brian, > >As kictanet chairman with all the 'forum powers', I honestly feel >that it is unfair for you to drag on this conversation at least >from a >"fair play" perspective.... > >If you choose not to kill the thread, at least you should avoid >being >a discussant? > >regards, > >Alex > -- Click now for fast, reliable freight services! http://tagline.hushmail.com/fc/Ioyw6h4c9uglgm0nbIOqilxqN6aFkwmGgX3I12EQDEHE…

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