the sector. The law establishing CCK expected them and
102 of KCA 1998.
then could not have reasonably foreseen. However at
legislation to rely on in that area.
Better get back to talking IT now... Have you read
In Kenya, only Swift Global and KeNIC are on IPv6...
Bad news there and I am shift gear to enange ISPs...
Dear Alex,
Thanks for the enlightenment, your submission below
together with the
pointers have being light.
However, i think though we would like MJ to give us
some more
information i would like us to respect his right not
to discuss such
corporate matter if his company's policy does not
allow him or the
rules of engagement does not. This is not to say TK
puttingt he
information in the public domain is right or wrong
but we have short
supply of details on the processes that have lead to
this.
Haven said that i think MJ and his enterprise also
knows the
implications of not doing so but i think the
ultimate outcome we all
want apart from the intellectual excercise, is for
such corporate
commercial issues to be resolved best and to the
advantage of we the
consumers so over to you, Safaricom and TK.
Eric here
On 25 Oct 2007, at 21:47, Alex Gakuru wrote:
Hi Eric,
Unless containing illegalities or infringing on
others' rights, I believe the Law of Contact gives
agreements between qualified persons more weight
than
regulatory intervention or government policy for
that
matter. Regulatory intervention steps in when the
parties cannot agree among themselves first and
where
the regulator cannot resolve a matter, then
Supreme
courts step in and pick it from there.
CCK helps resolve long-standing complaints or
disputes
only after several direct resolution attempts and,
with respect to consumers, explores ways of
assisting
consumers that opt for litigation.
Business people know that by the time they leave
court
rooms, they are forced to bask quite of their torn
underclothing in the open hence their preference
to
seek low-key "quieter" regulator and arbitrators
to
resolve their business competition kerfuffles.
Although I am yet to know where they are located
(read
FOI),the government recently announced the
formation
of an Office of Ombudsman (DAILY NATION
22/06/2007)
"to deal with public complaints" for alternative
dispute resolution - heralded as "an
administrative
move by the President that is purely geared
towards
addressing issues that have bedeviled Kenyans
without
nowhere to turn to" by a member of our consumer
network.
Back to the issue at hand...
When disputants involve third parties, and the
public
through media, obviously a deadlock or stalemate
was
encountered somewhere breaking down their conflict
management process. Therefore, I find it
inappropriate
to agree with Micheal Joseph and Peter on hushing
up a
matter already in the public domain, unless they
agree
and inform the public that they have both agreed
to
resolve the issue through mutually agreed
arbitration
and the choice of the arbitrator must not (or even
be
seen to) be biased.
When Edith asked Michael Joseph to enlighten us on
those other issues, he said wished not to discuss
in
view of (print) media rather his proffered
arbitrator
and not burden regulator with the dispute. To me
this
raises a concern whether his preferred arbitrator
could be considered unbiased or neutral
considering
that the matter had reached the regulator height.
He
appeared to advocate “reverse-driving” and
without
shedding light on the compelling ahead obstacle
necessitating this action.
Add to all of this mix blaming of the media
circumstances become even more suspect. If one has
nothing to hide in *any* dispute why shut out and
blame the media for printing the smoke (above the
fires).
Perhaps you understand why I appreciate
professional
journalist predicaments.
<snip>
Those who equate journalism with such licensable
professions as law and medicine misunderstand the
nature of journalism. Journalism is founded on
freedom
of expression. It is also an open book. There is
no
need for licensing.
Every day is a licensing day for journalists
because
they cannot hide their mistakes. There is an old
saying: "Doctors bury their mistakes, lawyers hang
them, but journalists put theirs on the front
page."