Quite some scholarly interpretation of the relevant sections of the statutes there... So then, clearly a case of "gerrymandering' arises. GG, probably sufficient grounds haven't been adduced in light of this directive, but as opposed to challenging such decisions taken by the authority later in court, can such actions be pro actively challenged or the process of arriving at them, if it is deemed the ensuing end-result could be injurious to the public interest...? Harry On Wed, Sep 24, 2014 at 6:07 PM, Victor Kapiyo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
My reading of this is that Parliament when drafting S. 5A of KICA was very clear in its intention to give CAK independence and shield it from influence from government, political or commercial interests in the exercise of its powers and in the performance of its functions.
The influence referred to in S. 5A also includes influence of Parliament or its committees (and whichever other interest is pulling strings in the committee). Such that the committee cannot lawfully direct CAK to halt the process, or halt the process itself especially on a matter which the law clearly states that is within CAKs mandate.
Can Parliament request, yes.
Is this a request? That's debatable and will depend on a good reading of the communication from the committee to CAK. And as such the press report maybe misleading.
The question of sovereignty, while is material is irrelevant to the extent that the same Parliament has already drafted laws empowering CAK to act independently. Nothing stops Parliament or any Kenyan from questioning decisions of CAK, which ideally can always be done in a court of law or in the court of public opinion, depending on the level of interest.
Parliamentary committees also need to understand that there is a limit to their powers under the Constitution and Standing orders, and should guard against acting ultra vires.
My advise to CAK and Parliament is to read the law and follow it - Which in effect means to act independently.
Victor
Victor Kapiyo, LL.B
==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*
On 24 September 2014 15:38, Consumers Federation of Kenya (COFEK) via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear Victor,
They DO!! It is obviously a fallacy that non-technical people make decisions on technical issues. But we are not a banana republic – at least on paper.
If you read Art.1(2) of the Constitution – those characters hold enormous powers. They make the law for regulator in line with Art.34 (recall CA is not a Chapter 15 Commission and “independence” is limited).
*“The people may exercise their sovereign power either directly or through their “democratically” elected representatives” *Art. 1(3)(a) says sovereign power is delegated …. *To Parliament and the legislative assemblies in the County Governments. *Also read Art. 95 and 96 and so on”
Kind regards,
Stephen
Stephen Mutoro
*Secretary General*
Consumers Federation of Kenya (COFEK)
Rehema Place, Block F-45
Ngong Road/Ring Rd Kilimani Junction
P.O Box 28053-00200, City Square, NAIROBI, Kenya
Tel. 254-20-2615496, 2300859 Fax. 254-20-3861719; Cell phones: 0715555550, 0770700007
E-mail: hotline@cofek.co.ke
Website: www.cofek.co.ke
Facebook: "Consumers Federation of Kenya (Cofek)"
Twitter: @ConsumersKenya YouTube: "ConsumersKenya"
*13th December 2012* - President Kibaki assents to the Consumer Protection Act, 2012 *Read it here: http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf <http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf>*
*From:* kictanet [mailto:kictanet-bounces+hotline= cofek.co.ke@lists.kictanet.or.ke] *On Behalf Of *Victor bwire via kictanet *Sent:* Wednesday, September 24, 2014 5:22 PM *To:* The Consumers Federation of Kenya (Cofek) *Subject:* Re: [kictanet] House team halts Equity Bank's thin-SIM rollout
Dear Grace
the House Team has no supervisory powers over the Regulator- Not at all
Just that MPs have become terrible
regards
Victor
On Wed, Sep 24, 2014 at 4:47 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:
@ Victor,
The heading of this article says the 'house team halts..." while the body of the story has "has asked CA to halt..." It might be semantics but my interpretation of this is that this is a request to CA, and not a directive. Yes?
Tell me, does the house team have oversight over regulatory matters? I am looking at KICA 2013 Article 5 on CA's independence:
5A. (1) The Authority shall be independent
and free of control by government, political or
commercial interests in the exercise of its
powers and in the performance of its functions.
(2) In fulfilling its mandate, the Authority
shall be guided by the national values and
principles of governance in Article 10 and the
values and principles of public service in Article
232 (1) of the Constitution.
What would happen say if CA disregards the House team's demand?
Rgds
GG
------------------------------
Date: Wed, 24 Sep 2014 11:54:17 +0100 Subject: Re: [kictanet] Equity Given Go Ahead by CAK From: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
The tables have turned again:
*House team halts Equity Bank's thin-SIM rollout*
The National Assembly’s Energy and ICT Committee has asked the Communications Authority (CA) to halt Equity Bank thin-SIM card rollout until it is satisfied of the security of the technology.
http://www.nation.co.ke/news/politics/House-team-halts-Equity-Bank-thin-SIM-...
Victor Kapiyo, LL.B
==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*
On 22 September 2014 18:49, Martin Gicheru via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Safaricom does not necessarily agree to the move but will cooperate while it still needs to.
”We are particularly encouraged that CA has commenced the process of hiring an independent and reputable international firm to conduct a security audit on all SIM cards, and in particular the use of the SIM overlay technology in mobile money transfer services. We therefore implore the CA to fast track the security review and to publish the guidelines in the interests of protecting consumers and financial institutions who will remain vulnerable to the potential risks created by the ‘man-in-the-middle attack’. ”
http://techmoran.com/safaricom-remains-adamant-thin-sim-vulnerabilities/
On Mon, Sep 22, 2014 at 6:36 PM, Bernard Kioko via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Change is the only permanent thing!
-----Original Message----- From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Walubengo J via kictanet Sent: Monday, September 22, 2014 6:30 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Equity Given Go Ahead by CAK
@Charles,
Interesting views. I dont speak for Equity - and am not even a MEMBER (their customer). However, they have the following going for them.
1) they do have their OWN SIM card targetting their 8m banking customers. They can actually make money out their core group of customers using their mobile virtual network (riding on Airtel telco infrastructure i believe). 2) the thin-SIM technology is just a nice option for their 8m customers AND the 20+million Safaricom customers. 3) indeed Safcom can play dirty but I am sure they wont because (a) they can take on Equity challenge and (b) the regulator seems more ready than ever to pounce on them (recall regulator has been "looking" for them over quality issues :-).
Remember, this looks like a mobile money battle, but the real deal is the collateral damage it is likely to cause in the voice market because once a Safaricom customer mounts the thin SIM Card and discovers that they can make cheaper calls/sms with it without losing their MPESA functionality...they will actually be having their cake (MPESA) while eating it (making Cheaper calls on the Equity Mobile virtual network).
Essentially, Equity is breaking a small gap into the Safaricom defensive wall(MPESA) and once in, even the data-market may eventually be free for all i.e. #checkmate.
walu.
-------------------------------------------- On Mon, 9/22/14, Charles Kimani via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Subject: Re: [kictanet] Equity Given Go Ahead by CAK To: jwalu@yahoo.com Date: Monday, September 22, 2014, 4:44 PM
I think the thin sim strategy is brilliant...in theory. However, I am also wondering just how wise it is to place the success of your business model at the mercy of a hostile, powerful and uncooperative business rival. What if - 6 months after launch, for example - Safaricom decide to upgrade all their sim cards (genuinely or otherwise) just when Equity is in the middle of a critical (probably expensive) product rollout? What if Safaricom customer service and dealer/retail channels start advising subscribers who are having issues with their lines that the thin sim is the cause of their problems and show them how to remove it? How will Equity map their processes and logistics with the Safaricom SIM replacement processes? Will Equity subscribers need to remember to make an extra stop at an Equity outlet to have their thin sim re-attached once they do a sim swap? How easy is it to attach these thin sims? We have previously seen smart sabotage tactics bring down SAB Miller ambitions in the Kenyan market. Equity - in my opinion - is giving too much firepower to a determined competitor. It might be cheaper in the long run to just invest in own SIM and take Safaricom head-on. Regards,Charles On Mon, Sep 22, 2014 at 4:18 PM, Dennis Kioko via kictanet <kictanet@lists.kictanet.or.ke> wrote: Meanwhile, I did get the Equitel SIM Card (haven't seen the infamous Thin SIM). So far, here's my experience with the same. http://www.infotake.co.ke/2014/09/how-does-equity-banks-equitel-work.h tml On 22 September 2014 16:11, Barrack Otieno via kictanet <kictanet@lists.kictanet.or.ke> wrote: Sometimes diversification leads to loss of focus. Interesting discussions but let us see if this scenario will change some of this Principles that have evolved over time.
Best Regards
On Mon, Sep 22, 2014 at 3:56 PM, Bernard Kioko via kictanet < kictanet@lists.kictanet.or.ke> wrote: I have noted media reports indicating Equity has been granted go-ahead by CAK to operate with Thin-Sim cards. Game changing I suppose.
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