Thanks Eng. Kariuki. quite useful pointers. Especially the competition bill which I hope is the right one @ http://www.kenyalaw.org/Downloads/Bills/2009/200903.pdf regards. walu. --- On Wed, 9/30/09, John Kariuki <ngethe.kariuki2007@yahoo.co.uk> wrote:
From: John Kariuki <ngethe.kariuki2007@yahoo.co.uk> Subject: Re: [kictanet] MPESA - Monopolies commission To: "Walubengo J" <jwalu@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, September 30, 2009, 9:05 AM Walu, Regarding fundamentals,
1. We should ask if there is need for regulation in the first place. If the answer is YES.Then we must ask what to regulate and what PUBLIC INTEREST issue we are addressing.Remember, there should be no regulation for the sake of regulation! 2. There need not be one regulator. It is possible to have more than one.It is called CON-CURRENT JURISDICTION.However,it is important to clearly define the relationships in this latter situation. 3. Regarding dominance in ICT sector , please see The Kenya Communications (Amendment) Act, 2008 Section 84(4).
4. Regarding Competition issues in general, these are best dealt with in a Competition law.I have seen some attempts in this matter.Please get a copy of THE COMPETITION BILL,2009 , dated 30th April 2009 which is before Parliament.
I hope I have been of some assistance.
Eng.J.N.Kariuki
--- On Tue, 29/9/09, Walubengo J <jwalu@yahoo.com> wrote:
From: Walubengo J <jwalu@yahoo.com> Subject: Re: [kictanet] MPESA - Monopolies commission To: ngethe.kariuki2007@yahoo.co.uk Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Tuesday, 29 September, 2009, 10:39 AM
Bob, I would look at the fundamentals.
1. who should regulate MPESA/ZAP phenomena (CCK? Central Bank, both, etc?) 2. what makes a player dominant and when is a player deemed to be abusing their dominant position? 3.. what (legal/regulatory) options are available to whichever regulator in containing a hostile dominant player 4. is there sufficient (political) guts to make a ruling?
i have no answers, just thinking loudly. walu.
--- On Tue, 9/22/09, robert yawe <robertyawe@yahoo.co.uk> wrote:
From: robert yawe <robertyawe@yahoo.co.uk> Subject: [kictanet] MPESA - Monopolies commission To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Tuesday, September 22, 2009, 8:10 PM Hi,
I have been monitoring the growth of MPesa and I am getting concerned that we shall soon be held ransom if its growth is not monitored and their none competitive activities stopped.
We are more concerned about number portability yet this will only benefit a few foreign investors yet mpesa has become so
pervasive
yet the tax consuming regulators do nothing to protect the consumer.
The success of safaricoms mpesa has been so meteoric that it has scollen their heads to the point that there officers have become more powerful than the dreaded mungiki. They determine who can open an outlet where and which outlet will be shutdown.
On the other extreme is the terms that the agents are giving such as they cannot provide the services of a competing provider. Imagine if KCC or Elliots wher giving the power to determine who can ot cannot sell their products and also require that you do not sell a competing product where would the milk and bread industry be today.
If even KBL realised that a retailer must be free to decide which products to sell and not be bullied into selling the products of a particular brewer.
Competition is about a level playing field of which the money transfer business it not, why should a grandmother in Budalangi or Kangaita who has a Zaine line be denied the opportunity to receive funds from her grand children because the only shop keeper within a 5 KM radius of her home is not allowed to offer multiple money transfer products, yet he can sell Tuzo, Brookside, Fresha, Haifa or any other brand of milk.
We are regressing very first and unless the regulators do what they are paid to do with our hard earned taxes then we soon shall be be cornered. This keeps looking like the mark of the demon that is quoted in the bible.
Somebody stop this madness.
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
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