Peterson,

Yes, i did spend sometime with this piece and it does echoes exactly our considerations. I think we agree on the principles of empowering local entrepeurs and investors to pitch up in a globalised context. 

I would submit that the relevant forum, ie KICTANET or KICTB etc should table a policy discussion on the various options and lets apply our minds seriously to the substance and come out with a clear "win-win" situation because to a large extent i agree with PS Ndemo that we should not let the opportunity of outsourcing pass us by but we need to engage with the best output. 

One suggestion would be to include this in the Kenya IGF that is coming up or in the EA IGF discussions or an entirely different forum.

Eric here


On 11 Oct 2008, at 16:12, mwananchi@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=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@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@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@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.


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Eric M.K Osiakwan
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Internet Research
www.internetresearch.com.gh
emko@internetresearch.com.gh
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