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On Mon, Aug 13, 2012 at 11:35 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
There seems to be a lot of grey areas in the Procurement Act and,
going by Dr. Ndemo's as well as most of the issues coming out, the
problem is actually the Procurement Law.
Maybe, as a starting point, in my view, as a layman, we need to have
the Act attached so that we may have a look at it, critically.
Further, to this specific issue, can there be documents which show the
concept to final selection of Konza as the best option for putting up
Tech City?
Maybe, just maybe, we can see where the rain startd beating us.
Solomon
> *Brian Munyao Longwe*
On 13/08/2012, Brian Munyao Longwe <blongwe@gmail.com> wrote:
> Dear all,
>
> It is also my take that there is a fine line (and too many grey areas)
> between the Public-Private-Partnership framework and the Public Procurement
> Framework (Law, Rules, Regulations).
>
> I would venture to add that targetting the Public Procurement framework
> might be biting off more than can be chewed. Might it not make more sense
> to identify the intersections between the two and come up with
> recommendations aimed at smoothing out inconsistencies/bottlenecks?
>
> Best regards,
>
> Brian
>
> [image: logo]
> | Mobile: 254715964281
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>>> *From:* "bitange@jambo.co.ke" <bitange@jambo.co.ke>
>
>
> On Mon, Aug 13, 2012 at 9:33 AM, John Kariuki <
> ngethe.kariuki2007@yahoo.co.uk> wrote:
>
>> Bw. Ndemo,Listers,
>>
>> The challenge we have,in my view, is that "purchasing" in Kenya is
>> considered equivalent to "procurement". Procurement especially for
>> complex
>> projects starts right from design stage,project planning, packaging,
>> sequencing etc. Any professional can actually procure in his field of
>> specialisation and get "Good value for money".
>>
>> It is possible to follow that law and yet get very bad value for money.
>> So if the law is to be revised we need to strike a very careful balance
>> between"Public Interest" and "Self Interest". If we follow the rules and
>> get BAD VALUE FOR MONEY, as stated elsewhere in this list,do we
>> still purchase?
>>
>> In any tender there will always losers(who may be vey competent) and
>> winners. This is the nature of competition.
>>
>> Should we allow the fight between winners and losers derail our national
>> agenda?
>>
>> John Kariuki
>>
>>
>> *To:* ngethe.kariuki2007@yahoo.co.uk
>> *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
>> *Sent:* Monday, 13 August 2012, 0:07
>> *Subject:* Re: [kictanet] Fwd: Konza Land Issue Attn Matunda and Ali
>>
>> Lucy,
>> I think we can do more than simply dealing with my issue. The root cause
>> of the problems in this country is the Procurement Law. It was designed
>> to stop former President from stealing. It is the same law today we are
>> using to implement Vision 2030. Today's Nation reports on tender
>> cancellation on the greenfield airport. This is the time neighbouring
>> countries, Ethiopia and Rwanda are building new airports double the size
>> of JKIA in order to create a real hub. We reisk being relegated to some
>> small destination when we have always let with big dreams as a hub.
>>
>> Just last week the IEBC tender was cancelled because the law is not
>> enabling and risk eroding credibility in this agency as we approach the
>> elections. Public sector is not spending on key projects simply many
>> accounting officers fear arrest. I recall in TEAMS we had to go to Dubai
>> in order to negotiate downwards the bid from Al Catel Lucent since our
>> law
>> had no provision for negotiation. This is how the project was finished
>> below budget.
>>
>> The other day we were informed of a department that buys a packet of milk
>> for Ksh. 300 which you can purchase at Uchumi for Ksh. 40 and all is
>> legal
>> through open tender. No media has ever attempted to analyze this law
>> which reduces everybody into a robot. There is no rational thinking. At
>> one time I tried to reprimand my officers for buying expensive toilet
>> paper but I was told I risk breaking the law. I could not for example
>> take an advance to buy the toilet papers directly from Uchumi. Here I
>> will have broken the law by single sourcing from Uchumi.
>>
>> In my view if we want to help our country prosper, let us ask Gaithu and
>> team to conduct a comprehensive analysis of this Law and highlight its
>> ironies. We then prepare a white paper and seek the changes in the law
>> and automate processes to allow the public to see how their resources are
>> spent. Mukhisa Kituyi attempted show the problem in today's Nation.
>>
>>
>> Ndemo.
>>
>>
>>
>>
>>
>>
>> > Ali,
>> >
>> > Great, I will MPESA my donation. Your point re accountability is fair
>> and
>> > well taken, and I hope the KICTANET officials will be willing to
>> > provide
>> > us with details on how supporters of the Konza rebuttal can remit their
>> > donations. In the meantime, please collect what is sent your way and
>> > you
>> > can then submit to KICTANET if they are in agreement.
>> >
>> > Sent from my iPad
>> >
>> > On Aug 11, 2012, at 9:17 PM, Ali Hussein <ali@hussein.me.ke> wrote:
>> >
>> >> Lucy
>> >>
>> >> Wiling and ready! Probably a good idea though to have an institution
>> >> like Kictanet do that? So that there is accountability? Any which way
>> >> I'm ready to support.
>> >>
>> >> Thanks
>> >>
>> >> Ali Hussein
>> >>
>> >> +254 773/713 601113
>> >>
>> >> Sent from my iPhone®
>> >>
>> >> On Aug 11, 2012, at 7:52 PM, Lucy Kimani <lkimani@yahoo.com> wrote:
>> >>
>> >>> Warigia, while I echo your sentiments in support of PS Ndemo, the
>> >>> activist in me is wondering why we can't do more... For example I
>> >>> nominate Chief Matunda to draft an "Oped" in rebuttal based on PS
>> >>> Ndemo's piece and the supporting posts to be signed by the KICTAnet
>> >>> Community and Vision 2020, and any other entities..
>> >>>
>> >>> Ali not to pick on you, but I believe Warigia and I are over the seas
>> >>> so would you be willing to act as the treasurer and all supporters
>> >>> can
>> >>> MPESA you their donations for an "AD buy" for the Konza Rebuttal...
>> >>>
>> >>> Sent from my iPad
>> >>>
>> >>> Begin forwarded message:
>> >>>
>> >>>> From: Warigia Bowman <warigia@gmail.com>
>> >>>> Date: August 11, 2012 10:31:08 AM EDT
>> >>>> To: lkimani@yahoo.com
>> >>>> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
>> >>>> Subject: Re: [kictanet] Konza Land Issue
>> >>>>
>> >>>> Dear Daktari Ndemo
>> >>>>
>> >>>> I am really sorry this has happened to you. As I said to one of my
>> >>>> coworkers, if every permanent secretary were like Bitange Ndemo,
>> >>>> Kenya
>> >>>> would be in good shape politically and economically.
>> >>>>
>> >>>> I join my colleagues in extending my support and loyalty.
>> >>>>
>> >>>> Sincerely, Warigia
>> >>>>
>> >>>> On Sat, Aug 11, 2012 at 8:56 AM, John Kieti <jkieti@gmail.com>
>> >>>> wrote:
>> >>>> Bwana Ndemo, et al
>> >>>>
>> >>>> The many of us in support may not be individually as powerful as the
>> >>>> few 'powerful' forces against you. That said, our combined support
>> >>>> will be too strong to wish away for any 'evil' force.
>> >>>>
>> >>>> Just tell us when and how to engage ...
>> >>>>
>> >>>> On Aug 10, 2012 10:17 AM, "Ali Hussein" <ali@hussein.me.ke> wrote:
>> >>>> Daktari
>> >>>>
>> >>>> Let me add my voice of support on this.
>> >>>>
>> >>>> There's a saying that one of the most vulnerable moments in aviation
>> >>>> is when a plane is taking off and about to land. That's where I
>> >>>> think
>> >>>> Konza Techno City is. We must all in any way we can continue to
>> >>>> support this model of progress in Africa.
>> >>>>
>> >>>> Daktari, having said that you didn't really think that it was going
>> >>>> to
>> >>>> be easy right? The forces of darkness and quick bucks will not let
>> >>>> it
>> >>>> be unless they have their pound of flesh. Unfortunately the same
>> >>>> tools
>> >>>> that progressive forces use to move their agenda are the same tools
>> >>>> available for the forces of retrogression.
>> >>>>
>> >>>> This country has turned the corner for the better. The rule of law
>> >>>> actually has a chance to thrive. Hang in there..And as the good
>> >>>> bible
>> >>>> says - The truth shall set you free!
>> >>>>
>> >>>> Ali Hussein
>> >>>>
>> >>>> +254 773/713 601113
>> >>>>
>> >>>> Sent from my iPhone®
>> >>>>
>> >>>> On Aug 10, 2012, at 8:04 AM, Brian Munyao Longwe <blongwe@gmail.com>
>> >>>> wrote:
>> >>>>
>> >>>>> Daktari,
>> >>>>>
>> >>>>> Thank you for taking this bold step to shed pure light on the Konza
>> >>>>> Techno city site. It is truly unfortunate that the media persist in
>> >>>>> casting aspersions and (allowing themselves to be used for)
>> >>>>> mudslinging.
>> >>>>>
>> >>>>> I recall, with clarity, how the print media (and especially Nation)
>> >>>>> were used during the early stages of TEAMs to try and discredit and
>> >>>>> bring disrepute to the project, yourself and others who were
>> >>>>> involved. It was laughable at the time how the newspaper even went
>> >>>>> as
>> >>>>> far as making rabid claims that I was fronting for powerful
>> >>>>> politicians via my company InHand Ltd which had procedurally
>> >>>>> applied
>> >>>>> for, and received an allocation in the project. I recall how many
>> >>>>> times the Anti-corruption commission carried out investigations,
>> >>>>> and
>> >>>>> I also recall having to answer a barrage of questions from the good
>> >>>>> folk at National Intelligence. All because of flimsy lies pushed
>> >>>>> through the newspapers by unscrupulous journalists who clearly had
>> >>>>> received the infamous "brown envelope" payoffs to publish dirt.
>> >>>>>
>> >>>>> Needless to say - and as has been pointed out by Mugo. TEAMs
>> >>>>> survived
>> >>>>> the negativity and today has totally transformed this country and
>> >>>>> region. While I know that it is personally tiring, draining and
>> >>>>> very
>> >>>>> demoralizing to be a victim of this kind of treatment. Let me add
>> >>>>> my
>> >>>>> voice to those who say "Usichoke" - please stay strong, keep the
>> >>>>> vision, and hold the course. The Konza City project is still at a
>> >>>>> critical stage that needs your drive and support. Once it gains
>> >>>>> it's
>> >>>>> own momentum then you can take a well deserved rest, until then let
>> >>>>> us all put our shoulders behind this project and push it forward.
>> >>>>>
>> >>>>> Best regards,
>> >>>>>
>> >>>>> Brian
>> >>>>>
>> >>>>>
>> >>>>> Brian Munyao Longwe
>> >>>>> | Mobile: 254715964281
>> >>>>> http://mashilingi.blogspot.com/
>>
>> >>>>> Facebook Twitter LinkedIn
>> >>>>> Contact me: blongwe
>> >>>>> Want a signature like mine? Click here.
>> >>>>>
>> >>>>>
>> >>>>>
>> >>>>> On Thu, Aug 9, 2012 at 8:43 AM, <bitange@jambo.co.ke> wrote:
>> >>>>> Listers,
>> >>>>> A number of you have independently asked me to clarify the Konza
>> >>>>> Land
>> >>>>> issue that was in the papers yesterday. Let me briefly explain the
>> >>>>> problem.
>> >>>>>
>> >>>>> Prior to the purchase of Land we developed a conceptual framework
>> >>>>> on
>> >>>>> the
>> >>>>> locationing of a tech city. Here we largely relied on the work
>> >>>>> done
>> >>>>> by
>> >>>>> Booz Allen. Among other things research shows that a tech city
>> >>>>> must
>> >>>>> be
>> >>>>> located at least 30 minutes from the airport and be in the
>> >>>>> outskirts
>> >>>>> of a
>> >>>>> major city from where you can tap the human resource.
>> >>>>>
>> >>>>> With this we crafted a tender document that restricted the suitable
>> >>>>> land
>> >>>>> within the parameters of the conceptual framework. This was done
>> >>>>> openly
>> >>>>> and we assumed it was indeed an open tender. But it emerged that
>> >>>>> the
>> >>>>> definition of open was to advertise land availability anywhere
>> >>>>> without
>> >>>>> restrictions. This grey area in the law is rediculous since land
>> >>>>> in
>> >>>>> Wajir
>> >>>>> will have been of no use to us and as such we flouted the
>> >>>>> procurement
>> >>>>> law.
>> >>>>>
>> >>>>> After our competitive bid, we consulted with the Ministry of Lands
>> >>>>> to
>> >>>>> give
>> >>>>> us the valuation of which the recommendation was Ksh. 200,000.
>> >>>>> Since
>> >>>>> most
>> >>>>> quotes were in the 300 range we focused on the most suitable piece
>> >>>>> and
>> >>>>> offered to pay Ministry of Lands Valuation rate. In open tenders
>> >>>>> one
>> >>>>> is
>> >>>>> not allowed to negotiate even when it is in the interest of the
>> >>>>> country.
>> >>>>> Here it is said we manipulated the numbers.
>> >>>>>
>> >>>>> This clearly is a misunderstanding since we still have grey areas
>> >>>>> in
>> >>>>> the
>> >>>>> Procurement Law. Whereas KACC says we used direct or restricted
>> >>>>> tendering
>> >>>>> to buying the land, our view was that the method was open since and
>> >>>>> one
>> >>>>> that is in the interest of the country.
>> >>>>>
>> >>>>> We did indeed consult the AG's office if what we did was in order
>> >>>>> and
>> >>>>> we
>> >>>>> were given the clear. Much of this is done by various the
>> >>>>> departments but
>> >>>>> I bear the ultimate responsibility.
>> >>>>>
>> >>>>> What is absurd is the fact that the Daily Nation decided to
>> >>>>> highlight
>> >>>>> this
>> >>>>> issue while we were having the Konza conference here with
>> >>>>> international
>> >>>>> investors. This was the time we were telling investors that Kenya
>> >>>>> has
>> >>>>> changed and corruption is being dealt with. Well they did a great
>> >>>>> damage
>> >>>>> to my reputation. I read malice in the story since it is something
>> >>>>> that
>> >>>>> has been around. I would rather have taken a six month jail term
>> >>>>> than
>> >>>>> mess up with a project that I have devoted my life to. I have
>> >>>>> taken
>> >>>>> risky
>> >>>>> decisions to have this project take off but it is now clear that we
>> >>>>> only
>> >>>>> rejoice on successes.
>> >>>>>
>> >>>>> KACC has a right to question what we do and indeed in Teams they
>> >>>>> were
>> >>>>> on
>> >>>>> our case all through until the project was complete. The fact that
>> >>>>> they
>> >>>>> question does not amount to corruption. This is how we can change
>> >>>>> laws
>> >>>>> and make them dynamic with changing times. As much as I respect
>> >>>>> the
>> >>>>> Media, in this case they hurt my character dearly yet what I did
>> >>>>> was
>> >>>>> right
>> >>>>> and hoped we can change the law for future rational decisions.
>> >>>>> Never
>> >>>>> in
>> >>>>> my public life have I tried to do something that is not in the
>> >>>>> interest of
>> >>>>> the country.
>> >>>>>
>> >>>>> Ndemo.
>> >>>>>
>> >>>>>
>> >>>>>
>> >>>>>
>> >>>>> _______________________________________________
>> >>>>> kictanet mailing list
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>> >>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> >>>>>
>> >>>>> Unsubscribe or change your options at
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>> >>>>>
>> >>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
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>> >>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
>> >>>>> platform for people and institutions interested and involved in ICT
>> >>>>> policy and regulation. The network aims to act as a catalyst for
>> >>>>> reform in the ICT sector in support of the national aim of ICT
>> >>>>> enabled growth and development.
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>> >>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
>> >>> platform
>> >>> for people and institutions interested and involved in ICT policy and
>> >>> regulation. The network aims to act as a catalyst for reform in the
>> >>> ICT
>> >>> sector in support of the national aim of ICT enabled growth and
>> >>> development.
>> >>>
>> >>> KICTANetiquette : Adhere to the same standards of acceptable
>> >>> behaviors
>> >>> online that you follow in real life: respect people's times and
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>> > _______________________________________________
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>> >
>> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> > for people and institutions interested and involved in ICT policy and
>> > regulation. The network aims to act as a catalyst for reform in the ICT
>> > sector in support of the national aim of ICT enabled growth and
>> > development.
>> >
>> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> > online that you follow in real life: respect people's times and
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>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and
>> bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>>
>>
>> _______________________________________________
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>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and
>> bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>