Mr. Munyao,
Regarding ownership of the project, it is possible for the Government to transfer the land and the development of the project to a separate entity e.g. a state corporation incorporated under the State Corporations Act and the Companies Act or a development authority incorporated by statute. This entity can then, as a separate legal entity, perform the role of developer or appoint a master developer, and in the future, be able to act as the ‘landlord’ to charge levies and maintain standards of construction and maintenance of the
developments.
It is possible for me to become PMG or President but the question is what is the possibility? Note that this document was written before the AG made the interpretation about how we can handle government land in addition the national land commission will also have a go at an interpretation.
I would like you to not the following phrase that is repeated a number of times in the table "No Existing Infrastructure", please note that I read the earlier versions of the document and we raised issue then which as usual where deemed as not relevant.
It is good that you decided to try
and defend your platform by quoting from the "master plan", I suggest that you avoid a speed read of the document and read every word and take the context in which many of the words are used.
History teaches us that we never learn from it, look back at the issue of water that was supplied to a flower farm that used to be called Stony Athi, I believe has changed its name to Prima Rosa, directly from a water source around Kilimanjaro. The residents of Machakos town revolted when they saw portable water being poured on flowers for export yet their taps where dry, Munyao on what side would you have been on that issue?
The same situation is what we are creating by treating Konza like an island that is independent of the rest of the area or country.
From the table above and the responses from Dr, Ndemo and
his elk indicate that what is being planned here is an Oasis which will have little or no benefit to the surrounding community. So Mr. Munyao I thing you need to reconsider your stand on this issue and do it on a professional and not emotional level.
Regards
18
INFRASTRUCTURE
VIP SUMMARY
KONZA TECHNOLOGY CITY
InfrastructureElementEisting conditionsProposed strateg
WaterNo existing infrastructure. Localwater resources inadequate.Offsite major supply source, incorporated within a regional supply scheme. Centralwater treatment works and reservoir storage.Maximise water re-use and rainwater harvesting to supplement.WastewaterNo existing infrastructure.Centralised treatment works using waste stabilisation ponds.
Efuent reuse for irrigation. Sludge disposal to agriculture for reuse as a soil
conditioner.Storm WaterNo existing infrastructure. Run-
off ows to dry rivers.
Comprehensive network of storm drains.PowerNo existing infrastructure onthe site.To obtain a 400kV dual supply to the site from an overhead line. This will betransformed to 66kV and 11kV at strategic points around the site.Solid WasteNo existing infrastructure.
Identify suitable local site for landll and collection points, develop commercial
incentives for recycling and reuse (Energy from Waste) and managed collections inline with the integrated waste management philosophy.Telecoms
Good GSM coverage & bre
optic cables nearby.
New bre optic Access network, providing high speed internet, voice and video
connectivity.
3.7
SUMMARy ANALySIS OF INFRASTRUCTURE
Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya
Tel: +254722511225, +254202010696
From: Brian Munyao Longwe <blongwe@gmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Friday, 10 February 2012, 13:33
Subject: Re: [kictanet] Weird Things ...Konza City?
_______________________________________________
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From: Brian Munyao Longwe <blongwe@gmail.com>
To: robertyawe@yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Friday, 10 February 2012, 13:33
Subject: Re: [kictanet] Weird Things ...Konza City?
Since it seems people don't like doing homework, here is an excerpt from the Konza Summary document's Legal section that might address some of the property issues already raised:
PROjECT DEVELOPMENT
The Government intends to develop the project under the PPP Framework. The existing PPP framework sets out an elaborate procedure for the approval of PPP arrangements (including approval by cabinet) and these have significant time and cost implications which will need to be taken into account in planning the project schedule. In addition, the relevant decision makers will need to be satisfied that the project meets the overall objectives of the PPP framework before approving the proposed PPP arrangements.
Regarding ownership of the project, it is possible for the Government to transfer the land and the development of the project to a separate entity e.g. a state corporation incorporated under the State Corporations Act and the Companies Act or a development authority incorporated by statute. This entity can then, as a separate legal entity, perform the role of developer or appoint a master developer, and in the future, be able to act as the ‘landlord’ to charge levies and maintain standards of construction and maintenance of the developments.
The advantages of this are that a State Corporation can be set up fairly quickly; the project can be run by an autonomous body (although this will still be subject to PPP law, procurement law etc.); the autonomous body can have private participation in the future (by way of shareholders, independent directors etc); and this body can be financially independent from Government (save for the shareholding or ownership of the body by Government). Further consultations and advice needs to be taken if this option is to be considered by Government
INCENTIVE FRAMEWORK
The SEZ bill proposes various procedural and fiscal incentives. Some of these, particularly the fiscal incentives will need to be incorporated into the existing tax legislation in order to bring them into effect. More importantly, it is important to bear in mind the provisions of the multilateral treaties that Kenya has ratified, as these cannot be easily amended.
The other issue to bear in mind is that under the new Constitution, county governments may be able to impose additional taxation over and above that imposed by the national government. In this regard, the national government will need to educate county governments on the general objectives of SEZ program in order to ensure that the taxation policies established at county level do not defeat the objectives of the SEZ program. That said, it could be argued that the SEZ program is a matter of national importance and to that extent any laws passed at county level that are inconsistent with the SEZ law will be superseded by the SEZ law.
----------------------------------------------------------
I would imagine that the above, at a minimum, should at least indicate that a significant amount of thought and planning has gone into this project and that lessons learnt from past "white elephants" have been applied. Nevertheless - as they say - the proof of the pudding is in the eating. Let us hope, pray and do our best to ensure that actions related to Konza are well executed.
Best regards,
Brian
On Fri, Feb 10, 2012 at 1:13 PM, Brian Munyao Longwe <blongwe@gmail.com> wrote:
> In view of establishing whether people are in possession of knowledge
> before they make remarks it might also help to go through the publicly
> available and well written documents that are/have been available
> online at:
>
> http://www.konzacity.co.ke/?page_id=2355
>
> Especially the "Summary Document"
>
> Mblayo
>
> On Fri, Feb 10, 2012 at 12:50 PM, S.M. Muraya <murigi.muraya@gmail.com> wrote:
>> At a Konza City briefing some months ago, the Kengen MD said they have an
>> energy plan for the city. Forgot the specifics.
>>
>> My speculation (this is not what the Kengen MD said) coal mining in Eastern
>> Kenya is going to contribute to powering Konza City.
>>
>> Some Water Authority was there too - talking about supply of water and if I
>> remember well there was also talk of hydro power.
>>
>> Whether Foreigners show up at Konza City or not is immaterial to some of us.
>> They will value add if they do show up. We need to provide a good working
>> environment for Kenyan Technologists. We do not have to build good things
>> just to attract Foreigners. We are the ones living in Kenya. We can love
>> ourselves too.
>>
>> Being 60 Km away from Nairobi City - 20 minutes by train -- Konza City will
>> intitally feed off the Nairobi Metropolitan Area (over 50% of the Kenyan
>> economy at the moment). It also happens to be on Mombasa Rd too and can
>> become a Tourist Point too.
>>
>> In 2007, Eastern Kenya was generally innocent of ethnic cleansing, though
>> they will become more hostile with the influx of ''outsiders".
>>
>> http://www.the-star.co.ke/national/national/58176-cement-company-secretly-acquired-44000-acres-in-kitui-claims-ngilu
>>
>> Other Technology Parks should be planned / developed to serve Firms wishing
>> to locate in parts of Kenya not too hostile to them.
>>
>> Final note below:
>>
>> On Fri, Feb 10, 2012 at 9:36 AM, robert yawe <robertyawe@yahoo.co.uk> wrote:
>>
>>>
>>> Strathmore University on the other hand went for the LEED certification
>>> right from design stage, please send me the section in the Konza master plan
>>> where LEED certification is mentioned as a requirement? We both listened to
>>> the presentation about Hydrabad and the issues that arose relating to its
>>> development how they where handled, why is it that you refuse to carry out a
>>> SWOT analysis on the Konza project? We need to move beyond dreaming towards
>>> the reality that is the Kenya we have.
>>>
>>
>> I approached Paul Kukubo at the Konza City briefing to ask about Local
>> Universities. Strathmore University was the only one he mentioned as meeting
>> the criteria they have set for Konza City.
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet@lists.kictanet.or.ke
>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com
>>
>> 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.
>
>
>
> --
> Brian Munyao Longwe
> e-mail: blongwe@gmail.com
> cell: +254715964281
> blog : http://zinjlog.blogspot.com
> meta-blog: http://mashilingi.blogspot.com
--
Brian Munyao Longwe
e-mail: blongwe@gmail.com
cell: +254715964281
blog : http://zinjlog.blogspot.com
meta-blog: http://mashilingi.blogspot.com
LAND ACqUISITION AND DEVELOPMENT
Pursuant to the provisions of the new Constitution, all existing land laws will be revised, consolidated and rationalized and this will significantly affect the manner in which land in Kenya may be acquired, utilised and disposed. For instance, under the new Constitution, all public land (including land owned by the state or state agencies) will be vested in the National Land Commission. The Constitution further provides that public land may only be used or disposed in terms of an Act of Parliament specifying the nature and terms of that disposal or use. It is therefore necessary that the SEZ law grant express powers to the SEZ authority to dispose land acquired by it for SEZ purposes in such manner as it may deem necessary in order to achieve the objectives of the SEZ law.
With regard to development of SEZ land, it will be necessary to harmonize the physical planning laws and the SEZ law to ensure that the objectives of the SEZ policy are taken into account in developing regional and local development plans and in granting development approvals. It will also be important to harmonize the roles of the different regulators involved in this process (such as the local authorities, the physical planning department and the Commissioner of Lands).
PROjECT DEVELOPMENT
The Government intends to develop the project under the PPP Framework. The existing PPP framework sets out an elaborate procedure for the approval of PPP arrangements (including approval by cabinet) and these have significant time and cost implications which will need to be taken into account in planning the project schedule. In addition, the relevant decision makers will need to be satisfied that the project meets the overall objectives of the PPP framework before approving the proposed PPP arrangements.
Regarding ownership of the project, it is possible for the Government to transfer the land and the development of the project to a separate entity e.g. a state corporation incorporated under the State Corporations Act and the Companies Act or a development authority incorporated by statute. This entity can then, as a separate legal entity, perform the role of developer or appoint a master developer, and in the future, be able to act as the ‘landlord’ to charge levies and maintain standards of construction and maintenance of the developments.
The advantages of this are that a State Corporation can be set up fairly quickly; the project can be run by an autonomous body (although this will still be subject to PPP law, procurement law etc.); the autonomous body can have private participation in the future (by way of shareholders, independent directors etc); and this body can be financially independent from Government (save for the shareholding or ownership of the body by Government). Further consultations and advice needs to be taken if this option is to be considered by Government
INCENTIVE FRAMEWORK
The SEZ bill proposes various procedural and fiscal incentives. Some of these, particularly the fiscal incentives will need to be incorporated into the existing tax legislation in order to bring them into effect. More importantly, it is important to bear in mind the provisions of the multilateral treaties that Kenya has ratified, as these cannot be easily amended.
The other issue to bear in mind is that under the new Constitution, county governments may be able to impose additional taxation over and above that imposed by the national government. In this regard, the national government will need to educate county governments on the general objectives of SEZ program in order to ensure that the taxation policies established at county level do not defeat the objectives of the SEZ program. That said, it could be argued that the SEZ program is a matter of national importance and to that extent any laws passed at county level that are inconsistent with the SEZ law will be superseded by the SEZ law.
----------------------------------------------------------
I would imagine that the above, at a minimum, should at least indicate that a significant amount of thought and planning has gone into this project and that lessons learnt from past "white elephants" have been applied. Nevertheless - as they say - the proof of the pudding is in the eating. Let us hope, pray and do our best to ensure that actions related to Konza are well executed.
Best regards,
Brian
On Fri, Feb 10, 2012 at 1:13 PM, Brian Munyao Longwe <blongwe@gmail.com> wrote:
> In view of establishing whether people are in possession of knowledge
> before they make remarks it might also help to go through the publicly
> available and well written documents that are/have been available
> online at:
>
> http://www.konzacity.co.ke/?page_id=2355
>
> Especially the "Summary Document"
>
> Mblayo
>
> On Fri, Feb 10, 2012 at 12:50 PM, S.M. Muraya <murigi.muraya@gmail.com> wrote:
>> At a Konza City briefing some months ago, the Kengen MD said they have an
>> energy plan for the city. Forgot the specifics.
>>
>> My speculation (this is not what the Kengen MD said) coal mining in Eastern
>> Kenya is going to contribute to powering Konza City.
>>
>> Some Water Authority was there too - talking about supply of water and if I
>> remember well there was also talk of hydro power.
>>
>> Whether Foreigners show up at Konza City or not is immaterial to some of us.
>> They will value add if they do show up. We need to provide a good working
>> environment for Kenyan Technologists. We do not have to build good things
>> just to attract Foreigners. We are the ones living in Kenya. We can love
>> ourselves too.
>>
>> Being 60 Km away from Nairobi City - 20 minutes by train -- Konza City will
>> intitally feed off the Nairobi Metropolitan Area (over 50% of the Kenyan
>> economy at the moment). It also happens to be on Mombasa Rd too and can
>> become a Tourist Point too.
>>
>> In 2007, Eastern Kenya was generally innocent of ethnic cleansing, though
>> they will become more hostile with the influx of ''outsiders".
>>
>> http://www.the-star.co.ke/national/national/58176-cement-company-secretly-acquired-44000-acres-in-kitui-claims-ngilu
>>
>> Other Technology Parks should be planned / developed to serve Firms wishing
>> to locate in parts of Kenya not too hostile to them.
>>
>> Final note below:
>>
>> On Fri, Feb 10, 2012 at 9:36 AM, robert yawe <robertyawe@yahoo.co.uk> wrote:
>>
>>>
>>> Strathmore University on the other hand went for the LEED certification
>>> right from design stage, please send me the section in the Konza master plan
>>> where LEED certification is mentioned as a requirement? We both listened to
>>> the presentation about Hydrabad and the issues that arose relating to its
>>> development how they where handled, why is it that you refuse to carry out a
>>> SWOT analysis on the Konza project? We need to move beyond dreaming towards
>>> the reality that is the Kenya we have.
>>>
>>
>> I approached Paul Kukubo at the Konza City briefing to ask about Local
>> Universities. Strathmore University was the only one he mentioned as meeting
>> the criteria they have set for Konza City.
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet@lists.kictanet.or.ke
>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com
>>
>> 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.
>
>
>
> --
> Brian Munyao Longwe
> e-mail: blongwe@gmail.com
> cell: +254715964281
> blog : http://zinjlog.blogspot.com
> meta-blog: http://mashilingi.blogspot.com
--
Brian Munyao Longwe
e-mail: blongwe@gmail.com
cell: +254715964281
blog : http://zinjlog.blogspot.com
meta-blog: http://mashilingi.blogspot.com
_______________________________________________
kictanet mailing list
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http://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/robertyawe%40yahoo.co.uk
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.