Walu, , Listers,
Victor is right . The spirit of the law is very clear. CAK has even shielded further by ensuring that they are not funded by the exchequer. The drafters of KICA right from 1998 were very clear on this "in order to create investor confidence that licensing will not be at the whims of particular interests".

In any case nearly all technologies have inherent risk.That is why INSURANCE INDUSTRY thrives. I would love to meet experts who know of a risk free technology! 

John Kariuki


Sent from Samsung Mobile



-------- Original message --------
From: Walubengo J via kictanet <kictanet@lists.kictanet.or.ke>
Date:
To: ngethe.kariuki2007@yahoo.co.uk
Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout


@Victor,

Completely agree....but as they say money can get another lawyer to script an equally convincing submission - but for parliamentary intervention (the law is an ass?)

Some said we have had judicial activism and now we seem to  experiencing parliamentary activism. The interesting part is that Equity is the only guy in town who can stare at Safaricom anywhere anytime. Be it at the Regulator, in  Parliament, in Court, in Statehouse, or in Mars.

I will wear my helmet because it does look like it might get bloody sooner than I thought :-)

walu.

--------------------------------------------
On Wed, 9/24/14, Victor Kapiyo via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout
To: jwalu@yahoo.com
Date: Wednesday, September 24, 2014, 6:07 PM

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
MutoroSecretary
GeneralConsumers Federation of Kenya
(COFEK)Rehema Place, Block
F-45Ngong Road/Ring Rd Kilimani
JunctionP.O Box 28053-00200, City Square,
NAIROBI, Kenya Tel. 254-20-2615496, 2300859 Fax.
254-20-3861719; Cell phones: 0715555550,
0770700007E-mail: hotline@cofek.co.keWebsite: www.cofek.co.keFacebook: "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   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 independentand free of control by
government, political orcommercial interests in the
exercise of itspowers and in the performance
of its functions. (2) In fulfilling its
mandate, the Authorityshall be guided by the
national values andprinciples of governance in
Article 10 and thevalues and principles of
public service in Article232 (1) of the
Constitution. What would happen say if CA
disregards the House team's
demand? RgdsGG 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.comThe 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-rollout/-/1064/2463762/-/2srp37/-/index.html
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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