Dear Mr Wambua,

 

Thanks for the kind update. Our view is that the decision as to the application especially on the proposed sale to competitors, beyond the mandatory constitutional provision of public participation, need to be subject to no objection of the Competition Authority of Kenya and Consumer Protection Act 2012. Yu-Mobile (non)compliance to service level agreements and implications thereof will need to be exhaustively deliberated too. CAK is certainly no final authority on the proposed transaction and cannot therefore avoid stakeholder input.

 

Kind regards,

 

Japheth Ogutu

Program Officer

www.cofek.co.ke

 

------ Original message------

From: Wambua, Christopher

Date: Mon, 03/03/2014 9:54 PM

To: The Consumers Federation of Kenya \(Cofek\);

Cc: KICTAnet ICT Policy Discussions;

Subject:Re: [kictanet] Yu acquisition proposal to regulator

 

The regulator has just received the application. We are in the process of reviewing the application with a view to deciding the way forward.  It is therefore too early to subject the application to public consultation.  

Wambua

Sent from my BlackBerry 10 smartphone.

From: ICT Researcher
Sent: Monday, 3 March 2014 21:11 PM
To: Wambua, Christopher
Reply To: ICT Researcher
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Yu acquisition proposal to regulator
 

Airtel, Safaricom seek to buy Essar’s Yu in Kenya - Safaricom will get Yu’s infrastructure, while Airtel is expected to acquire Yu’s subscriber base <http://www.livemint.com/Industry/BZZuR21BJsoJf6jksBhnVN/Airtel-Safaricom-seek-to-buy-Kenyan-rival-Essars-Yu.html>

Considering the profoundly adverse Triopoly consumer choice consequences,
Should the regulator not initiate a public consultation before decision  making?