Eric, Thank you for your feedback. In general I believe we are in agreement, it is when we get to the finer details where fine tuning and compromise will be. PS Ndemo should commit to putting Kenyan interests first and working towards removing obstacles that prevent local investors from succeeding such as policies that fail to take local investors into account. So that the message is not lost, this is not an argument that foreigners should be locked out, rather they should be allowed into the country under conditions favourable to Kenyans, the Nation and of course the investor. If PS Ndemo proceeds with his new policy lacking significant amendments, while saying he has discussed it with stakeholders, there will be no point in participating in sham PR exercises that give the false appearance of consultative meetings. It is good see the debate take a Pan African dimension on other lists with views from other continental Africans and it is evident the present day issue of economic sovereignty also afflicts other nations such as Uganda. I believe that an appropriate forum should host the policy discussions and until then, new policy should be suspended until the public and stakeholders have provided their input. The IGF would be great however it may not be within the scope of the IGF to do so. However if others do agree then let it be so. PO On Mon, 13 Oct 2008 06:18:19 +0000 "Eric M.K Osiakwan" <[email protected]> wrote:

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, [email protected] 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

...

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

...

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

...

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

...

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

...

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

...

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

...

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" <[email protected]> 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

http://www.bdafrica.com/index.php?option=com_content&task=view&id=8 2 percent that thing this the the 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, [email protected] 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

...

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

...

in the TEAMS project. My company, Internet Research went through

On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan" <[email protected]> wrote: participation 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.

-- Learn from the comfort of your home. Choose your degree and receive a free info pak. http://tagline.hushmail.com/fc/ Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPtQZA6nTe5QdbJulIxcO/

_______________________________________________ kictanet mailing list [email protected] http://lists.kictanet.or.ke/mailman/listinfo/kictanet

This message was sent to: [email protected] Unsubscribe or change your options at http://lists.kictanet.or.ke/ mailman/options/kictanet/emko%40internetresearch.com.gh

Eric M.K Osiakwan ICT Integrator Internet Research www.internetresearch.com.gh [email protected] 42 Ring Road Central, Accra-North Tel: +233.21.258800 ext 2031 Fax: +233.21.258811 Cell: +233.24.4386792

-- Suffering from back pain? Click now for the latest treatment options! http://tagline.hushmail.com/fc/Ioyw6h4eyKVlbJeKV9y8heuwIbU9qrkHdp372nIDg38Vf...