Re: [kictanet] Konza Land Issue
Daktari, am actually in the bus headed to KONZA for the site visit. Indeed i read the issue in the dailies but did not bother too much about it sincei know a project of this magnitude must and will attract all manner of diversionery tactics. But we just need to focus and stay the course. walu. ------------------------------ On Thu, Aug 9, 2012 8:43 AM AST (Arabian) 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.
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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.
Daktari, I see the point you make, and this is definitely detractive from the bigger picture and the worth of the project. The other problem though is that the government departments and functionaries do not seem to be working in tandem. As you indicate, you sought advice from the AG and the Lands Office. And these know the facts, and the rationale for buying the Konza land rather than engaging in open tendering for the reasons you have advanced in your exposition. But oftentimes such organisations as the KACC are reactionist and sometimes do not take time to understand the rationale for certain actions, and seem interested in public grandstanding. Whilst the media (read the Nation!) has besmirched your reputation, you will be vindicated by time and success of the project although I am sure investors may now be wary of the project. Best wishes, Dr George Nyabuga Tel: +230 403 51 00 Head, Communications and PR, AFRINIC Fax: +230 466 67 58 george@afrinic.net - www.afrinic.net ---------------------------------------------------------------------------------------------------- Join us at AFRINIC-17 for our Public Policy Meeting in Khartoum, Sudan, on 24 – 30 November 2012 ---------------------------------------------------------------------------------------------------- On Aug 9, 2012, at 10:12 AM, Walubengo J wrote:
Daktari,
am actually in the bus headed to KONZA for the site visit. Indeed i read the issue in the dailies but did not bother too much about it sincei know a project of this magnitude must and will attract all manner of diversionery tactics. But we just need to focus and stay the course.
walu.
------------------------------ On Thu, Aug 9, 2012 8:43 AM AST (Arabian) 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.
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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.
Daktari, I agree with Walu and Dr. Nyabuga, how i wish we would have a public debate pitting those who are against the project and faithfully participate in the public forums and those who are for the project, we have too many wolves in sheep skin no wonder there are too many sideshows, if everybody were to be consulted we would never have the Thika Super Highway or TEAMS. Best Regards On Thu, Aug 9, 2012 at 9:33 AM, George Nyabuga <george@afrinic.net> wrote:
Daktari,
I see the point you make, and this is definitely detractive from the bigger picture and the worth of the project. The other problem though is that the government departments and functionaries do not seem to be working in tandem. As you indicate, you sought advice from the AG and the Lands Office. And these know the facts, and the rationale for buying the Konza land rather than engaging in open tendering for the reasons you have advanced in your exposition. But oftentimes such organisations as the KACC are reactionist and sometimes do not take time to understand the rationale for certain actions, and seem interested in public grandstanding. Whilst the media (read the Nation!) has besmirched your reputation, you will be vindicated by time and success of the project although I am sure investors may now be wary of the project.
Best wishes,
Dr George Nyabuga Tel: +230 403 51 00 Head, Communications and PR, AFRINIC Fax: +230 466 67 58 george@afrinic.net - www.afrinic.net
---------------------------------------------------------------------------------------------------- Join us at AFRINIC-17 for our Public Policy Meeting in Khartoum, Sudan, on 24 – 30 November 2012
----------------------------------------------------------------------------------------------------
On Aug 9, 2012, at 10:12 AM, Walubengo J wrote:
Daktari,
am actually in the bus headed to KONZA for the site visit. Indeed i read the issue in the dailies but did not bother too much about it sincei know a project of this magnitude must and will attract all manner of diversionery tactics. But we just need to focus and stay the course.
walu.
------------------------------ On Thu, Aug 9, 2012 8:43 AM AST (Arabian) 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.
_______________________________________________
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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.
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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.
-- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/
participants (3)
-
Barrack Otieno
-
George Nyabuga
-
Walubengo J