Fw: [Afr-ictpol-adv] Victory! FastLane wins right to compete against Jambonet
Dear all,
The ISP industry in Kenya is in elation at the successful appeal against CCK's decision not to grant FastLane a license to compete against Telkom Kenya's Jambonet.
In a landmark ruling which will probably shape the future of Kenya and the wider region's communications industries, the Communications Appeals Tribunal directed that FastLane be issued the license immediately.
The most important aspect of the ruling was not the granting of the license - but rather the fact that the Tribunal stated clearly that CCK as a Commission was to ignore any policy guidelines of a specific nature coming from the Ministry as the Act was clear that CCK was to give "due regard to policy guidelines of a general nature".
This means that CCK's independence as a regulator has been re-emphasised and underlined.
Here is the story from the East African Standard.
We will be posting the ruling in it's entirety on the FastLane website in the course of the day.
Regards,
Brian longwe ISPKenya/FastLane
------------------------------------------ (From East African Standard) Jambonet rival wins appeal By Athman Amran
Communications Appeals Tribunal yesterday struck down a decision by the Communications Commission of Kenya to deny a second independent Internet service provider (ISP) an operating license.
Tribunal chairman Justice (Rtd) Majid Cockar consequently ruled that Fast Lane Limited be granted a licence to compete with Telkom Kenya's Jumbonet.
Cockar made the ruling public at Telcom House, Nairobi in the company of two members of the tribunal Dr. Meoli Kashorda and Jotham Amisi. Fast Lane, which is a conglomerate of seven ISPs, appealed to the tribunal after CCK denied it a licence claiming that Internet Backbone Service provision was subject to an exclusivity clause granted to TelKom Kenya .The company first applied for a licence to operate an Internet backbone service on December 12, 2002.
On February 11, 2003 ,Fast Lane submitted its business plan and technical description to enable CCK to process the application. But on March 4, 2004 CCK wrote to the firm communicating its decision to reject the application.
In its appeal Fast Lane, through lawyer Daniel McVicker, argued that the decision of CCK to grant an exclusive license to TelKom Kenya for the provision of Internet backbone services was without legal foundation and in breach of the Telecommunications Act. The appellant argued that there was no express provision in the Act for the granting of an exclusive licence to Telkom.The lawyer also argued that the said policy was an adoption of the statement of policy guidelines issued by the Minister for Transport and Communication.
The commission on its part argued that granting of monopoly was not prohibited by any provision of the Act.
In his judgment Cockar said the proper course for the CCK would have been to consider the exclusivity clause inserted in the approved market structure as ultra vires to the Act and proceeded to use its discretion within the parameters of the policy guidelines. "There are other legal ways of keeping national interest in the fore-front without in the process breaching the mandatory provisions of the Act," Cockar said.
-- Brian Longwe CellFon: +254 733 518744 "Difficult to see. Always in motion is the future." Yoda
Job Title: Local project coordinator for Mombasa /Kenya Location: Mombasa Country: Kenya Company: FIC --------------------------------- Description: The Danish NGO FIC is searching for a local project coordinator to take care of project administration, coordination, follow up and implementation in the project Organizational development in the employees organization in the Port Industry in Kenya. FIC is a Danish non-profit, non-governmental member organisation engaged in development projects in Denmark, EU-countries, Eastern Europe and Africa. Together with the partners involved in the different projects FIC takes initiatives to organisational development through training and capacity building. Job Description The local coordinator will be a part of the project secretariat together with the counter part representing the Kenya Dockworkers Union and the Danish project manager who will be in Kenya occasionally. The project secretariat will be responsible of the day- to -day management of the project. Additionally the secretariat will assist in preparation, follow up and conduction of training activities and establishment of working groups and committees in cooperation with the Danish experts assisting the process. Frequently information about the project activities and development of a systemised information system will be a part of the responsibilities in the secretariat. The specific responsibilities of the project coordinator include: Securing administrative routines within the project Preparing steering committee meetings Assisting preparations of draft activity budgets and accounts Reporting of activities and financials to FIC Assisting with developing, planning and performing of training activities Assisting with establishment and facilitation of working groups and committees Assisting the implementation of planned and decided project activities. Responsible for meeting the agreed time schedule Assisting developing the information work, including establishing an internet based information and communication system. All tasks related to the project after decision in the Project Steering Committee and in agreement with FIC. Assistance in developing and issuing of newsletters throughout the project period. --------------------------------- Qualifications: Qualifications of the candidate: We are looking for a strong project manager who has superior skills in project coordination and administration, capacity building, organizational development and communication. Candidates with knowledge of the Kenyan Trade Union Movement and management of change will be preferred. Specific additional requirements include: University degree, preferable a minimum of BA degree, with any combination of project management, organizational development or communications. Speaking and writing Kiswahili and English fluently. A minimum of five (5) years of working experience with emphasis on project administration and coordination Knowledge and experience in organizational development including training, and ability to motivate development processes. Having personal routine in using PC and Microsoft Office. Willingness to engage in international and national travel Personally extrovert and good communicative skills at all levels. The Project Coordinator - Kenyan citizen will be employed by FIC. The Project Coordinator is directly responsible to and keeps close contact with the FIC Project Manager and will be the FIC representative in the project Committee in an equal cooperation with the counterpart of Kenya Dockworkers Union. The place of work is the project office situated in The Kenya Dockworkers Union in Mombassa. The job will be a full-time job on contractual conditions for at least two years starting from the 1st of August or 1st of September 2006 till the end of September 2008 with a 6 month probation period. If the project is prolonged the job can be extended for a further contractual period. FIC is an equal opportunity employer offering a competitive salary and benefits package. Applicants are invited to send a cover letter illustrating their suitability for the position against the listed qualifications/competencies/skills and a detailed curriculum vitae, with names and addresses of three referees (including telephone, fax numbers and email address). Applications should indicate Application for local project coordinator for Mombasa/Kenya. All applications have to be submitted by email to: annette.larsenLocal project coordinator for Mombasa /Kenya . Applications will be considered until Monday, 12th of June 2006. Please indicate your advertisement source in your application as Findajobinafrica. Job interviews will be conducted in Mombasa in the period from 20th till 23rd of June 2006 and in Nairobi in the period from 3rd till 4th of July 2006. If you have any questions regarding the position you are welcome to contact project manager Annette Larsen at: Email: Annette.larsen@fic.dk Phone: +45 33253864 Mobile: +45 24247677 Contact Details Contact Person: Annette Larsen Telehone: +4533255610 Fax: +4533255610 E-mail: annette.larsen@fic.dk Apply Online: Website: Reference: FJA-FIC-Kenya __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
Hi Ben, I hope that you are doing well. Where are you now??? Am still doing consultancy Conference Coordination and Organisating. Have just done one with 4 days in Mombasa. It went well and was a huge success. Many thanks for the job info. Will apply. take care and God Bless Lizette On 5/31/06, Benjamin Makai <benmakai@yahoo.com> wrote:
*Job Title:* *Local project coordinator for Mombasa /Kenya* Location: Mombasa Country: Kenya Company: FIC ------------------------------ *Description: * The Danish NGO FIC is searching for a local project coordinator to take care of project administration, coordination, follow up and implementation in the project "Organizational development in the employee's organization in the Port Industry in Kenya".
FIC is a Danish non-profit, non-governmental member organisation engaged in development projects in Denmark, EU-countries, Eastern Europe and Africa. Together with the partners involved in the different projects FIC takes initiatives to organisational development through training and capacity building.
*Job Description*
The local coordinator will be a part of the project secretariat together with the counter part representing the Kenya Dockworkers Union and the Danish project manager who will be in Kenya occasionally. The project secretariat will be responsible of the day- to -day management of the project. Additionally the secretariat will assist in preparation, follow up and conduction of training activities and establishment of working groups and committees in cooperation with the Danish experts assisting the process. Frequently information about the project activities and development of a systemised information system will be a part of the responsibilities in the secretariat.
*The specific responsibilities of the project coordinator include:* • Securing administrative routines within the project • Preparing steering committee meetings • Assisting preparations of draft activity budgets and accounts • Reporting of activities and financials to FIC • Assisting with developing, planning and performing of training activities • Assisting with establishment and facilitation of working groups and committees • Assisting the implementation of planned and decided project activities. • Responsible for meeting the agreed time schedule • Assisting developing the information work, including establishing an internet based information and communication system. • All tasks related to the project after decision in the Project Steering Committee and in agreement with FIC. • Assistance in developing and issuing of newsletters throughout the project period.
------------------------------ *Qualifications:* Qualifications of the candidate: We are looking for a strong project manager who has superior skills in project coordination and administration, capacity building, organizational development and communication. Candidates with knowledge of the Kenyan Trade Union Movement and management of change will be preferred. Specific additional requirements include: • University degree, preferable a minimum of BA degree, with any combination of project management, organizational development or communications. • Speaking and writing Kiswahili and English fluently. • A minimum of five (5) years of working experience – with emphasis on project administration and coordination • Knowledge and experience in organizational development including training, and ability to motivate development processes. • Having personal routine in using PC and Microsoft Office. • Willingness to engage in international and national travel • Personally extrovert and good communicative skills at all levels.
The Project Coordinator - Kenyan citizen – will be employed by FIC. The Project Coordinator is directly responsible to and keeps close contact with the FIC Project Manager and will be the FIC representative in the project Committee in an equal cooperation with the counterpart of Kenya Dockworkers Union. The place of work is the project office situated in The Kenya Dockworkers Union in Mombassa.
The job will be a full-time job on contractual conditions for at least two years starting from the 1st of August or 1st of September 2006 till the end of September 2008 with a 6 month probation period. If the project is prolonged the job can be extended for a further contractual period. FIC is an equal opportunity employer offering a competitive salary and benefits package.
Applicants are invited to send a cover letter illustrating their suitability for the position against the listed qualifications/competencies/skills and a detailed curriculum vitae, with names and addresses of three referees (including telephone, fax numbers and email address). Applications should indicate "Application for local project coordinator for Mombasa/Kenya". All applications have to be submitted by email to: annette.larsen*Local project coordinator for Mombasa /Kenya*<http://us.f315.mail.yahoo.com/ym/Compose?To=annette.larsen@fic.dk>. Applications will be considered until Monday, 12th of June 2006. *Please indicate your advertisement source in your application as Findajobinafrica*. Job interviews will be conducted in Mombasa in the period from 20th till 23rd of June 2006 and in Nairobi in the period from 3rd till 4th of July 2006. If you have any questions regarding the position you are welcome to contact project manager Annette Larsen at: • Email: Annette.larsen@fic.dk<http://us.f315.mail.yahoo.com/ym/Compose?To=Annette.larsen@fic.dk> • Phone: +45 33253864 • Mobile: +45 24247677
Contact Details *Contact Person: * Annette Larsen *Telehone: * +4533255610 *Fax: * +4533255610 E-mail: annette.larsen@fic.dk<http://us.f315.mail.yahoo.com/ym/Compose?To=annette.larsen@fic.dk> *Apply Online: * *Website: * Reference: *FJA-FIC-Kenya*
__________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
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participants (3)
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alice＠apc.org -
Benjamin Makai -
Lizette Kraft