Edith, Let me not comment on this issue. Ndemo. Sent from my BlackBerry® -----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jambo.co.ke 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.

Dr. Ndemo, even though you've opted to go silent on this one, I think, just like you put up a spirited defence when the Nation accused you of corruption on Konza Tech City, you need to satisfy our curious desire. The Executive, to which by extent you are a part of, should never meddle with the telecommuniction sector since this is a liberalized economy. If you got the said letters from State House and PM's office, let us know - we just can't be held at ransom by a few individuals - even the President who is no longer above the law - to suit their own interests. This state of affair reminds me of JM Kariuki and his ten millionaires and ten million poor. As such, I'm invoking Article 35 (Sub-Article 1 parts a and b and Sub-article 3), of the constitution. Solomon On 29/08/2012, Edith Adera <eadera@idrc.or.ke> wrote:

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

Mark, The world has changed and indeed, Kenya has changed, your statement "we don't work in vacuums and when directed to do something by superiors, you do it"......is a very sad statement and goes to show how mindsets MUST change in Kenya! In a reformed enviornment, we can't work with your kind of mindset! Edith ________________________________ From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Mark Mwangi [mwangy@gmail.com] Sent: Wednesday, August 29, 2012 3:15 PM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Dear All, Let us not put Dr. Ndemo on the spot for following orders from his bosses. We do the same all the time in our institutions or companies. He has just said the matter is in court and hence not to be talked about along the roadside giving opinions. We don't work in vacuums and when directed to do something by superiors, you do it. On Wed, Aug 29, 2012 at 2:41 PM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com<mailto:solo.mburu@gmail.com>> wrote: Dr. Ndemo, even though you've opted to go silent on this one, I think, just like you put up a spirited defence when the Nation accused you of corruption on Konza Tech City, you need to satisfy our curious desire. The Executive, to which by extent you are a part of, should never meddle with the telecommuniction sector since this is a liberalized economy. If you got the said letters from State House and PM's office, let us know - we just can't be held at ransom by a few individuals - even the President who is no longer above the law - to suit their own interests. This state of affair reminds me of JM Kariuki and his ten millionaires and ten million poor. As such, I'm invoking Article 35 (Sub-Article 1 parts a and b and Sub-article 3), of the constitution. Solomon On 29/08/2012, Edith Adera <eadera@idrc.or.ke<mailto:eadera@idrc.or.ke>> wrote:

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke<mailto:bitange@jambo.co.ke> [bitange@jambo.co.ke<mailto:bitange@jambo.co.ke>] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke<mailto:eadera@idrc.or.ke>> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke<mailto:jambo.co.ke@lists.kictanet.or.ke>>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke<mailto:bitange@jambo.co.ke>> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke>> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mwangy%40gmail.com 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. -- Regards, Mark Mwangi markmwangi.me.ke<http://markmwangi.me.ke>

Least we forget. Independence is a prerequisite for any telecommunications regulator. A weak regulator can lead to regulatory capture - the loss of independence because of undue influence from an incumbent operator, *political interests, or industry players*. It is generally accepted that regulatory independence involves: the separation of the regulator from the telecommunications operators that it regulates; lack of direct political influence on the regulator; and an open and transparent regulatory decision-making process. However, it is not possible to achieve absolute independence, as regulators are expected to be subject to some form of government oversight and a system of checks and balances. -- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh www.transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know

Bwana Ndemo, You state that "I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister." How do you suggest that the industry stakeholders should hear from the 2 Principals as we are all very concerned by what was posted on KICTANET?. Should we have a similar arrangement like Grace did with Eng. Kidenda on the issue of Thika Road?

From the many posts on this list, you can clearly tell that stakeholders have many questions and issues to raise? Most have gone unanswered.

Look forward to your advice. Edith ________________________________________ From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 4:30 PM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Solomon, The Nation never accused me of corruption and I never put up a spirited campaign. The Nation simply said that EACC was investigating me for using a direct method in procuring Konza. I questioned their sincerity in publishing the article during the Konza conference when the matter had been in public domain for over a year. I also expressed my feelings towards what I thought was unfair timing. You can read my post once more. I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister. There are structures of communicating with our leadership. As for me, I need time to first check what needs to be said and what cannot be said due to legal implications. I write this while seated at a funeral in Muranga and not having all the resources. It is only fair to say that I cannot comment for now. Ndemo. Sent from my BlackBerry® -----Original Message----- From: Solomon Mb?r? Kamau <solo.mburu@gmail.com> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 14:41:51 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Dr. Ndemo, even though you've opted to go silent on this one, I think, just like you put up a spirited defence when the Nation accused you of corruption on Konza Tech City, you need to satisfy our curious desire. The Executive, to which by extent you are a part of, should never meddle with the telecommuniction sector since this is a liberalized economy. If you got the said letters from State House and PM's office, let us know - we just can't be held at ransom by a few individuals - even the President who is no longer above the law - to suit their own interests. This state of affair reminds me of JM Kariuki and his ten millionaires and ten million poor. As such, I'm invoking Article 35 (Sub-Article 1 parts a and b and Sub-article 3), of the constitution. Solomon On 29/08/2012, Edith Adera <eadera@idrc.or.ke> wrote:

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jambo.co.ke 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/eadera%40idrc.or.ke 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.

Hi People, Perhaps we should just agree that goverments the world over employ measures protectionist of perceived national interests every so often. Even the most advanced and liberal economies have their protected exceptions. Granted MTR is merely the available protection instrument, question should be whether we should not be honest enough and declare that liberalisation of our telco/ISP market-place is not absolute - then write the laws appropriately. Problem though would be deciding on whose entangled vested interest must be protected alongside national interest at any point in time. best regards On Aug 31, 2012 5:11 PM, <bitange@jambo.co.ke> wrote:

Edith, If I use Parliamentary analogy, you cannot discuss anybody there if that person has no right of defence in the same forum. In this case you will have to use other channels of communication to such offices. That is why I felt that it would be unfair to discuss anybody who has no right of response. You proposal to have a Kidenda type may be fair and we can always try if it can work.

You may recall that early in 2008 we fused together PNU and ODM policies on the best way to run the Kenyan economy. This meant that the buck stops not with CCK or the Ministry of Information. Sometimes such issues are highly subjective. You are forgeting that Telecommunications is a security infrastructure. You cannot just let it die and no nation have ever done that.

In my view our focus should be scrutinizing what policies are being proposed by the candidates at the moment. You do not want to criticise when they already implemented. All the issues you raise do not contravene the constitution in any way. They however impact on the economic management that emanate from government of the day policies.

Ndemo.

...

Bwana Ndemo,

You state that "I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister."

How do you suggest that the industry stakeholders should hear from the 2 Principals as we are all very concerned by what was posted on KICTANET?. Should we have a similar arrangement like Grace did with Eng. Kidenda on the issue of Thika Road?

From the many posts on this list, you can clearly tell that stakeholders have many questions and issues to raise? Most have gone unanswered.

Look forward to your advice.

Edith ________________________________________ From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 4:30 PM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Solomon, The Nation never accused me of corruption and I never put up a spirited campaign. The Nation simply said that EACC was investigating me for using a direct method in procuring Konza. I questioned their sincerity in publishing the article during the Konza conference when the matter had been in public domain for over a year. I also expressed my feelings towards what I thought was unfair timing. You can read my post once more.

I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister. There are structures of communicating with our leadership. As for me, I need time to first check what needs to be said and what cannot be said due to legal implications.

I write this while seated at a funeral in Muranga and not having all the resources. It is only fair to say that I cannot comment for now.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Solomon Mb?r? Kamau <solo.mburu@gmail.com> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 14:41:51 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Dr. Ndemo, even though you've opted to go silent on this one, I think, just like you put up a spirited defence when the Nation accused you of corruption on Konza Tech City, you need to satisfy our curious desire. The Executive, to which by extent you are a part of, should never meddle with the telecommuniction sector since this is a liberalized economy. If you got the said letters from State House and PM's office, let us know - we just can't be held at ransom by a few individuals - even the President who is no longer above the law - to suit their own interests. This state of affair reminds me of JM Kariuki and his ten millionaires and ten million poor.

As such, I'm invoking Article 35 (Sub-Article 1 parts a and b and Sub-article 3), of the constitution.

Solomon

On 29/08/2012, Edith Adera <eadera@idrc.or.ke> wrote:

...

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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,

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share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

This week on Tuesday I had a nasty experience when an Mpesa agent sent my money to a wrong number though the mistake was mine. For some reason, when I was asked to clarify my number I thought that I had given them the right one but one that was wrong. Am sure this happens all the time but the unfortunate thing is when the person who has received the money refused to cooperate by returning the money. In this case, soon after the deposit was done and which went to a Viola, I and the agent realised the mistake and immediately the agent called Safaricom to reverse the deposit but within less than a minute of the transaction, Safaricom informed the agent that the money, some Kshs11,000 had already been withdrawn and advised me to go and report to the police which I definitely did. What is worrying is that such mistakes are common as reflected in the police OB but Safaricom clients are getting very frustrated getting their money back from 'criminals' who want to benefit from the 'free' money sent to them. It takes a while for the criminal investigation department dealing with these cases to work on them which is very frustrating to the sender. Safaricom appears not to have a sense of urgency to resolve these issues since they have all the information of their clients and can even trace the transactions as they take place. Again, at the police, they give you very discouraging information to the effect that they doubt if such cases are ever resolved. I believe even as we use technology, there is need for certain mechanisms to be put in place so that clients are not punished and inconvenienced by criminals out there abusing technology and the service providers need to be sensitive to this. How should these emerging technology crimes be handled? Frustrated Jane -----Original Message----- From: kictanet [mailto:kictanet-bounces+info=amwik.org@lists.kictanet.or.ke] On Behalf Of Edith Adera Sent: Thursday, August 30, 2012 6:53 PM To: info@amwik.org Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Bwana Ndemo, You state that "I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister." How do you suggest that the industry stakeholders should hear from the 2 Principals as we are all very concerned by what was posted on KICTANET?. Should we have a similar arrangement like Grace did with Eng. Kidenda on the issue of Thika Road?

From the many posts on this list, you can clearly tell that stakeholders have many questions and issues to raise? Most have gone unanswered.

Look forward to your advice. Edith ________________________________________ From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 4:30 PM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Solomon, The Nation never accused me of corruption and I never put up a spirited campaign. The Nation simply said that EACC was investigating me for using a direct method in procuring Konza. I questioned their sincerity in publishing the article during the Konza conference when the matter had been in public domain for over a year. I also expressed my feelings towards what I thought was unfair timing. You can read my post once more. I think it will be unfair to make any judgement before you hear from both the President and the Prime Minister. There are structures of communicating with our leadership. As for me, I need time to first check what needs to be said and what cannot be said due to legal implications. I write this while seated at a funeral in Muranga and not having all the resources. It is only fair to say that I cannot comment for now. Ndemo. Sent from my BlackBerryR -----Original Message----- From: Solomon Mb?r? Kamau <solo.mburu@gmail.com> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 14:41:51 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions Dr. Ndemo, even though you've opted to go silent on this one, I think, just like you put up a spirited defence when the Nation accused you of corruption on Konza Tech City, you need to satisfy our curious desire. The Executive, to which by extent you are a part of, should never meddle with the telecommuniction sector since this is a liberalized economy. If you got the said letters from State House and PM's office, let us know - we just can't be held at ransom by a few individuals - even the President who is no longer above the law - to suit their own interests. This state of affair reminds me of JM Kariuki and his ten millionaires and ten million poor. As such, I'm invoking Article 35 (Sub-Article 1 parts a and b and Sub-article 3), of the constitution. Solomon On 29/08/2012, Edith Adera <eadera@idrc.or.ke> wrote:

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerryR

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange=jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

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_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jambo.co.ke 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/eadera%40idrc.or.ke 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40amwik.org 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.

Edith, Airtel is a private firm thus hiking their prices is not really a national matter seeing as they are not the dominant player. If I recall correctly they are bleeding money due to the weird business model they are trying to push. Dr.Ndemo is an employee at the end of the day and employees follow employers rules. I see nothing wrong with this. On Wed, Aug 29, 2012 at 3:21 PM, Odhiambo Washington <odhiambo@gmail.com>wrote:

Edith,

How do you question Kibaki/Raila? The PS takes directives, just like the ministers so he cannot question. Those two do not allow themselves to be questioned in any public fora. I remember Raila has been to some radio stations, but that is not the right platform we can use to question them/put them to task.

In such cases, I can tell you for sure - Desktop Activism[0] is all you can do!

[0] Kenyans like complaining and ranting and growling - activism behind their desks/phones/gadgets, which never makes a difference. Even street activism these days don't make those two to lose a wink! We need some drastic changes in the political arena. Do away with the old order.

On Wed, Aug 29, 2012 at 2:08 PM, Edith Adera <eadera@idrc.or.ke> wrote:

...

mmm...conspiracy of silence?

Should we be a community that cannot question the powers that be?

Edith

________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: Wednesday, August 29, 2012 1:24 PM To: Edith Adera; kictanet Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

Edith, Let me not comment on this issue.

Ndemo.

Sent from my BlackBerry®

-----Original Message----- From: Edith Adera <eadera@idrc.or.ke> Sender: "kictanet" <kictanet-bounces+bitange= jambo.co.ke@lists.kictanet.or.ke>Date: Wed, 29 Aug 2012 06:06:43 To: <bitange@jambo.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions

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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

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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.

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-- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I can't hear you -- I'm using the scrambler.

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On 29 August 2012 16:13, Walubengo J <jwalu@yahoo.com> wrote:

@Edith,

Ave been working on some academic model whose preliminary data seems to support Mr. Presidents interventions i.e. the Telco market must project significant Returns for the investor to continue playing. Competition is good but cut-throat competition leaves the industry (Operators, Govt and Users) worse off than before. Think about it - would you like FREE internet that is so congested that you cannot send an email? Or would you rather pay something extra for the reasonable use of the medium?

I beg to differ with you Walu. Safaricom has been making insane profits for the past ten years. INSANE profits at the expense of a consumer. You cannot make 10Billion profit in such a small market then start whining on how the market is tough and prices are depressed, and competition is high. Safaricom ended its 2012 financial year with a NET profit to *Sh12.63 billion* . If that is not OBSCENELY SIGNIFICANT profit, what is? I read that the government doesn't want to loose the significant DIVIDENTS it gets from Safaricom that's why it's intervening through CCK. For Telkom Kenya, they have to be more innovative and receptive to change if they are to survive. Actually, the government should dispose the remaining 49% stake and stop wasting taxpayers money in bailing the organisation every fiscal year.

Going back to Mr. Prime ministers interventions - of protecting frequencies allegedly irregularly acquired by others. My model has not factored in frequencies yet - But I think CCK may have a bigger impact on the market by recovering frequencies held up by the Military (there's a band that ITU declared for public use but previous reports indicated our Military seems to hoard this band - not sure if this has changed).

As to whether the President's and/or the Prime Ministers interventions are legal? It is debatable. However, I think the current legislative framework - Kenya Comm Amendment Act 2009 - provides for the government in power to direct the Regulator - BUT through Policy frameworks - rather than through specific or selected directives arising from which CEO had dinner with the President/Prime minister the previous night.

walu.

--- On *Wed, 8/29/12, Edith Adera <eadera@idrc.or.ke>* wrote:

From: Edith Adera <eadera@idrc.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 1:06 PM

Any reactions from Bwana Ndemo, who seems to have received one of the letters?

Is this also the reason why Airtel changed their rates to subscribers from 1 shilling (permanent!! - the word has earned new meaning) back to ksh 3 per minute? No one answered this question when I asked a while back. Airtel, why the change?

As stakeholders, should we accept "regulatory capture" in this industry?

Edith ------------------------------ *From:* kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga [ggithaiga@hotmail.com] *Sent:* Wednesday, August 29, 2012 12:36 AM *To:* Edith Adera *Cc:* KICTAnet ICT Policy Discussions *Subject:* [kictanet] Kibaki, Raila meddling stalls CCK actions

IN SUMMARY

- The President’s intervention, which amounts to political meddling in the work of an independent state organ, has for the second time in as many years stopped the industry regulator, the Communications Commission of Kenya (CCK), from lowering the Mobile Termination Rate (MTR). - MTR is the price that operators pay each other for calls terminating in their networks from outside and ultimately determines call costs. - Mr Kibaki, who has been acting on behalf of Safaricom and Telkom Kenya, issued the directive in a letter to Information permanent secretary Bitange Ndemo, stating that there should be no change in the MTR until a fresh study of the same is carried out. - Prime Minister Raila Odinga, jumped into the CCK’s regulatory mandate with a similar directive on behalf of yet another big business – Royal Media Services. - Mr Odinga wrote to the CCK director-general asking him to withdraw the notice he had published of intention to revoke frequencies that the media house is accused of acquiring irregularly.

http://www.businessdailyafrica.com/Kibaki+Raila+meddling+stalls+CCK+actions+...

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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.

-- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh www.transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know

jst a quick correction before Ndemo complains about affordability - our internet costs as a % of average income is now @ 30% (2011, ITU). The earlier mention value of 50% was the ITU, 2008 figures. So yes, prices are dropping (at wholesale level) but at retail (mwananchi level) there is still room for improvement. walu. --- On Wed, 8/29/12, Walubengo J <jwalu@yahoo.com> wrote: From: Walubengo J <jwalu@yahoo.com> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 6:17 PM I hear you Kivuva. Safcom has indeed made some tidy returns. But these returns can evaporate to zero if a wrong regulatory intervention is applied.  Actually the elephant in the room is that Safcom has grown to a be a dominant operator (legalese for exhibiting monopolistic behaviour) and we should address that issue appropriately. The books say Mobile Number Portability would cure the problem - but it did not for Kenya. Am not sure tweaking with the interconnection rates further would solve the problem either.   It may instead drop every Operator's Returns towards Zero...and there is some evidence of this happening if you have been tracking the CCK quarterly reports - the Average Revenue per User/Customer accrued by the Operators has been dropping consistently...and may theoretically reach a point where staying in that line of business is not longer attractive. In short, am not saying status quo is fine - indeed our internet access costs as a % of our average incomes, 50% - is way too high and is internationally considered unaffordable. However, one must carefully consider long term implications of (regulatory) decisions made to the market. Yes, the Regulator must intervene - the debate is really about what is the best intervention in the face of market failure?   walu. --- On Wed, 8/29/12, Kivuva <Kivuva@transworldafrica.com> wrote: From: Kivuva <Kivuva@transworldafrica.com> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 5:54 PM On 29 August 2012 16:13, Walubengo J <jwalu@yahoo.com> wrote: @Edith, Ave been working on some academic model whose preliminary data seems to support Mr. Presidents interventions  i.e. the Telco  market must project significant Returns for the investor to continue playing.  Competition is good but cut-throat competition leaves the industry (Operators, Govt and Users) worse off than before.  Think about it - would you like FREE internet that is so congested that you cannot send an email? Or would you rather pay something extra for the reasonable use of the medium? I beg to differ with you Walu. Safaricom has been making insane profits for the past ten years. INSANE profits at the expense of a consumer. You cannot make 10Billion profit in such a small market then start whining on how the market is tough and prices are depressed, and competition is high. Safaricom ended its 2012 financial year with a NET profit to Sh12.63 billion . If that is not OBSCENELY SIGNIFICANT profit, what is? I read that the government doesn't want to loose the significant DIVIDENTS it gets from Safaricom that's why it's intervening through CCK. For Telkom Kenya, they have to be more innovative and receptive to change if they are to survive. Actually, the government should dispose the remaining 49% stake and stop wasting taxpayers money in bailing the organisation every fiscal year. Going back to Mr. Prime ministers interventions  - of protecting frequencies allegedly irregularly acquired by others.  My model has not factored in frequencies yet - But I think CCK may have a bigger impact on the market by recovering frequencies held up by the Military (there's a band that ITU declared for public use but previous reports indicated our Military seems to hoard this band - not sure if this has changed). As to whether the President's and/or the Prime Ministers interventions are legal? It is debatable. However, I think the current legislative framework - Kenya Comm Amendment Act 2009 - provides for the government in power to direct the Regulator - BUT through Policy frameworks - rather than through specific or selected directives arising from which CEO had dinner with the President/Prime minister the previous night. walu.   --- On Wed, 8/29/12, Edith Adera <eadera@idrc.or.ke> wrote: From: Edith Adera <eadera@idrc.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 1:06 PM Any reactions from Bwana Ndemo, who seems to have received one of the letters?   Is this also the reason why Airtel changed their rates to subscribers from 1 shilling (permanent!! - the word has earned new meaning) back to ksh 3 per minute? No one answered this question when I asked a while back. Airtel, why the change?   As stakeholders, should we accept "regulatory capture" in this industry?   Edith  From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga [ggithaiga@hotmail.com] Sent: Wednesday, August 29, 2012 12:36 AM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Kibaki, Raila meddling stalls CCK actions IN SUMMARY The President’s intervention, which amounts to political meddling in the work of an independent state organ, has for the second time in as many years stopped the industry regulator, the Communications Commission of Kenya (CCK), from lowering the Mobile Termination Rate (MTR). MTR is the price that operators pay each other for calls terminating in their networks from outside and ultimately determines call costs. Mr Kibaki, who has been acting on behalf of Safaricom and Telkom Kenya, issued the directive in a letter to Information permanent secretary Bitange Ndemo, stating that there should be no change in the MTR until a fresh study of the same is carried out. Prime Minister Raila Odinga, jumped into the CCK’s regulatory mandate with a similar directive on behalf of yet another big business – Royal Media Services. Mr Odinga wrote to the CCK director-general asking him to withdraw the notice he had published of intention to revoke frequencies that the media house is accused of acquiring irregularly. http://www.businessdailyafrica.com/Kibaki+Raila+meddling+stalls+CCK+actions+... -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldafr... 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. -- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh www.transworldAfrica.com  | Fluent in computing kenya.or.ke | The Kenya we know -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com 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. -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com 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.

From: Edith Adera <eadera@idrc.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 1:06 PM

Any reactions from Bwana Ndemo, who seems to have received one of the letters?   Is this also the reason why Airtel changed their rates to subscribers from 1 shilling (permanent!! - the word has earned new meaning) back to ksh 3 per minute? No one answered this question when I asked a while back. Airtel, why the change?   As stakeholders, should we accept "regulatory capture" in this industry?

Edith  From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga [ggithaiga@hotmail.com] Sent: Wednesday, August 29, 2012 12:36 AM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Kibaki, Raila meddling stalls CCK actions

IN SUMMARY * The President’s intervention, which amounts to political meddling in the work of an independent state organ, has for the second time in as many years stopped the industry regulator, the Communications Commission of Kenya (CCK), from lowering the Mobile Termination Rate (MTR). * MTR is the price that operators pay each other for calls terminating in their networks from outside and ultimately determines call costs. * Mr Kibaki, who has been acting on behalf of Safaricom and Telkom Kenya, issued the directive in a letter to Information permanent secretary Bitange Ndemo, stating that there should be no change in the MTR until a fresh study of the same is carried out. * Prime Minister Raila Odinga, jumped into the CCK’s regulatory mandate with a similar directive on behalf of yet another big business – Royal Media Services. * Mr Odinga wrote to the CCK director-general asking him to withdraw the notice he had published of intention to revoke frequencies that the media house is accused of acquiring irregularly.

http://www.businessdailyafrica.com/Kibaki+Raila+meddling+stalls+CCK+actions+... -----Inline Attachment Follows-----

_______________________________________________kictanet mailing listkictanet@lists.kictanet.or.kehttps://lists.kictanet.or.ke/mailman/listinfo/kictanetUnsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.comThe 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. _______________________________________________kictanet mailing

Walu,Edith,Listers,   The issue we face now seems to be a challenge facing many democratic governments(right from Canada through US,UK upto Australia) in the 21st century in an era of liberalization and globalization.   Authors Warwick Funnel,Robert Jupe and Jane Andrew in their book "IN GOVERMENT WE TRUST",2009 have outlined these issues and quoted cases . Let me quote just two lines  on pages 48 and 49 of the book. They quote the concerns expressed by Adam Smith about "the tendency for the powerful in business to ingratiate themselves with goverment so that they might pursuade it to use its powers for their own benefit',p48 "....'powerful capital interests could influence state policy to benefit them at the expense of labour'.,p49.   Regarding our Mobile Termination Rate debate, the matter is one of competition law in telecommunications sector. In this case Safaricom has the largest mobile network by far and Telkom has the largest fixed network. So if you wish to call fixed line,there is no choice but to terminate in Telkom.Therefore there is little,if any, competition in the fixed termination market segment.They are virtually a monopoly in that market segment. In nearly similar situation, a very large number of mobile customers are on Safaricom network.If you wish to call them,there is really no choice but to terminate in the Safaricom network. By virtue of their size ,it is not difficult to notice that they have significant market power in that market segment.   It is therefore in the interest of Safaricom and Telkom to keep mobile termination rates as high as possible since there is little or no competitive pressure in that market segment for them.   In almost similar case involving Vodafone and others in UK in January 2003, the Competition Competition concluded that....."There is vigorous competition amomg MNOs(mobile network operators) to attract and sign up subscribers to their networks.......but this is funded by excess returns from termination charges......this 'distorts the volume and direction of traffic on the network,leading to a distorted pattern of usage by consumers'.     John Kariuki From: Walubengo J <jwalu@yahoo.com> To: ngethe.kariuki2007@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, 29 August 2012, 16:13 Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions @Edith, Ave been working on some academic model whose preliminary data seems to support Mr. Presidents interventions  i.e. the Telco  market must project significant Returns for the investor to continue playing.  Competition is good but cut-throat competition leaves the industry (Operators, Govt and Users) worse off than before.  Think about it - would you like FREE internet that is so congested that you cannot send an email? Or would you rather pay something extra for the reasonable use of the medium? Going back to Mr. Prime ministers interventions  - of protecting frequencies allegedly irregularly acquired by others.  My model has not factored in frequencies yet - But I think CCK may have a bigger impact on the market by recovering frequencies held up by the Military (there's a band that ITU declared for public use but previous reports indicated our Military seems to hoard this band - not sure if this has changed). As to whether the President's and/or the Prime Ministers interventions are legal? It is debatable. However, I think the current legislative framework - Kenya Comm Amendment Act 2009 - provides for the government in power to direct the Regulator - BUT through Policy frameworks - rather than through specific or selected directives arising from which CEO had dinner with the President/Prime minister the previous night. walu.   --- On Wed, 8/29/12, Edith Adera <eadera@idrc.or.ke> wrote: listkictanet@lists.kictanet.or.kehttps://lists.kictanet.or.ke/mailman/listinfo/kictanetUnsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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.

In my view, the issue of mobile termination rates and the dominance Safaricom and Telkom in their respective sectors are separate issues and must be dealt with as such. The objective of lowering of the MTR might be to improve consumer welfare but this must be weighed against its detrimental impact on the telcos. As other listers have pointed out, of what use would rock bottom prices be where the resultant effect is deterioration of services or collapse of the providers. In fact, lowering of these MTR can be viewed as anticompetitive predatory pricing which is ultimately bad for the consumer. The issue of dominance by Safaricom and Telkom is one which would be better handled though the Competition Act. If it can be shown that they are abusing their dominance with prices that are unfair, then the Competition Authority has jurisdiction to impose appropriate penalties. Regards, Harry Karanja Sent from my iPad On Aug 29, 2012, at 6:32 PM, John Kariuki <ngethe.kariuki2007@yahoo.co.uk> wrote:

Walu,Edith,Listers,

The issue we face now seems to be a challenge facing many democratic governments(right from Canada through US,UK upto Australia) in the 21st century in an era of liberalization and globalization.

Authors Warwick Funnel,Robert Jupe and Jane Andrew in their book "IN GOVERMENT WE TRUST",2009 have outlined these issues and quoted cases . Let me quote just two lines on pages 48 and 49 of the book. They quote the concerns expressed by Adam Smith about "the tendency for the powerful in business to ingratiate themselves with goverment so that they might pursuade it to use its powers for their own benefit',p48 "....'powerful capital interests could influence state policy to benefit them at the expense of labour'.,p49.

Regarding our Mobile Termination Rate debate, the matter is one of competition law in telecommunications sector. In this case Safaricom has the largest mobile network by far and Telkom has the largest fixed network. So if you wish to call fixed line,there is no choice but to terminate in Telkom.Therefore there is little,if any, competition in the fixed termination market segment.They are virtually a monopoly in that market segment. In nearly similar situation, a very large number of mobile customers are on Safaricom network.If you wish to call them,there is really no choice but to terminate in the Safaricom network. By virtue of their size ,it is not difficult to notice that they have significant market power in that market segment.

It is therefore in the interest of Safaricom and Telkom to keep mobile termination rates as high as possible since there is little or no competitive pressure in that market segment for them.

In almost similar case involving Vodafone and others in UK in January 2003, the Competition Competition concluded that....."There is vigorous competition amomg MNOs(mobile network operators) to attract and sign up subscribers to their networks.......but this is funded by excess returns from termination charges......this 'distorts the volume and direction of traffic on the network,leading to a distorted pattern of usage by consumers'.

John Kariuki

From: Walubengo J <jwalu@yahoo.com> To: ngethe.kariuki2007@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, 29 August 2012, 16:13 Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions @Edith,

Ave been working on some academic model whose preliminary data seems to support Mr. Presidents interventions i.e. the Telco market must project significant Returns for the investor to continue playing. Competition is good but cut-throat competition leaves the industry (Operators, Govt and Users) worse off than before. Think about it - would you like FREE internet that is so congested that you cannot send an email? Or would you rather pay something extra for the reasonable use of the medium?

Going back to Mr. Prime ministers interventions - of protecting frequencies allegedly irregularly acquired by others. My model has not factored in frequencies yet - But I think CCK may have a bigger impact on the market by recovering frequencies held up by the Military (there's a band that ITU declared for public use but previous reports indicated our Military seems to hoard this band - not sure if this has changed).

As to whether the President's and/or the Prime Ministers interventions are legal? It is debatable. However, I think the current legislative framework - Kenya Comm Amendment Act 2009 - provides for the government in power to direct the Regulator - BUT through Policy frameworks - rather than through specific or selected directives arising from which CEO had dinner with the President/Prime minister the previous night.

walu.

--- On Wed, 8/29/12, Edith Adera <eadera@idrc.or.ke> wrote:

From: Edith Adera <eadera@idrc.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 1:06 PM

Any reactions from Bwana Ndemo, who seems to have received one of the letters?

Is this also the reason why Airtel changed their rates to subscribers from 1 shilling (permanent!! - the word has earned new meaning) back to ksh 3 per minute? No one answered this question when I asked a while back. Airtel, why the change?

As stakeholders, should we accept "regulatory capture" in this industry?

Edith From: kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga [ggithaiga@hotmail.com] Sent: Wednesday, August 29, 2012 12:36 AM To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Kibaki, Raila meddling stalls CCK actions IN SUMMARY The President’s intervention, which amounts to political meddling in the work of an independent state organ, has for the second time in as many years stopped the industry regulator, the Communications Commission of Kenya (CCK), from lowering the Mobile Termination Rate (MTR). MTR is the price that operators pay each other for calls terminating in their networks from outside and ultimately determines call costs. Mr Kibaki, who has been acting on behalf of Safaricom and Telkom Kenya, issued the directive in a letter to Information permanent secretary Bitange Ndemo, stating that there should be no change in the MTR until a fresh study of the same is carried out. Prime Minister Raila Odinga, jumped into the CCK’s regulatory mandate with a similar directive on behalf of yet another big business – Royal Media Services. Mr Odinga wrote to the CCK director-general asking him to withdraw the notice he had published of intention to revoke frequencies that the media house is accused of acquiring irregularly.

http://www.businessdailyafrica.com/Kibaki+Raila+meddling+stalls+CCK+actions+...

-----Inline Attachment Follows-----

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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.

MNOs are in this for the money. We must never forget that. That they offer a social/economic good in the process is a consequence of their business not the inspiration for it. This is why none but Safaricom thought it was a good idea to put up a 3G network in a pitifully poor country. Safaricom earned their dominance but they still must be controlled by government. I believe the same happened to Microsoft in the US when they grew too big they had to sell a stake to the government. I would rather trust the government than a private firm out to make profit. Attempting to divorce politics from reality is foolhardy and will not work. Show me a completely independent body anywhere in the west ,east south or north of the planet. Just one. On Thu, Aug 30, 2012 at 8:00 AM, Ali Hussein <ali@hussein.me.ke> wrote:

John

Well put. Let me add my two cents here.

The fact that we are discussing these very pertinent issues goes to show how far we have come as a country. And we should never take that for granted.

Washington, sometimes desktop activism as you put it actually does work. Cases in point:-

1. The very lively debate on Internet Governance and ITRs that culminated in the IGFs that are now framing our positions prior to the Dubai WCIT in December.

2. The Corporate Governance debate on KeNIC that resulted in an open AGM and hopefully progress in reenergizing the Organisation.

I'm sure there are other examples so don't despair as I believe the space is now open for Kenyams to provide concrete contributions for the betterment of our sector and the country at large.

Back to the issue of the Telco sector. I honestly think that the problem lies mostly with the telcos themselves and not the regulator/Executive.

One contributor mentioned the issue of Safaricom being the dominant player and engaging in monopolistic behavior. How did this happen? I recall a time when Airtel/Celtel/Zain had more subscribers or equal to Safaricom's. What happened?

At the risk of sounding simplistic Telco services are now generic which basically means that what differentiates is the value addition, customer service and marketing. And let's not forget Data. More than half the country is still not experiencing high speed Internet - what we now take for granted in Nairobi.

Towards the end of Ramadhan I visited my home county of Kilifi as is our tradition to break the fast with the wazees. I found it very frustrating that the Internet speeds I've now come to take for granted in Nairobi were non existent in the counties - at least in Kilifi. I'm willing to bet that this is true in the majority of the counties.

This leads me to start thinking why are the Telcos not picking up these low hanging fruits? Could it be that they are so intent on competing with each other they have become myopic? I know one of the reasons that they may raise is the huge investment required to ensure this type of service. However, how many telcos right now are willing to co-invest in the infrastructure required? All we hear is this individual telco/ISP announcing another infrastructure investment.

In my opinion this discussion on executive interference at the CCK is a red herring. It does not detract from the fact that sone of the Telcos and ISPs business models are broken and it's just a matter of time before they drown in red ink.

Telcos/ISPs need to understand and embrace the concept of 'Frenemy'. Join forces and invest together in infrastructure and compete on service differentiation.

Ali Hussein

+254 773/713 601113

Sent from my iPhone®

On Aug 29, 2012, at 6:32 PM, John Kariuki <ngethe.kariuki2007@yahoo.co.uk> wrote:

Walu,Edith,Listers,

The issue we face now seems to be a challenge facing many democratic governments(right from Canada through US,UK upto Australia) in the 21st century in an era of liberalization and globalization.

Authors Warwick Funnel,Robert Jupe and Jane Andrew in their book "IN GOVERMENT WE TRUST",2009 have outlined these issues and quoted cases . Let me quote just two lines on pages 48 and 49 of the book. They quote the concerns expressed by Adam Smith about "the tendency for the powerful in business to ingratiate themselves with goverment so that they might pursuade it to use its powers for their own benefit',p48 "....'powerful capital interests could influence state policy to benefit them at the expense of labour'.,p49.

Regarding our Mobile Termination Rate debate, the matter is one of competition law in telecommunications sector. In this case Safaricom has the largest mobile network by far and Telkom has the largest fixed network. So if you wish to call fixed line,there is no choice but to terminate in Telkom.Therefore there is little,if any, competition in the fixed termination market segment.They are virtually a monopoly in that market segment. In nearly similar situation, a very large number of mobile customers are on Safaricom network.If you wish to call them,there is really no choice but to terminate in the Safaricom network. By virtue of their size ,it is not difficult to notice that they have significant market power in that market segment.

It is therefore in the interest of Safaricom and Telkom to keep mobile termination rates as high as possible since there is little or no competitive pressure in that market segment for them.

In almost similar case involving Vodafone and others in UK in January 2003, the Competition Competition concluded that....."There is vigorous competition amomg MNOs(mobile network operators) to attract and sign up subscribers to their networks.......but this is funded by excess returns from termination charges......this 'distorts the volume and direction of traffic on the network,leading to a distorted pattern of usage by consumers'.

John Kariuki

*From:* Walubengo J <jwalu@yahoo.com> *To:* ngethe.kariuki2007@yahoo.co.uk *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Wednesday, 29 August 2012, 16:13 *Subject:* Re: [kictanet] Kibaki, Raila meddling stalls CCK actions ** @Edith,

Ave been working on some academic model whose preliminary data seems to support Mr. Presidents interventions i.e. the Telco market must project significant Returns for the investor to continue playing. Competition is good but cut-throat competition leaves the industry (Operators, Govt and Users) worse off than before. Think about it - would you like FREE internet that is so congested that you cannot send an email? Or would you rather pay something extra for the reasonable use of the medium?

Going back to Mr. Prime ministers interventions - of protecting frequencies allegedly irregularly acquired by others. My model has not factored in frequencies yet - But I think CCK may have a bigger impact on the market by recovering frequencies held up by the Military (there's a band that ITU declared for public use but previous reports indicated our Military seems to hoard this band - not sure if this has changed).

As to whether the President's and/or the Prime Ministers interventions are legal? It is debatable. However, I think the current legislative framework - Kenya Comm Amendment Act 2009 - provides for the government in power to direct the Regulator - BUT through Policy frameworks - rather than through specific or selected directives arising from which CEO had dinner with the President/Prime minister the previous night.

walu.

--- On *Wed, 8/29/12, Edith Adera <eadera@idrc.or.ke>* wrote:

From: Edith Adera <eadera@idrc.or.ke> Subject: Re: [kictanet] Kibaki, Raila meddling stalls CCK actions To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, August 29, 2012, 1:06 PM

Any reactions from Bwana Ndemo, who seems to have received one of the letters?

Is this also the reason why Airtel changed their rates to subscribers from 1 shilling (permanent!! - the word has earned new meaning) back to ksh 3 per minute? No one answered this question when I asked a while back. Airtel, why the change?

As stakeholders, should we accept "regulatory capture" in this industry?

Edith *From:* kictanet [kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga [ggithaiga@hotmail.com] *Sent:* Wednesday, August 29, 2012 12:36 AM *To:* Edith Adera *Cc:* KICTAnet ICT Policy Discussions *Subject:* [kictanet] Kibaki, Raila meddling stalls CCK actions ** IN SUMMARY

- The President’s intervention, which amounts to political meddling in the work of an independent state organ, has for the second time in as many years stopped the industry regulator, the Communications Commission of Kenya (CCK), from lowering the Mobile Termination Rate (MTR). - MTR is the price that operators pay each other for calls terminating in their networks from outside and ultimately determines call costs. - Mr Kibaki, who has been acting on behalf of Safaricom and Telkom Kenya, issued the directive in a letter to Information permanent secretary Bitange Ndemo, stating that there should be no change in the MTR until a fresh study of the same is carried out. - Prime Minister Raila Odinga, jumped into the CCK’s regulatory mandate with a similar directive on behalf of yet another big business – Royal Media Services. - Mr Odinga wrote to the CCK director-general asking him to withdraw the notice he had published of intention to revoke frequencies that the media house is accused of acquiring irregularly.

http://www.businessdailyafrica.com/Kibaki+Raila+meddling+stalls+CCK+actions+...

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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.

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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.

-- Regards, Mark Mwangi markmwangi.me.ke