Re: [kictanet] It's a new twist for Econet Wireless
Dear Mr. Theuri, Whereas you may be having more information than we do, it may be prudent for you to spill out the beans for the world to know. It is pointless to implicate the Government if you cannot substantiate your claims. We have gone through all these motions for the past one year and the best way forward was to remove government from any possible liability. Remember we accepted $15 million deposit for the licence fee (whether this was right or wrong it is water under the bridge). Even if we were to refund this at normal interest rates, it is a lot of money to the tax payer. One way or another, we had to make a decision since this matter is more of regulatory than policy. If indeed there is injustice to the whole matter, the courts will deny Econet from getting to set up in Kenya. Nobody has stopped KNFC from pursuing justice. One thing that I have learnt in this office is that you cannot be indicisive and hope to achieve anything. I have always used Thika road as the best analogy. In as much as the users are suffering with traffic jams, they usually do not think the same if the Government wanted to make it a six lane highway in both sides, still there will be protesters who will say pedestrians crossing will have a problem or the goat keepers at Utalii will claim lost business. Once in a situation and you want to move on, the most prudent thing you do is to make a decision (good or bad). Have a decive day. Regards Bitange Ndemo.
One cannot envy the PS for he is in a difficult situation trying to extricate the government from a situation which would never have occurred had those responsible (long before the tender concluded) abided by the law and struck out the litigant based on publicly and widely available information during the pre-qualification stage of the tender. Even though some might disagree, two wrongs do not make a right, and history no matter how long it takes to get there will be the judge of this government's actions. As was the case, while the Government was fighting the litigant in Kenyan courts, a different arm of the Government was bizarrely engaged in a PR campaign on behalf of the litigant in a foreign country! Was the litigation in Kenya a mere public relations exercise to show Kenyans that the government tried to do something so that Kenyans could mistakenly conclude that atleast the government 'fought tooth and nail' ?
The government cannot claim to know it did not know what kind of 'animal' it was dealing with when it allowed the litigant to get past pre-qualification while international telecom giants with more experience, cash and
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--- bitange@jambo.co.ke wrote:
Dear Mr. Theuri, Whereas you may be having more information than we do, it may be prudent for you to spill out the beans for the world to know. It is pointless to implicate the Government if you cannot substantiate your claims.
Dear Dr. Ndemo, this is anti Freedom of Information and Expression, reminiscent of dark KANU days "Mtu ingine inasemasema serikali ...." "A basic principle behind most freedom of information legislation is that the burden of proof falls on the body asked for information, not the person asking for it. The requester does not usually have to give an explanation for their request, but if the information is not disclosed a valid reason has to be given." http://en.wikipedia.org/wiki/Freedom_of_Information_Act The onus is on the government to prove propriety in their action, NOT to ask the person seeking the information to substantiate, given the vast government machinery and that whatever government "disclosure" is made is usually inspected for "correctness". I fear the government will continue treating individul citizen's request for information like "responding to a mosquito bite with a canon fire." We need FOIA that compels every PS to disclose, not to suppress citizen's access to information right. ____________________________________________________________________________________ Take the Internet to Go: Yahoo!Go puts the Internet in your pocket: mail, news, photos & more. http://mobile.yahoo.com/go?refer=1GNXIC
Dear Alex, You completely misunderstood my words. Mr. Theuri was not seeking for information. He already has information that seems to implicate the Government. Even with FOI I will not produce that which I do not have. Asante. Regards Ndemo.
--- bitange@jambo.co.ke wrote:
Dear Mr. Theuri, Whereas you may be having more information than we do, it may be prudent for you to spill out the beans for the world to know. It is pointless to implicate the Government if you cannot substantiate your claims.
Dear Dr. Ndemo, this is anti Freedom of Information and Expression, reminiscent of dark KANU days "Mtu ingine inasemasema serikali ...."
"A basic principle behind most freedom of information legislation is that the burden of proof falls on the body asked for information, not the person asking for it. The requester does not usually have to give an explanation for their request, but if the information is not disclosed a valid reason has to be given."
http://en.wikipedia.org/wiki/Freedom_of_Information_Act
The onus is on the government to prove propriety in their action, NOT to ask the person seeking the information to substantiate, given the vast government machinery and that whatever government "disclosure" is made is usually inspected for "correctness".
I fear the government will continue treating individul citizen's request for information like "responding to a mosquito bite with a canon fire."
We need FOIA that compels every PS to disclose, not to suppress citizen's access to information right.
____________________________________________________________________________________ Take the Internet to Go: Yahoo!Go puts the Internet in your pocket: mail, news, photos & more. http://mobile.yahoo.com/go?refer=1GNXIC
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Alex/Dr. Ndemo, I believe the FOI would be a useful tool in helping unravel the mystery even across governmental departments. As much I would want to, I do not have all the information. Indeed if the regulator would open up the pre-qualification documents to an FOI request it would tell us and confirm for all if the foreign entity misrepresented and misled the regulator as to its claimed operations, subscriber base, reputation and turnover by comparing these to its audited reports from the UK and any other countries in which it operates or is registered. Secondly I reffered to a treasury report written by some of the Goverment's technocrats that then Finance Minister Chris Okemo reffered to in denying Econet a chance to buy into Telkom Kenya ought to be a report the public ought to see through FOI. Thirdly, we would be able to determine from redacted documents what taxpayer funded institutions such as KACC were investigating before they were abruptly stopped from continuing with their lawful duties and who in the Government handed down these instructions. Regards, Mike Theuri On 7/30/07, bitange@jambo.co.ke <bitange@jambo.co.ke> wrote:
Dear Alex, You completely misunderstood my words. Mr. Theuri was not seeking for information. He already has information that seems to implicate the Government. Even with FOI I will not produce that which I do not have.
Asante.
Regards
Ndemo.
Shame on you! architects responsible for ugly web entry http://en.wikipedia.org/wiki/Goldenberg_scandal All media please help educate Kenyans to vote out all these tired, old-school corrupt types next December! Does shs 48 billion revenues/year rings a bell? If Goldenberg warranted a public inquiry, why not an Econet inquiry? If the company is proven to be a continental con, then not only will tax payers money be protected but those implicated can be sentenced to jail. No more filling your glasses and dining on our sweat. Wacheni Mali Yetu! --- Mike Theuri <mike.theuri@gmail.com> wrote:
Alex/Dr. Ndemo,
I believe the FOI would be a useful tool in helping unravel the mystery even across governmental departments. As much I would want to, I do not have all the information. Indeed if the regulator would open up the pre-qualification documents to an FOI request it would tell us and confirm for all if the foreign entity misrepresented and misled the regulator as to its claimed operations, subscriber base, reputation and turnover by comparing these to its audited reports from the UK and any other countries in which it operates or is registered.
Secondly I reffered to a treasury report written by some of the Goverment's technocrats that then Finance Minister Chris Okemo reffered to in denying Econet a chance to buy into Telkom Kenya ought to be a report the public ought to see through FOI.
Thirdly, we would be able to determine from redacted documents what taxpayer funded institutions such as KACC were investigating before they were abruptly stopped from continuing with their lawful duties and who in the Government handed down these instructions.
Regards,
Mike Theuri
On 7/30/07, bitange@jambo.co.ke <bitange@jambo.co.ke> wrote:
Dear Alex, You completely misunderstood my words. Mr. Theuri was not seeking for information. He already has information that seems to implicate the Government. Even with FOI I will not produce that which I do not have.
Asante.
Regards
Ndemo.
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FYI. Technology The Outsourcing Upstarts; Parts of Eastern Europe, Africa, and the Middle East are vying to become new offshoring hubs -- and nudging aside established players Rachael King 1467 words 31 July 2007 BusinessWeek Online English Copyright 2007 McGraw-Hill, Inc. In 2000, when employment-screening service provider HireRight was looking for a low-cost locale for software development, the Irvine [Calif.] company turned to an unlikely destination: Estonia. The Baltic nation hasn't traditionally been thought of as a hotbed of tech talent, but it presented HireRight with a pool of well-educated, tech-savvy workers; a modern telecommunications infrastructure; and costs that were 2.5 to 3 times lower than they'd find in the U.S. "It's very easy to do business in Estonia. We didn't have any roadblocks at all," says Stefano Malnati, vice-president for engineering at HireRight. The secret's out. Estonia has become a target of several other companies hoping to take operations offshore at the right price. In October, 2006, Internet calling company Skype opened an office in Estonia's capital city, Tallinn, now home to the largest office of eBay (EBAY) subsidiary Skype Worldwide. Estonia has become such an attractive destination that this year it made its debut at No. 15 on A.T. Kearney's list of the top 50 global offshore outsourcing locations, beating out more established countries such as Russia, Argentina, and Canada. Very Competitive Market Estonia is just one of many countries learning from the example set by India, which remains the top outsourcing destination on A.T. Kearney's list, and the country is eager to carve out a piece of the bulging market for offshore outsourcing services. The global market for shared services and outsourcing is expected to grow to $1.43 trillion by the end of 2009, from $930 billion in 2006, according to a report released this month by consultancy Frost & Sullivan. Globally, companies spent about $233 billion on IT outsourcing in 2006. Offshoring upstarts are making so many inroads, in fact, that by 2012, they'll significantly dilute India's dominance, says consultancy Gartner (IT). The consulting firm says that by 2010 about 30% of Fortune 500 enterprises will outsource to three or more countries, from less than 10% today. "So many governments have realized what an opportunity this is and there's a lot of effort being spent in promoting their countries to the market," says Johan Gott, manager of A.T. Kearney's Global Services Location Index. The jockeying has become so intense, and the field so wide, that the big challenge facing many new entrants isn't just getting established as an offshoring hub but hanging onto that distinction. Since 2005, when A.T. Kearney last compiled its list, it has added 10 new countries, including Latvia, Uruguay, Mauritius, Lithuania, Sri Lanka, Pakistan, Morocco, Senegal, and Ukraine. Four of those countries ranked in the top 25 in the 2007 list, released in March. Lowering the Bottom Line Becoming and remaining an attractive outsourcing location depends on a number of factors, including language and education skills and the reliability of a nation's telecommunications infrastructure. At the heart of most outsourcing deals, though, is lower cost. So when A.T. Kearney puts together its list, it gives a 40% weighting to the financial attractiveness of a country, taking into account the cost of wages, infrastructure, and taxes. Vietnam and Pakistan, for instance, are even more financially attractive than India, according to A.T. Kearney. Conversely, high costs are the primary reason that countries including Ireland, the U.S., and Canada are slipping in the rankings. In fact, the recent appreciation of certain foreign currencies in relation to the U.S. dollar has begun to affect corporate decisions to outsource or set up their own operations in certain countries. U.S. companies have long outsourced work to Canada, where they've enjoyed a similar business environment along with a 20% reduction in labor costs because of the exchange rate. But the appreciation of the Canadian dollar has wiped out most of those savings and some U.S. companies are wondering why they should go to Canada if they can get the same thing locally without having to cross a border, says A.T. Kearney's Gott. Besides costs, considerations include the education and language skills of workers, the availability of labor, and attrition risk. A country's economic and political environment and the quality of its infrastructure also factor into outsourcing decisions. Some emerging countries may not appeal to U.S. companies as outsourcing destinations but may find markets in other parts of the world. For instance, the appeal of Pakistan's IT workforce of 90,000 people has been overshadowed by post-September 11 security concerns. "It's fallen off the radar screen of U.S. buyers," says Frances Karamouzis, vice-president for research at Gartner. Other analysts say there is still a market for Pakistan's services in the Middle East. And countries such as Senegal and Morocco are becoming attractive places for French-language call-center outsourcing for Francophone Europe. Infrastructure Is Key HireRight found it easy to do business in Estonia in part because of its political and economic environment, as well as its infrastructure and cultural affinity. Estonia has invested significant resources in improving its technology infrastructure since it gained independence from the Soviet Union in 1991. During the late '90s, the country began modernizing its telecommunications infrastructure and providing Internet access and computer labs for schools. Estonia's Baltic neighbors, Latvia and Lithuania, also former members of the USSR, have undertaken similar initiatives. Since the late '90s, there's been a conscious effort on the part of all three governments to use technology to transform economies, according to research from VTT Technical Research Centre of Finland. "Most countries were trying to attract tourism and build a manufacturing economy, but locations like India have shown them that you can have a vibrant services economy that is more vibrant than a manufacturing economy," says Atul Vashistha, chief executive of management consultancy NeoIT.com and co-author of the book The Offshore Nation. Building a vibrant services economy, though, often takes buy-in from the government. India, for instance, knew it needed to overcome cumbersome government policies and procedures and poor communications infrastructure to become a successful outsourcing destination [see BusinessWeek.com, 3/19/07, "The Trouble with India"]. In 1991, it created an autonomous agency known as the Software Technology Parks of India under the Ministry of Communication & Information Technology. The agency helps provide the technology infrastructure for companies that want to do business in India and serves as a liaison between government and industry. It also helps provide tax breaks and other incentives for doing business in India. Kenya's TEAMS Government support is crucial, given the significant investment in communications systems and liberalization of the telecom sector. Kenya, for instance, is trying to become a destination for business process and IT outsourcing. The Kenyan government has worked in recent years to liberalize its telecom sector, which has lured more operators and helped drive telecom services prices down by 70% in a short time, according to the World Bank. Yet the country relies on satellite connections to link to the rest of the world. That makes it costly for outsourcers to do business. "Lack of high-capacity bandwidth connectivity has limited Kenya from exploiting its full potential," Mutahi Kagwe, Kenya's Minister for Information & Communications, said in a July speech at the Kenya College of Communications Technology. So Kenya's government has collaborated with the United Arab Emirates to install The East African Marine Systems [TEAMS], a submarine cable from Mombasa to Fujairah in the UAE that will give Kenya affordable high-capacity bandwidth. Kenya will need to address not only telecom issues but also the readiness of its labor force. "If I wanted to have 150 people there tomorrow, it would take six or seven months to hire that amount of skilled people with business acumen," says Gartner's Karamouzis. In many of these emerging outsourcing countries, the lack of available labor could eventually hinder growth. In fact, that's one of the challenges facing HireRight in Estonia. "The talent pool is not very big," says HireRight's Malnati, who says that HireRight now sees more competitors for talent. Yet, instead of pulling up stakes and moving to another destination, HireRight is trying to maintain its low attrition rates by giving Estonian employees incentives such as inviting them to spend time at its headquarters in Irvine. A winter trip from frigid Tallinn to sunny Southern California, Malnati says, can do wonders for employee retention. And the interest from more companies like HireRight may even boost Estonia a few rungs in the outsourcing rankings. ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
Dear Dr. Bitange, Thank you for your candid response and dialogue. I disagree that I am in effect spilling any beans. The information being shared is in possession of the Government, the regulator, KACC, courts in various jurisdictions and covered in numerous publications across the world. These are public domain sources and some of these documents have been provided in many different courts by none other than Econet and the regulator. In case my liberal sharing has been misunderstood, the information I have shared revolves around the infamous litigant, Econet, any information that touches on the Government is a result of being willingly or unwillingly mired in the scandal and highlights the danger of the Government crossing the line of being an impartial party and becoming complicit by extension in the actions of the foreign entity. The documents and facts speak for themselves and I believe there is a pending matter in court against the regulator over the failure to respond appropriately to an objection to the licence as required by law. Such are the endless consequences that will potentially continue to haunt the government if the right decision is not carried out. My humble opinion is that for the sake of integrity and faith in future tendering and so as to attract companies that will not disappoint, that the regulator seek to conduct proper and thorough due diligence so that Kenyans and the GoK are not in essence defrauded or deprived of revenue by certain foreign companies out to make quick dollars from Kenyans. Involving the World Bank and the ITU in an advisory role for future tenders would also help prevent future mishandling and tendering mishaps and lend credibility to the tender. The GoK and the hard working people of Kenya are the unwitting victims of machinations and trickery by this foreign entity. Succumbing to the whims and wishes of this entity (including aiding in the disenfranchisement of Kenyans and awarding the licence to a stranger) is not the only way to handle the matter. It is apparent that the funds were paid into Citibank - Nairobi, Citibank ought to have been paying market rate interest on the funds, thus the interest burden need not be passed onto the taxpayer as a result of any decision to refund the payment. Indeed the $1.3 million bid bond which was supposed to be forfeited by law upon failure to pay ought to defray any additional costs. The government has several legal avenues and I am not convinced that all administrative measures by the regulator have been exhausted. The fact that Econet failed to abide with a 60 day payment deadline (the tender rules demand payment in full, so does the ACEC Act which cites an Economic Crime as seeking or obtaining an abatement or exemption from making payments due to a public body), failed to maintain the nature of its consortium, misrepresented facts to the regulator prior to the tender, throughout the tender and after the tender, told falsehoods to the Kenyan public through full page advertisements (eg US$300m market cap in the Zimbabwe stock exchange) are more than sufficient reasons to cancel and retender or in the alternate allow other bidders to step up to the plate which could result in a bigger windfall for the exchequer and the Kenyan public. The greatest injustice here would not only be the disenfranchisement of KNFC from the licence but the apparent failure by the regulator and GoK to combat the apparent and glaring gross misrepresentations, deceit and fraud by the foreign entity. The GoK has a duty on behalf of the nation to combat entities that seek to mislead the Kenyan people. The GoK and the people may be fatigued of the quest to do the right and correct thing but this is not the time to falter and give in to the foreigners unmerited demands. Indeed a decision needs to be made, but why not the right decision to cancel based on the numerous violations of tendering procedures or setting the condition that the consortium must retain its original composition per the tender rules in order to have a way forward? The fact that these violations and misrepresentations occurred do not entitle the entity to any refund beyond the principle amount that was paid. An analogy is the acquisition of a Kenyan passport by a foreigner under false pretences, the fact that they have the passport and are a 'citizen' does not mean both cannot be revoked on the basis of the false pretences. Indeed the regulator set a precedent on January 27th 2007 when it cancelled the SNO tender offer to VTel for the very similar reasons that plague the foreign entity's consortium and extended the offer to Reliance. However since it is apparent that the entity violated several tendering and public procurement requirements these reasons alone should supersede cancellation based on the wrangles.The should act consistently so as to maintain parity in carrying out its duties. Let us not rush to be decisive when it is apparent that there is useful and extensive evidence that the Government could use to justify cancelling the award to the foreigners and holding them accountable to the Kenyan people for damages sustained as a result of their inability to meet the tender requirements. All the best. Regards, Mike Theuri On 7/30/07, bitange@jambo.co.ke <bitange@jambo.co.ke> wrote:
Dear Mr. Theuri, Whereas you may be having more information than we do, it may be prudent for you to spill out the beans for the world to know. It is pointless to implicate the Government if you cannot substantiate your claims.
We have gone through all these motions for the past one year and the best way forward was to remove government from any possible liability. Remember we accepted $15 million deposit for the licence fee (whether this was right or wrong it is water under the bridge). Even if we were to refund this at normal interest rates, it is a lot of money to the tax payer. One way or another, we had to make a decision since this matter is more of regulatory than policy.
If indeed there is injustice to the whole matter, the courts will deny Econet from getting to set up in Kenya. Nobody has stopped KNFC from pursuing justice.
One thing that I have learnt in this office is that you cannot be indicisive and hope to achieve anything. I have always used Thika road as the best analogy. In as much as the users are suffering with traffic jams, they usually do not think the same if the Government wanted to make it a six lane highway in both sides, still there will be protesters who will say pedestrians crossing will have a problem or the goat keepers at Utalii will claim lost business. Once in a situation and you want to move on, the most prudent thing you do is to make a decision (good or bad).
Have a decive day.
Regards
Bitange Ndemo.
participants (3)
-
Alex Gakuru
-
bitange@jambo.co.ke
-
Mike Theuri