Walu, , Listers, Victor is right . The spirit of the law is very clear. CAK has even shielded further by ensuring that they are not funded by the exchequer. The drafters of KICA right from 1998 were very clear on this "in order to create investor confidence that licensing will not be at the whims of particular interests". In any case nearly all technologies have inherent risk.That is why INSURANCE INDUSTRY thrives. I would love to meet experts who know of a risk free technology!  John Kariuki Sent from Samsung Mobile -------- Original message -------- From: Walubengo J via kictanet <kictanet@lists.kictanet.or.ke> Date: To: ngethe.kariuki2007@yahoo.co.uk Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout @Victor, Completely agree....but as they say money can get another lawyer to script an equally convincing submission - but for parliamentary intervention (the law is an ass?) Some said we have had judicial activism and now we seem to  experiencing parliamentary activism. The interesting part is that Equity is the only guy in town who can stare at Safaricom anywhere anytime. Be it at the Regulator, in  Parliament, in Court, in Statehouse, or in Mars. I will wear my helmet because it does look like it might get bloody sooner than I thought :-) walu. -------------------------------------------- On Wed, 9/24/14, Victor Kapiyo via kictanet <kictanet@lists.kictanet.or.ke> wrote: Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout To: jwalu@yahoo.com Date: Wednesday, September 24, 2014, 6:07 PM My reading of this is that Parliament when drafting S. 5A of KICA was very clear in its intention to give CAK independence and shield it from influence from government, political or commercial interests in the exercise of its powers and in the performance of its functions. The influence referred to in S. 5A also includes influence of Parliament or its committees (and whichever other interest is pulling strings in the committee). Such that the committee cannot lawfully direct CAK to halt the process, or halt the process itself especially on a matter which the law clearly states that is within CAKs mandate.  Can Parliament request, yes.  Is this a request? That's debatable and will depend on a good reading of the communication from the committee to CAK. And as such the press report maybe misleading.  The question of sovereignty, while is material is irrelevant to the extent that the same Parliament has already drafted laws empowering CAK to act independently. Nothing stops Parliament or any Kenyan from questioning decisions of CAK, which ideally can always be done in a court of law or in the court of public opinion, depending on the level of interest.  Parliamentary committees also need to understand that there is a limit to their powers under the Constitution and Standing orders, and should guard against acting ultra vires.  My advise to CAK and Parliament is to read the law and follow it - Which in effect means to act independently. Victor Victor Kapiyo, LL.B ==================================================== “Your attitude, not your aptitude, will determine your altitude” Zig Ziglar On 24 September 2014 15:38, Consumers Federation of Kenya (COFEK) via kictanet <kictanet@lists.kictanet.or.ke> wrote: Dear Victor, They DO!! It is obviously a fallacy that non-technical people make decisions on technical issues. But we are not a banana republic – at least on paper. If you read Art.1(2) of the Constitution – those characters hold enormous powers. They make the law for regulator in line with Art.34 (recall CA is not a Chapter 15 Commission and “independence” is limited).  “The people may exercise their sovereign power either directly or through their “democratically” elected representatives” Art. 1(3)(a) says sovereign power is delegated …. To Parliament and the legislative assemblies in the County Governments. Also read Art. 95 and 96 and so on” Kind regards,Stephen  Stephen MutoroSecretary GeneralConsumers Federation of Kenya (COFEK)Rehema Place, Block F-45Ngong Road/Ring Rd Kilimani JunctionP.O Box 28053-00200, City Square, NAIROBI, Kenya Tel. 254-20-2615496, 2300859 Fax. 254-20-3861719; Cell phones: 0715555550, 0770700007E-mail: hotline@cofek.co.keWebsite: www.cofek.co.keFacebook: "Consumers Federation of Kenya (Cofek)" Twitter: @ConsumersKenya YouTube: "ConsumersKenya" 13th December 2012 -  President Kibaki assents to the Consumer Protection Act, 2012 Read it here: http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf   From: kictanet [mailto:kictanet-bounces+hotline=cofek.co.ke@lists.kictanet.or.ke] On Behalf Of Victor bwire via kictanet Sent: Wednesday, September 24, 2014 5:22 PM To: The Consumers Federation of Kenya (Cofek) Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout Dear Grace  the House Team has no supervisory powers over the Regulator- Not at all Just that MPs have become terrible regards Victor On Wed, Sep 24, 2014 at 4:47 PM, Grace Githaiga via kictanet <kictanet@lists.kictanet.or.ke> wrote:@ Victor,  The heading  of this article says the 'house team halts..." while  the body of the story has "has asked CA to halt..." It might be semantics but my interpretation of this is that this is a request to CA, and not a directive. Yes? Tell me, does the house team have oversight over regulatory matters? I am looking at KICA 2013 Article 5 on CA's independence: 5A. (1) The Authority shall be independentand free of control by government, political orcommercial interests in the exercise of itspowers and in the performance of its functions. (2) In fulfilling its mandate, the Authorityshall be guided by the national values andprinciples of governance in Article 10 and thevalues and principles of public service in Article232 (1) of the Constitution. What would happen say if CA disregards the House team's demand? RgdsGG Date: Wed, 24 Sep 2014 11:54:17 +0100 Subject: Re: [kictanet] Equity Given Go Ahead by CAK From: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.comThe tables have turned again:  House team halts Equity Bank's thin-SIM rollout The National Assembly’s Energy and ICT Committee has asked the Communications Authority (CA) to halt Equity Bank thin-SIM card rollout until it is satisfied of the security of the technology. http://www.nation.co.ke/news/politics/House-team-halts-Equity-Bank-thin-SIM-... Victor Kapiyo, LL.B ==================================================== “Your attitude, not your aptitude, will determine your altitude” Zig Ziglar On 22 September 2014 18:49, Martin Gicheru via kictanet <kictanet@lists.kictanet.or.ke> wrote:Safaricom does not necessarily agree to the move but will cooperate while it still needs to. ”We are particularly encouraged that CA has commenced the process of hiring an independent and reputable international firm to conduct a security audit on all SIM cards, and in particular the use of the SIM overlay technology in mobile money transfer services. We therefore implore the CA to fast track the security review and to publish the guidelines in the interests of protecting consumers and financial institutions who will remain vulnerable to the potential risks created by the ‘man-in-the-middle attack’. ”  http://techmoran.com/safaricom-remains-adamant-thin-sim-vulnerabilities/ On Mon, Sep 22, 2014 at 6:36 PM, Bernard Kioko via kictanet <kictanet@lists.kictanet.or.ke> wrote:Change is the only permanent thing! -----Original Message----- From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Walubengo J via kictanet Sent: Monday, September 22, 2014 6:30 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Equity Given Go Ahead by CAK @Charles, Interesting views.  I dont speak for Equity - and am not even a MEMBER (their customer).  However, they have the following going for them. 1) they do have their OWN SIM card targetting their 8m banking customers. They can actually make money out their core group of customers using their mobile virtual network (riding on Airtel telco infrastructure i believe). 2) the thin-SIM technology is just a nice option for their 8m customers AND the 20+million Safaricom customers. 3) indeed Safcom can play dirty but I am sure they wont because (a) they can take on Equity challenge and (b) the regulator seems more ready than ever to pounce on them (recall regulator has been "looking" for them over quality issues  :-). Remember, this looks like a mobile money battle, but the real deal is the collateral damage it is likely to cause in the voice market because once a Safaricom customer mounts the thin SIM Card and discovers that they can make cheaper calls/sms with it without losing their MPESA functionality...they will actually be having their cake (MPESA) while eating it (making Cheaper calls on the Equity Mobile virtual network). Essentially, Equity is breaking a small gap into the Safaricom defensive wall(MPESA) and once in, even the data-market may eventually be free for all i.e. #checkmate. walu. -------------------------------------------- On Mon, 9/22/14, Charles Kimani via kictanet <kictanet@lists.kictanet.or.ke> wrote:  Subject: Re: [kictanet] Equity Given Go Ahead by CAK  To: jwalu@yahoo.com  Date: Monday, September 22, 2014, 4:44 PM  I  think the thin sim strategy is brilliant...in  theory.  However, I am also  wondering just how wise it is to place the success of your  business model at the mercy of a hostile, powerful and  uncooperative business rival.  What if - 6 months after launch, for  example - Safaricom decide to upgrade all their sim cards  (genuinely or otherwise) just when Equity is in the middle of a critical (probably expensive) product  rollout?  What if  Safaricom customer service and dealer/retail channels start  advising subscribers who are having issues with their lines  that the thin sim is the cause of their problems and show  them how to remove it?  How will Equity map their processes  and logistics with the Safaricom SIM replacement processes?  Will Equity subscribers need to remember to make an extra  stop at an Equity outlet to have their thin sim re-attached  once they do a sim swap? How easy is it to attach these thin  sims?  We have  previously seen smart sabotage tactics bring down SAB Miller  ambitions in the Kenyan market. Equity - in my opinion - is  giving too much firepower to a determined competitor. It  might be cheaper in the long run to just invest in own SIM  and take Safaricom head-on.  Regards,Charles  On Mon, Sep 22, 2014 at  4:18 PM, Dennis Kioko via kictanet <kictanet@lists.kictanet.or.ke>  wrote:  Meanwhile, I did get the Equitel SIM Card  (haven't seen the infamous Thin SIM). So far, here's  my experience with the same. http://www.infotake.co.ke/2014/09/how-does-equity-banks-equitel-work.h tml  On 22 September 2014 16:11, Barrack  Otieno via kictanet <kictanet@lists.kictanet.or.ke>  wrote:  Sometimes  diversification leads to loss of focus. Interesting  discussions but let us see if this scenario will change some  of this Principles that have evolved over time.  Best Regards  On Mon, Sep 22,  2014 at 3:56 PM, Bernard Kioko via kictanet <kictanet@lists.kictanet.or.ke>  wrote:  I have noted media reports  indicating Equity has been granted go-ahead by CAK to  operate with Thin-Sim cards. Game changing I  suppose.    This e-mail and  any attachments may contain information that is  confidential, legally privileged and protected by law and is intended for the sole  use of the named  recipient(s). Any unauthorized review, use, or disclosure or distribution is  prohibited. Any liability (in negligence or otherwise) arising from any third  party acting, or refraining from acting on any information  contained in this  email is hereby excluded. 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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/vkapiyo%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.  _______________________________________________ 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/ggithaiga%40hotmail.co... 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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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. _______________________________________________ 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/ngethe.kariuki2007%40y... 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.