[kictanet] It's a new twist for Econet Wireless

[Mike Theuri]

Dear Dr. Ndemo,

It is not clear that there is any overseeing independent party that
maintains oversight over the regulator. While the Government should
not interfere with the regulator's activities, what recourse or
mechanisms are in place to ensure that the regulator performs its
statutory duties and obligations per the law and what remedial action
is available if the regulator fails to perform its duties other than
replacing the regulator's officials? The regulator is constantly at
risk of being in conflict with the Executive arm of Government which
in itself suggests a lack of true independence by the regulator.
However these are issues substantial enough for another day and topic.

As Kenyans we are all interested parties in this matter more so
particularly on this industry related discussion list. Indeed in 2003
when over 48 elected Kenyan MPs and by extension representatives of
wananchi rose up in opposition to the licence, I doubt they were being
insincere and unpatriotic Kenyans. Also when Vice President Awori on
Ushirika Day 2007 was recently reported as advocating the award of the
licence to KNFC, I'm certain that did not make him an insincere
Kenyan.

Adopting a doctrine where issues are only addressed if one supports
the licence award is unfortunate. I have nothing to hide, I have
discussed simple, plain and verifiable facts available to any member
of the public or investigative body willing to seek the same
information from the public domain.

Let us not confuse the issues which the said sources (whom I presume
to be truly interested parties and to whom I extend an invitation to
emerge from the shadows of anonymity and join this open debate) are
apparently distorting in an attempt to muddy the waters so as to sweep
under the carpet what is factually available in the public domain and
has been raised by many independent parties, diplomats and the media
over the last 4 years:

1. Cancellation and Re-tendering of the licence in a transparent and
vetted manner based on irregularities and egregious violations of
tendering and procurement procedures during the initial tender.
2. The disenfranchisement of Kenyan shareholders from a consortium
they were part of, which is contrary to the tender rules and
procedures.
3. Awarding the licence to an entity which is a stranger to the
licence by the fact that it excludes certain members of the bidding
consortium.

These are all separate but intertwined issues listed in order of
precedence. First and foremost I  do not support the issuance of the
licence due to the flawed manner in which the tender was handled. And
should it turn out that the licence has been irregularly issued
rendering the first issue academic, I do not support disenfranchising
Kenyans at the behest of foreigners from a company in which Kenyans
are supposed to own 82%. I am acting in my personal capacity as an
ordinary Kenya citizen who has been following the sector starting with
the 2nd mobile licence tender and who is keen on supporting Kenyan led
initiatives in the industry. As stated before, the matters in
controversy on the licence are in the public domain and documents
merely state their contents.

The ability to conduct fair and transparent tendering in the ongoing
liberalisation of the sector is of paramount importance and concern to
any party keen on the industry. If the issues are not addressed
satisfactorily, the country will only continue to attract 3rd or 4th
rate capital as opposed to 1st rate capital.

If there are any doubts about objectivity, one only needs to refer to
the tender documents, The Kenya Communications Act, The Kenya
Communications Regulations, Exchequer and Audit Regulations, the
Anti-Corruption and Economic Crimes Act for these are the laws of the
Republic that govern the matter at hand.

Thank you for your time and availability to discuss with members of
the  public this issue of national importance. I would hope that other
public officials would emulate and be as open and accessible to the
public as you have been.

Regards,

Mike Theuri


On 8/1/07, bitange at jambo.co.ke <bitange at jambo.co.ke> wrote:
> Dear Mr. Theuri,
> Thank you for supplying more details.  You raise many issues here and more
> importantly is the fact that you understand the difference between
> regulatory and policy.  For smooth running of the industry, the regulator
> must be independent.  The current Government at least wants an indepedent
> regulator.  We must leave regulatory issues to the regulator.  The Econet
> matter is regulatory.  The Government has extricated itself from mixing
> regolatory and policy issues.  This is simple and straight forward.
>
> Your problem is the fact that you are a party to the issues sorrounding
> Econet and you are not disclosing that to your audiences. At some point I
> am told you did not want KNFC to have access to the licence.  Now you are
> advocating issuance of the same licence to KNFC.  I deceided to engage
> with you in this discussion because I thought you were a sincere Kenyan
> interested in seeing justice.  I now know that you cannot in any way see
> issues in this matter objectively.  You will therefore excuse met from
> further discussion on this issue.  I HAVE RESTED MY CASE.
>
>
> Regards
>
>
> Ndemo.
>