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

Thu Aug 2 11:35:48 EAT 2007

OK. I must agree, I have finally landed on a topic that
seems so entangled that i have nothing to say but lurk in
background and watch the stories as they unfold - like so
many other Listers...

seems i went offline and missed a couple of mails since am
still looking for the so called "spilled beans"...but am
sure i will get them since am reading the mails in reverse
order in which they hit my mailbox. 

Crazy what technology forces us to do - reading emails in
reverse order is exactly similar to watching a recorded
football match in Rewind Mode for 90 minutes!

walu.

--- Mike Theuri <mike.theuri at gmail.com> wrote:

> 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.
> >
> 
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