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

[Lucy Kimani]

Brian,

I was going to respond to you, but truthfully speaking I am at a loss on
how to respond to the vitriol that you spew below with total disregard for
the truth, and the pathetic attempt at narrating or should I say espousing
Econet's and Masiyiwa's none-existant virtures!

I will take the moral high ground on this one, when you can debate without
name calling and embellishing the truth then perhaps I might deem it fit
to engage with you, after all you and KTIG have been at this since 2005!

LK

> on this particular topic I feel compelled to speak out and loudly
> emphasise my support for Dr. Ndemo's comments.
>
> The parody of appeals made by the group that called themselves KTIG
> when they lost to Econet was a total demonstration of ineptness and a
> lack if understanding of the process by which licensing disputes
> ought ought to be handled. Add to that the blatant disregard to the
> phased process by which CCK handled tenders (one that was so
> efficient that parts of it have now been adopted as part of standard
> procurement).......In mentioning the amounts of money that were bid
> for the 3rd GSM, our colleague somehow forgot/overlooked the small
> detail that CCK requested bidders to submit their bids with technical
> and financial in separate sealed envelopes. Any bidder who didn't
> pass technical didn't have their financial bid opened. KTIG failed at
> the technical bid stage. Their financial bid was never opened (and
> probably is still sealed) so only they can claim whatever amount it
> was that was bid. Out of the subsequent parties that passed the
> technical stage, Econet won fair and square.
>
> The subsequent rigmarole that saw entire delegations flying to
> Zimbabwe to demand their % and kitu-kikubwa is a story for another
> day. Needless to say that all of these delegations were shown the
> door by Masiyiwa - a man whose reputation for zero tolerance for
> corruption is well known in the African market.
>
> I won't even begin to go into the mud-slinging and witchhunt that
> then ensued - with various KTIG actors furiously fanning any sign of
> an anti-econet spark - to the point that the then Minister even went
> as far as assuming the role of regulator and issuing a roadside
> declaration that the license was cancelled , then eventually finding
> himself in a hole so deep that in frantic efforts to save face he
> sacked the entire CCK board on allegations of corruption, which
> actually dug a deeper hole - that eventually dragged the entire
> cabinet and even state house into a damage-control and fire-fighting
> mode and eventually saw the portfolio for information & communication
> quitely handed over to other who were less susceptible to leaning on
> every word spoken with a tweng.
>
> Guys, let's face it - this market is HOT - RED HOT. Everybody wants
> to get in. In my career and history I have never seen such a case of
> sour grapes as what KTIG did regarding the Econet issue.
>
> I'm telling you the day I see my Nokia (but do I say) showing a 3rd
> signal that reads Econet I shall send up a prayer for the righteous
> who put their enemies to shame.
>
> Mblayo
>
>
>
>
> On Aug 2, 2007, at 11:35 AM, John Walubengo wrote:
>
>> 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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>>
>>
>>
>>
>> ______________________________________________________________________
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>
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