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

Fri Aug 3 03:47:25 EAT 2007

Longwe,

I see that you've emerged to fight a rather misguided battle on behalf of
Econet and a certain second party. Shall I mention and reiterate again that
I'm not here to represent the parties you so viciously attack as an agent of
the parties you represent? The matters I have discussed revolve strictly as
reiterated yesterday in what was to be my last note on the matter, but
apparently you could not help but emerge from the shadows solely to cast
your aspersions and bogus insinuations. You obviously have a bone to pick
with someone but I must caution you that you are picking it with the wrong
individual. I strongly suggest that you take these matters up directly with
persons officially and unmistakeably representing parties with whom you can
pick your proxy fights with. If you feel so strongly about the matters, you
also have the option of enjoining yourself in the lawsuits that are pending
as an interested party so you can state your serious allegations and
disparagements under oath and penalty of perjury.

For your information and everyone's information, I am not in the habit of
stating facts that I cannot support and have not made an effort to research.
It is obvious you are once again fighting battles on behalf of other parties
as you have done in other forums. It is indeed difficult to determine if you
are another those parties official mouthpiece or dedicated foot soldier.

Did it ever occur to you that a business plan MUST factor in all overheads a
business is to incur which would include all start up costs and licencing
fees? It does not take rocket science for anyone educated in simple
financial analysis to figure out that this was a flawed tender, where one
need only view the business plan to determine the amount a bidder was going
to present as a financial bid in order to knock them out of contention prior
to the opening of the financial bids. Unlike yourself I took the time and
trouble to locate and research the tender document which on page 10 section
2.2 states unequivocally:

--------------------------
           Commercial feasibility will be demonstrated through the
           development of a detailed business plan. The business plan will
           include references to the technical and operational plans and
will
           also contain a description on marketing plans, investment plans,
           and financial projections.
---------------------------

US$10m, US$55m or US$27m are significant amounts such that their exclusion
from a business plan would impact investment plans and financial projections
making them unworkable. One does not need to see the financial bid to know
what the amount to be bid was. The fact that the tender was broken up into
two portions made it seriously flawed and open to manipulation. I will also
refer you to the Exchequer and Audit Act as well as the regulations, but it
is unlikely you have neither the time or the interest to do this research
provided it contradicts your agenda. It's interesting you make no mention of
KNFC which is the majority shareholder that stalled this fiasco and affront
to Kenyans from taking place.

I demand that you clarify for all to read and see, and for avoidance of any
doubt, given that I am the party you choose to address this message to, and
in which you made the allegation, that I am not a party you refer to as
having engaged in the pathetic and despicable action of going to beg from
foreigners. If you have nothing to hide, you should name and enumerate these
delegations, after all, true statements of fact are not subject to
defamation and civil actions.

I must however point out for all to see, the fallacy with which you sought
to deceive Kenyans reading your message. Strive Masiyiwa is a Zimbabwean
exile living as a South African resident in Johannesburg. He does not live
in Zimbabwe, neither is Econet Wireless International headquartered in
Zimbabwe but in Johannesburg, South Africa. In a attempt to mislead you have
attained the unenviable position of having shot yourself in the foot.

I have no further comment and will not be party to your incredulous attempts
at disparagement. Last but not least, I reluctantly share below messages you
posted in support of the same Minister that you now attack, as well as your
view that the sector is infested with vested interests. The SNO tender was
modeled after the 3rd mobile tender, but in your view you see one as flawed
and the other as not. In some of your posts you argue for due process to
take place but then turn around and attack those who do exactly that. Surely
one cannot be taken seriously when they manufacture propaganda, shift
positions and raise allegations which read like a page from the
foreigners public relations and propaganda handbook. The uncivil nature of
your message is indeed shocking and a departure from many discussions on
various issues.

Mike

 ----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Friday, September 24, 2004 1:17 AM
*Subject:* Re: [DigAfrica] Kenyan Information Minister Tuju Backs SNO
Ruling?

Hi Chifu,

Acutally - I agree with the Minister's actions - and publicly stated private
sector support for it at a workshop closing ceremony the same week that he
took his action.

The key point is that there were irregularities in the
pre-qualification/tendering/bidding process. Tuju was expected to
"rubber-stamp" these questionable dealings almost immediately upon taking
office - without having had prior involvement with the whole exercise. Any
self-respecting professional would be hesitant. Needless to say, the
representations he then received from various parties, including organs
within government must have led him to take the hard stance.

Even more important than that was this myth that the SNO was the panacea for
all of Kenya's communications problems. The vested interests that have
distorted our telecoms sectors had fought hard to ensure that the market
remained closed through partial liberalisation and the SNO was one more move
in that game. A cosmetic parody of opening the market. The best measure for
what could have been expected can be seen in Ghana, Tanzania, Nigeria, South
Africa and a number of other countries where the mythical SNO proved to be
more of a disappointment and a let-down; and citizens were left in the
clutches of a monstrous incumbent with and "effective" monopoly.

Today Kenya - due to tough and unwavering decisions made by Tuju and CCK -
is looking forward to a utopian communications environment. I just received
a letter today from CCK clarifying their new regulatory strategy and I
smacked my lips in satisfaction. We finally have what we've been fighting
for all these years - an open, conducive environment, with clear structures
and protective measures to guard against anti-competitive practices.

Now the hard work of bringing in all the players and plugging them into each
other begins...

Regards,

Brian
 ----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com ; Discuss at afrispa.org
*Sent:* Monday, March 07, 2005 1:41 PM
*Subject:* [DigAfrica] STOP PRESS! Kenyan Govt dissolves CCK Board!

I am sitting here writing this email in a state of shock and disbelief. Two
hours ago I received a frantic phone call from a shaken member of the press
to inform me that CCK has been dissolved.

In a press release that was sent out at 7:45pm this evening, the Minister
for Information and Communication, Raphael Tuju announced that he has
dissolved the CCK Board of Directors and sent the Director General S Kirui
on compulsory leave. The former secretary to the National Communications
Secretariat Dr. J. Kulubi has been appointed as acting DG.

This is an utter disgrace and has shocked the industry to the core! My phone
has been ringing off the hook. This government interference in our sector
has gone too far! And especially coming the day after a damning report on
how the immediate former Assistant Director was relieved of duty by Minister
for Communications after exposing a massive racket in which Telkom Kenya was
being fleeced of millions of dollars.

It appears that this most recent development has the 3rd GSM license fiasco
as some kind of smoke screen - maybe to divert Kenyans short attention span
from the very serious questions that the investigative report in yesterday's
East African Standard raises.

Anyway I now need to go to my arsenal and get ready to do battle.

Weep for your country dear Kenyans - as we fight to bring sanity into our
nation's affairs!

Brian
 ----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Friday, March 11, 2005 12:17 AM
*Subject:* Re: [DigAfrica] Re: Africa pushed into the dark age but we can
push it back into the 21st Century

On 10/3/05 7:38 PM, "Mike Theuri"  wrote:

> If this is indeed true, where was TESPOK when CCK was found
> guilty of serious breaches of tendering procedures by PPCRAB in
> the matter of the Second National Operator licencing ? If Tespok
> is indeed standing up for the interests of the Kenyan people why
> was TESPOK dead silent about this law breaking maneouveur
> committed by the very same people they are trying to defend ?

Actually Theuri we are on record both in the press and in official
communications to all the political parties prior to the elections with
giving our view of the ICT priorities in the country and proposing certain
strategies for them to include in their manifestos.

We also followed this up with a resend of the same to NARC when they came to
power and have also made representations to the then Minister, Michuki and
his Permanent Secretary.

In these representations we were consistent on the issue of the SNO. We
indicated that it is our belief that an SNO is not the answer to Kenya's
problems.

Full competition, in every area is what Kenya needed - not a skewed duopoly.

Brian

----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Saturday, March 12, 2005 12:51 PM
*Subject:* Re: [DigAfrica] Tuju's move against CCK's board right,
justifiable

Mike,

Let me put what I'm trying to say another way. If anyone in CCK had any
wrong – there are procedures clearly laid out in law that ought to be
followed. I am not trying to defend anyone who might be evil or corrupt.

In this particular case – the law has been completely ignored. Is anybody –
including our ministers – above the law? That's my question...

I am all for investigations – but how do you take such drastic action as
breaking the law – on the basis of allegations that have not or can not be
presented before a court of law?

Once again I will restate myself – laws and the constitution are there to
protect all citizens, corporate and individuals alike. Now unless you are
trying to say that some are more equal than others – I think the laws of a
country apply equally to all citizens, including our ministers.

Tuju's similar action with KWS raised an outcry but nothing much was done
about it. Maybe he felt that he can simply do the same here with our ICT
sector. But I don't think he'll find it easy – we are asking hard questions
and need answers.

Let me ask all of you a question. If this is such a simple thing (as those
of you who are not actually living here seem to think).

Then why is it that not only us operators (TESPOK) but also the Central
Organisation of Trade Unions, the local Civil Society Caucus, Kenya
Leadership Institute, Parliamentary Select Committee on Communications and
various other well respected proffessionals and individuals are all saying
the same thing? That these actions were wrong – and due process and law has
not been respected?

Any answers?

Brian

----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Sunday, March 13, 2005 3:54 PM
*Subject:* Re: [DigAfrica] Tuju's [illegal] move against CCK [not] right,
[un] justifiable

On 13/3/05 11:46 PM, "Samuel Getachew" <samuel_getachew at hotmail.com> wrote:

Is it wrong to ask interested parties (in the ICT sector in Kenya) such as
yourself & co. to take a step back and seek to understand Tuju's decision
before rushing to 'analyse' and 'fault' the minister?

OK Ngunjiri – my apologies for becoming a little personal (I was hoping some
of your own medicine might help ;-)

What I hear you saying is that it was OK for Tuju to break the law and
ignore due process. Is that right?

Brian
-- 

----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Monday, March 14, 2005 1:52 AM
*Subject:* Re: [DigAfrica] Re: Tuju's [illegal] move against CCK [not]
right, [un] justifiable

On 14/3/05 8:45 AM, "Mike Theuri"  wrote:

> If one
> reads between the lines (which is one of the messages I have been
> trying to post here) of Tuju's various statements, he states that he
> acted as an agent of the government, is it then possible that he
> received orders from above and was in effect implementing a
> Presidential directive ?

I think we might be getting closer to what is actually happenning if this
line of enquiry is pursued.... Kenya has a legacy of the President's name
being used as a cover for the dirtiest deeds imaginable.

Nuff said,

Brian
--

----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Thursday, March 17, 2005 9:36 AM
*Subject:* [DigAfrica] Kenya Communications Bill, 1997

On 17/3/05 4:56 PM, "Mike Theuri"  wrote:

> Please read sections 6 and 7 of the State Corporation Act in their
> entirety and the Kenya Communications Act for a clear definition of
> the Minister's powers before concluding that due processes of law
> have not been carried out.

Please don't patronise - we are not newcomers to the legal aspects of our
sector. Here is the position we presented in 1997. Please note some of the
key sections/recommendations that were adopted (and some that were not).

----------------------------------------------------------
The Kenya Communications Bill, 1997
[...]

-- 

----- Original Message ----- *From:* Brian Longwe <cto at nbi.ispkenya.com>
*To:* DigAfrica at yahoogroups.com
*Sent:* Thursday, April 14, 2005 7:50 AM
*Subject:* Re: [DigAfrica] How much did Econet pay EA Standard?

I think this debate would be very interesting of Econet were on this mailing
list

;-)

Brian

On 14/4/05 11:13 AM, "Ngunjiri" wrote:

>
> Bernard,
>
> that is a good question. All the Standard has to do is sent it's
> so-called reporters on leave and hire new ones. That is what Tuju was
> alluding to yesterday. The media has definitely been compromised. It is
> common knowledge that;
>
> 1. Econet tried selling the license to MTN South Africa among other
> operators.
> 2. Econet paid less (for the license) than was mandated by the tender
> documents.
> How Kirui accepted this bid still remains a mystery.
> 3. Econet falsified it's total subscriber numbers in the bid document
> and this was proven by the committee sent to conduct due diligence
> 4. Econet deliberately set up the Kenyan partners to fail by presenting
> them a false business plan thus rendering them unable to raise funds.
>
> There is more and in due course, the minister will do the needful. By
> the way, the team sent to check on Econet's activities during the time
> they bid for the Telkom stake had very negative report and were of the
> opinion that Econet was not the appropriate partner. The tales of
> corruption and kickbacks are just another ploy to fool interested
> parties. KANU had nothing to do with it.
>
> Now, that brings me to the question of how they can start rolling out a
> network when the CCK has not yet granted them any frequencies? They do
> not even have the necessary trading licenses and their officials are
> claiming that they will forge ahead and operate with or without meeting
> the relevant legal/regulatory requirements. Who is breaking the law here?
>
> Like I posted earlier, give the minister time and he will prove that we
> are being taken for a ride.
>
> Bernard Owuor wrote:
>
>> http://www.eastandard.net/hm_news/news_s.php?articleid=17924
>>
>> Tuju¹s attack in House was patently unfair

On 8/2/07, Brian Longwe <brian at isisweb.nl> wrote:
>
> 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.
> >
>
>
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