[kictanet] [Fibre-for-africa] RE: The tables are turned

Fri Oct 26 08:50:36 EAT 2007

Dear Alex,

Thanks for the enlightenment, your submission below together with the  
pointers have being light.

However, i think though we would like MJ to give us some more  
information i would like us to respect his right not to discuss such  
corporate matter if his company's policy does not allow him or the  
rules of engagement does not. This is not to say TK puttingt he  
information in the public domain is right or wrong but we have short  
supply of details on the processes that have lead to this.

Haven said that i think MJ and his enterprise also knows the  
implications of not doing so but i think the ultimate outcome we all  
want apart from the intellectual excercise, is for such corporate  
commercial issues to be resolved best and to the advantage of we the  
consumers so over to you, Safaricom and TK.

Eric here

On 25 Oct 2007, at 21:47, Alex Gakuru wrote:

> Hi Eric,
>
> Unless containing illegalities or infringing on
> others' rights, I believe the Law of Contact gives
> agreements between qualified persons more weight than
> regulatory intervention or government policy for that
> matter. Regulatory intervention steps in when the
> parties cannot agree among themselves first and where
> the regulator cannot resolve a matter, then Supreme
> courts step in and pick it from there.
>
> CCK helps resolve long-standing complaints or disputes
> only after several direct resolution attempts and,
> with respect to consumers, explores ways of assisting
> consumers that opt for litigation.
> http://www.cck.go.ke/consumer_center/
>
> Business people know that by the time they leave court
> rooms, they are forced to bask quite of their torn
> underclothing in the open hence their preference to
> seek low-key "quieter" regulator and arbitrators to
> resolve their business competition kerfuffles.
>
> Although I am yet to know where they are located (read
> FOI),the government recently announced the formation
> of an Office of Ombudsman (DAILY NATION 22/06/2007)
> "to deal with public complaints" for alternative
> dispute resolution - heralded as "an administrative
> move by the President that is purely geared towards
> addressing issues that have bedeviled Kenyans without
> nowhere to turn to" by a member of our consumer
> network.
>
> Back to the issue at hand...
>
> When disputants involve third parties, and the public
> through media, obviously a deadlock or stalemate was
> encountered somewhere breaking down their conflict
> management process. Therefore, I find it inappropriate
> to agree with Micheal Joseph and Peter on hushing up a
> matter already in the public domain, unless they agree
> and inform the public that they have both agreed to
> resolve the issue through mutually agreed arbitration
> and the choice of the arbitrator must not (or even be
> seen to) be biased.
>
> When Edith asked Michael Joseph to enlighten us on
> those other issues, he said wished not to discuss in
> view of (print) media rather his proffered arbitrator
> and not burden regulator with the dispute. To me this
> raises a concern whether his preferred arbitrator
> could be considered unbiased or neutral considering
> that the matter had reached the regulator height. He
> appeared to advocate “reverse-driving”  and without
> shedding light on the compelling ahead obstacle
> necessitating this action.
>
> Add to all of this mix blaming of the media
> circumstances become even more suspect. If one has
> nothing to hide in *any* dispute why shut out and
> blame the media for printing the smoke (above the
> fires).
> Perhaps you understand why I appreciate professional
> journalist predicaments.
>
> <snip>
> Those who equate journalism with such licensable
> professions as law and medicine misunderstand the
> nature of journalism. Journalism is founded on freedom
> of expression. It is also an open book. There is no
> need for licensing.
>
> Every day is a licensing day for journalists because
> they cannot hide their mistakes. There is an old
> saying: "Doctors bury their mistakes, lawyers hang
> them, but journalists put theirs on the front page."
> http://www.nationmedia.com/dailynation/nmgcontententry.asp? 
> premiumid=0&category_id=25&newsid=99397
> <snip>
>
> Either MJ enlightens us on undercurrents information
> supporting his arguments or they agree to agree or
> disagree through the press and what they intend to do
> next... But meanwhile, are all entitled to speculate
> on all sorts of most imaginative conspiracy theories.
>
> I suspect I did not rescue you Eric, but I hope this
> adds something?
>
> Alex
>
> --- Eric Osiakwan <eric at afrispa.org> wrote:
>
>> Dear Peter,
>>
>> I also think this should be abitration after the two
>> parties did not
>> agree between themselves but one of them prefered to
>> take it to the
>> regulator whether rightly or wrongly but thats their
>> choice. The
>> regulator can then ask them to go abitrate. In Ghana
>> when a similar
>> situation happened between GT and IGH, the issue
>> went up the
>> regulator and the regulator said, thier next line of
>> call after they
>> could not agree was to abitrate and if abitration
>> does not work then
>> they come to the regualtor and if the decision of
>> the regulator does
>> not work then the courts comes in. Our regulations
>> provide for such
>> progression but i dont know about yours, may be Alex
>> G. can again
>> come to my rescue.
>>
>> Your last issue boaders on dominate market share,
>> now as far as i
>> know Kenya does not have competition regulation but
>> ideally that
>> should take care of such growths in the market as it
>> is in the EU. Am
>> just reading a story of Microsft surcumbing to that
>> regulation in the
>> EU.
>>
>> Eric here
>>
>>
>>
>> On 23 Oct 2007, at 12:49, Peter Othino wrote:
>>
>>> Hi Eric,
>>>
>>> I do agree Michael Joseph and the situation should
>> be arbitration
>>> and not a
>>> regulator handling commercial differences in the
>> field.
>>>
>>> Looking at it on the reverse, the current Telkom
>> Operation on their
>>> CDMA
>>> platform they are no different from a GSM provider
>> yet I believe the
>>> licensing conditions were different this to me has
>> no direct
>>> commercials but
>>> a regulatory aspect but I do not remember it being
>> handled despite
>>> concerns
>>> raised. I do not believe that parties need to
>> complain for
>>> regulation to be
>>> effected as that would kill the whole concept and
>> drive about self
>>> regulation that is the ultimate desired position.
>>>
>>> Yet again if a provider gets powerful for it is
>> position in the
>>> market I
>>> believe it is part of the Matrix as this comes
>> either as tangible or
>>> intangible value adds above the rest associated
>> with the service
>>> delivered.
>>>
>>> Thanks,
>>>
>>> Peter Othino
>>>
>>>
>>> -----Original Message-----
>>> From: Timothy Kasonde KASOLO
>> [mailto:timothy at africonnect.co.zm]
>>> Sent: Tuesday, October 23, 2007 12:08 PM
>>> To: eadera at idrc.or.ke; APC - Private list for use
>> by EASSY Workshop
>>> Participants
>>> Cc: APC - Private list for use by EASSY Workshop
>> Participants;
>>> KICTAnet ICT
>>> Policy Discussions
>>> Subject: RE: [Fibre-for-africa] RE: [kictanet] The
>> tables are turned
>>>
>>> Hello,
>>> I think the media needs to be balancing the
>> articles ....
>>>
>>> Timothy
>>>
>>>> Michael,
>>>>
>>>> It would help to hear your side of the story so
>> we can all be
>>>> informed.
>>>>
>>>> We unfortunately do not have other sources of
>> information at this
>>>> point
>>>> other than the media.
>>>>
>>>> Looking forward,
>>>>
>>>> Edith
>>>>
>>>> -original message-
>>>> Subject: [Fibre-for-africa] RE: [kictanet] The
>> tables are turned
>>>> From: "Michael Joseph" <MJoseph at Safaricom.co.ke>
>>>> Date: 23/10/2007 10:53 am
>>>>
>>>> What you have not mentioned whether the complaint
>> had any merit and
>>>> whether the Parties could not have resolved it
>> between themselves
>>>> rather
>>>> than relying on the CCK to mediate every
>> commercial dispute. There is
>>>> much more to this than just the one-sided view
>> quoted by the media
>>>> but
>>>> we have chosen not to try to resolve our disputes
>> through the media.
>>>>
>>>>
>>>>
>>>> Regards
>>>>
>>>>
>>>>
>>>> Michael
>>>>
>>>>
>>>>
>>>> CEO
>>>>
>>>> Safaricom Limited
>>>>
>>>>
>>>>
>>>> ________________________________
>>>>
>>>> From:
>>
> kictanet-bounces+mjoseph=safaricom.co.ke at lists.kictanet.or.ke
>>>> [mailto:kictanet-bounces
>>>> +mjoseph=safaricom.co.ke at lists.kictanet.or.ke]
>>>> On Behalf Of Eric Osiakwan
>>>> Sent: Sunday, October 21, 2007 12:27 AM
>>>> To: Michael Joseph
>>>> Cc: APC - Private list for use by EASSY Workshop
>> Participants;
>>>> KICTAnet
>>>> ICT Policy Discussions
>>>> Subject: [kictanet] The tables are turned
>>>>
>>>>
>>>>
>>>> Dear All,
>>>>
>>>>
>>>>
>>>> We are really living in interesting times
>> especially in the ICT
>>>> industry
>>>> because a few years ago, it was the mobile
>> operators and ISPs who
>>>> would
>>>> be knocking on the doors of the regulator
>> complaining and sometimes
>>>> weeping at the anti-competitive practices of the
>> imcumbent PTT
>>>> towards
>>>> them.
>>>>
>>>>
>>>>
>>>> Today the tables have turned and in Kenya as per
>> the story below,
>>>> Telkom
>>>> Kenya is rather asking CCK to put Safaricom in
>> check because they are
>>>> acting anti-competitively on the SMS platform
>> against their CDMA
>>>> operation. Five years ago, this would have being
>> an "incorrect
>>>> prophesy"
>>>> but it has happen sooner than all would have
>> expected.
>>>>
>>>>
>>>>
>>
> === message truncated ===>
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Eric M.K Osiakwan
Executive Secretary
AfrISPA (www.afrispa.org)
Tel: + 233.21.258800 ext 2031
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Handle: eosiakwan
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Blog: http://blogs.law.harvard.edu/eric/
Slang: "Tomorrow Now"

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