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

[Alex Gakuru]

Hi, perhaps since the tangent is way from the turned tables, could we
carry on with the conversation off-list.

Thxs

On 10/26/07, Eric Osiakwan <eric at afrispa.org> wrote:
>
> Dear Alex,
>
> How does the Act deal with competition regulation, Monopolies and price
> control, may be pointing me to those section of the Act would be useful or
> giving a URL or just pasting below?
>
> Thanks
>
>
>
>
> On 26 Oct 2007, at 12:28, Alex Gakuru wrote:
>
> Yes! Fierce (Consumer) Fairness Freedom fighter is
> part of my name;-)
>
> To be fair, there is nothing unusual about disputes in
> the sector. The law establishing CCK expected them and
> so also established the Appeals Tribunal under Section
> 102 of KCA 1998.
>
> Regarding competition, there is Restrictive Trade
> Practices, Monopolies and Price Control Act, Cap 504,
> Laws of Kenya whose citation reads"An Act of
> parliament to encourage competition in the economy by
> prohibiting restrictive trade practices, controlling
> monopolies, concentrations of economic power and
> prices and for connected purposes"
>
> One may question the "ADEQUACY"of the Act to deal with
> today's ICT competition challenges which the drafters
> then could not have reasonably foreseen. However at
> the moment it is the only piece of competition
> legislation to rely on in that area.
>
> Better get back to talking IT now... Have you read
> ICANN IPv6 Factsheet?
>
> http://www.icann.org/announcements/factsheet-ipv6-26oct07.pdf
> or
> http://pdfdownload.tsone.info/pdf2html.php?url=http%3A%2F%2Fwww.icann.org%2Fannouncements%2Ffactsheet-ipv6-26oct07.pdf&images=yes
>
> In Kenya, only Swift Global and KeNIC are on IPv6...
> Bad news there and I am shift gear to enange ISPs...
> ;)
>
>
> --- Eric Osiakwan <eric at afrispa.org> wrote:
>
>
> 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
>
>
> === message truncated ===>
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>
> Eric M.K Osiakwan
> Executive Secretary
> AfrISPA (www.afrispa.org)
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