[kictanet] Discipline & Ethics - Re: Legislation and Regulation fore-Commerce in Ken

Tue Jul 15 01:39:17 EAT 2008

Joe,

Had these rules been implemented, today we might be in a position to call
Kenya "economically sovereign" but that is far from reality and unless
corrective measures are undertaken rather quickly it will be too late unless
the government of the day turns radical and resorts to nationalising private
entities the Hugo Chavez way. However that is a mirage on the horizon, as
any such attempts would likely to lead to expropriation claims in
international world courts, pariah status and we would be headed the
Zimbabwean way where having seven figures in one's
bank account would qualify one as a poor millionaire.

Friends of Kenya are most welcome to give their input and offer expertise,
however, policy making ought to be led and controlled by Kenyans. Policy
makers and decision makers will hopefully grasp the urgency of the need to
ensure that the country's economic independence and national security is not
threatened by abdicating their core duties to formulate policy that will
result in greater Kenyan ownership and control of the key sectors of the
economy. If it takes legislation to mandate a shift in shareholding over
time eg the South African economic empowerment way, it would be worth the
time, consideration and study. As you correctly point out, the US, Canada,
China, Libya and many more around the world would never allow foreigners
directly or indirectly by proxy to define public policy, to do so would be
to deliberately disown the nation's sovereignity.

Mike

On Mon, Jul 14, 2008 at 9:54 AM, Joseph Manthi <jmanthi at gmail.com> wrote:

> Mike
> Well said.
>
> What I would like to add is that every investor in Kenya should be
> subjected to the same rules that a Kenyan would be subjected to in India and
> EEU or any other country. Additionally we should not be having foreigners
> attempting to shape Kenya's public policy. In fact in the US no foreign
> owned company is allowed anywhere near where public policy is created. Any
> foreign based public policy body must identify itself as such. In this case
> KIF would be an illegal associations because it has non Kenyan entities as
> its members.
>
> At the end of the day when all hell breaks loose these guys are the first
> ones to get airlifted by their embassies and leave Kenyans to face the music
> alone. We have seen it time and again all over Africa.
>
> They say: "History does not repeat itself only the folly of Kenyans does"
>
> Joe
>
>   On Mon, Jul 14, 2008 at 7:41 AM, Mike Theuri <mike.theuri at gmail.com>
> wrote:
>
>>   One need only look at past history and realize that a Kenyan whether
>> resident in Kenya or not is an underdog when it comes to fairly competing
>> against foreign entities that have the "right connections" and "right" goes
>> beyond having "business connections". When official policy intentionally or
>> unintentionally appears to dictate that anything Kenyan led should be
>> relegated or ranked lower because local is not better, is the biggest single
>> contributing factor that has led to foreign control and ownership of key
>> sectors of the economy.
>>
>> One need only look at India's current economic prosperity where
>> official policy was key in ensuring that any major player wanting to do
>> business in India had to engage in joint ventures with local players, the
>> benefit of that foresight can now be seen as some of these firms turn into
>> true multinationals as a result of knowledge and technology transfer while
>> ensuring that in the process, the wealth and long term benefits
>> generated remained mostly in India and not in foreign coffers.
>>
>> As for the diaspora, they may have already decided to keep off due to the
>> lack of incentive and a guaranteed (not preferential) level playing field ,
>> besides remittances, can anyone mention any major investment activity in a
>> key national sector that a broad based diaspora led initiative has succeeded
>> when competing in one's own country against foreign led entities? The answer
>> might be found once again in official policy and approach as this brief
>> analysis indicates, why should one invest where they are likely to get
>> burned by playing their cards fairly and transparently when the policy
>> makers are not willing to address key issues of legitimate investor concern?
>>
>>
>>
>> http://kenyaimagine.blogspot.com/2007/03/kimunya-attempts-to-woo-kenyan-diaspora.html
>>
>>
>>  On Sun, Jul 13, 2008 at 11:36 PM, Alex Gakuru <alex.gakuru at yahoo.com>
>> wrote:
>>
>>>
>>> --- On Sun, 7/13/08, Brian Munyao Longwe <blongwe at gmail.com> wrote:
>>>
>>> >
>>> > To certain members of this list who are either not resident
>>> > or have
>>> > not been resident in this country for some time, please be
>>> > cautious
>>> > with your statements, sometimes you might be bashing
>>> > someone who has
>>> > made huge sacrifice to serve this nation's ICT.
>>> >
>>>
>>> Earlier said we should not discriminate against non-Kenyans.
>>> Would you be asking that honest opinion now also be qualified and
>>> legitimized by the residency status? The Diaspora should keep off?
>>>
>>> Expanding to all society, are historical "made huge sacrifice to serve
>>> this nation" permanent tickets to never be questioned? To be rewarded
>>> generously ad infinitum?  I am avoiding cheapening the discussion.
>>>
>>>
>>>
>>>
>>>
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>>
>>
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>>
>
>
> --
> Joseph Manthi
> CEO
> MEO Ltd
> http://www.meoltd.com
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