[kictanet] Econet Haters.... :-D

Thu Oct 9 16:37:53 EAT 2008

Well i may not qualify as a judge but i guess this is not meant for
Kictanet, better still i am not sure whether Kriegler has left the
country in my humble opinion what we need is a win win situation
otherwise tutabaki Nyuma
Regards

On 10/9/08, Brian Munyao Longwe <brian at caret.net> wrote:
> I strongly suspected that  this was all about KTIG (Kenyan diaspora
> living in America), their loss of 3rd mobile bid and subsequent
> clumsy attempts to legally obfuscate the eventual award to Econet.
>
> It must really feel bad to see that Econet are finally getting their
> network live. Woyeeeee....
>
> I remember 3-4 years ago saying that when I see the Econet signal
> (though I understand they are adopting a different brand name) as an
> available network in Kenya that I would say a silent prayer for the
> righteous.....
>
> Now maybe I should just laugh hysterically!
>
> Brian
>
> On Oct 9, 2008, at 2:10 PM, John Maina wrote:
>
>>
>>
>> ----- Forwarded Message ----
>> From: "mwananchi at hushmail.com" <mwananchi at hushmail.com>
>> To: j.maina at ymail.com
>> Sent: Thursday, October 9, 2008 7:47:34 AM
>> Subject: PS Ndemo and Econet scandal...
>>
>> John,
>>
>> Interesting discussion on Kictanet, perhaps one should have warned
>> you before hand that Kictanet is laden with vested interests who
>> will gladly forego accountability and transparency as long as they
>> themselves benefit or will benefit from Ndemo's rewards for singing
>> his praises and not holding him to account as the public servant he
>> is. Certainly he has done some good things for the country but he
>> has also enabled the commission of monumentally bad matters.
>>
>> Whenever truth is told, hardcore supporters of Ndemo led by one
>> Brian Longwe (who has interestingly benefited in several ways since
>> Ndemo took office) predictably rush to chant "smear", "smear" in an
>> attempt to obfuscate the truth. God forbid should Longwe ever be
>> appointed to public office for that will mark the improper entrance
>> of an individual who believes that accountability and transparency
>> have no room and should exist in Kenya.
>>
>> You may use the below as you deem fit, the truth needs to be told:
>> ----
>>
>> If Ndemo is so innocent why doesn't he invite the CID, KACC, the
>> Attorney
>> General's office and any other co-operating law enforcement
>> agencies such as the UK's Serious Fraud Office and independent anti-
>> corruption agencies to investigate the issue while inviting the
>> public to forward any evidence they might have of misconduct, law
>> breaking and corruption to the relevant agencies. Perhaps instead
>> of Brian trying to pull wool over wananchis eyes, he could suggest
>> this solution to the PS to help bring these matters to a logical
>> conclusion once and for all.
>>
>> Facts do not lie, naysayers loudly declaring their unwavering and
>> blind support should present hard exonerating facts that rubbish
>> the tip of the iceberg below or continue in their rather misguided
>> act of aiding and cheering on the commission of corrupt and
>> economic crimes against the nation. The below are just the surface
>> of the scam that the PS has worked tirelessly to keep from public
>> view.
>>
>> Fact 1:
>> Econet sought a gag order against its former Chief Financial
>> Officer, Mwaura Njiri, a Kenyan, who forced by his conscience
>> resigned when Econet sought to force him to sign a falsified
>> affidavit that was aimed at defrauding KNFC of their legitimate
>> shareholding in Econet Wireless Kenya. In attempting to do so
>> Econet filed the following case:
>>
>> CASE NO 05/12059 IN THE HIGH COURT OF SOUTH AFRICA
>> (Witwatersrand Local Division)
>>
>> Econet Wireless International Limited - 1st Applicant
>> Econet Wireless Kenya Limited - 2nd Applicant
>> Econet Wireless Ventures Limited - 3rd Applicant
>> v
>> Njiri, Elizaphanson Mwaura - Respondent
>>
>> Entire Econet Court Filing:
>> http://rapidshare.com/files/152242137/EconetSA.pdf
>>
>> Respondent Njiri's Entire Court Filing response to Econet lawsuit:
>> http://rapidshare.com/files/152242138/NjiriSA.pdf
>>
>> 5. Re Paragraph 7
>> "I have no knowledge whether the First Applicant is a subsidiary of
>> the Third Applicant. I do not know when the "group" was founded,
>> but I deny that it a leading telecommunications operator in Africa."
>>
>> 6. Re Paragraph 8
>> "I admit my citation and place of residence. I was employed by the
>> First
>> Applicant as Chief Financial Officer and also Head of Corporate
>> Finance
>> Development from July 2000 until 26th October 2004 when I resigned,
>> largely due to the deterioration in my relationship with the First
>> Applicant and Wazara. I admit that I played a central role in
>> establishing the Second Applicant for purposes of the said tender."
>>
>> http://rapidshare.com/files/152242138/NjiriSA.pdf
>>
>> Fact 2:
>> Mwaura Njiri under penalty of perjury unequivocally and in his
>> position as CFO stated the following regarding Econet's finances.
>> This is a damning indictment of the regulator for abandoning its
>> fiduciary duties to the Kenyan public by failing to eliminate the
>> licensee at the pre-qualification stage, thus the licensee was
>> licenced contrary to the tender rules considering their true and
>> correct balance sheets did not show a healthy turnover of over
>> US$100m. The secret of the hundreds of millions of dollars in
>> turnover is a story well told only that it neglected to mention
>> that those were worthless Zimbabwean dollars:
>>
>> "17.1 The First Applicant's balance sheet at that point in time was
>> so bad that it was unable to obtain funds from any bank;"
>> http://rapidshare.com/files/152242138/NjiriSA.pdf
>>
>> Deloitte and Touche, Audited Financials of Econet Wireless Limited,
>> the only Econet company that could have claimed to their long lost
>> "Nigerian" operations that never were showing a mere turnover of
>> $8m at the time of licencing in 2003 when it was necessary to show
>> a consortium turnover of $100m which obviously the now insolvent
>> KNFC did not have:
>> http://rapidshare.com/files/152242139/Financials.pdf
>>
>> Fact 3:
>> Mwaura Njiri, Econet CFO since its early days, under penalty of
>> perjury admits the Econet licence was cancelled by the Minister for
>> Information and Communications despite his best efforts to prevent
>> cancellation:
>>
>> "32. Re Paragraphs 43
>> I admit the allegations contained herein and point out that when
>> this
>> eventuated Masiyiwa then requested me to assist the First Applicant
>> by
>> returning to Kenya and endeavouring to assist the Applicants by
>> requesting the Minister and the Kenyan authorities not to cancel
>> the licence.I agreed to so assist the First Applicant which then
>> provided me with the necessary air ticket to enable me to travel to
>> Nairobi together with the said Wazara for this purpose.While I
>> tried my best to so assist the First Applicant I was unsuccessful
>> in this regard."
>> http://rapidshare.com/files/152242138/NjiriSA.pdf
>>
>> Fact 4:
>> KNFC was essentially bankrupt or near bankruptcy at the time of
>> licensing
>> culminating in KNFC being declared financially insolvent in 2006.
>> Once again the regulator abandoned its fiduciary duties by
>> deliberately allowing parties who could not pay licence fees as
>> proscribed by the tender rules to be licenced contrary to public
>> procurement regulations.
>>
>> "The Minister for Co-operative Development Njeru Ndwiga yesterday
>> confirmed that the Federation, which was said to have owned as much
>> as
>> 80 per cent of Econet's bid for the their mobile licence, cannot
>> meet
>> its financial obligations.
>>
>> The union is indebted to the tune of Sh40 million against an asset
>> base of Sh25 million.
>>
>> The minister said the cash-strapped Federation cannot honour its
>> financial obligations that include Sh1.3 million in salary arrears,
>> a
>> Sh10 million loan from the Co-operative Bank, Sh5.6 million in
>> statutory deductions and Sh800,000 in lawyers' fees"
>> - The Standard 29/6/2005
>>
>> " KNFC has liabilities in excess of 64 million shillings against a
>> total asset value of 20 million shillings."
>> - 21/1/2006 http://www.kbc.co.ke/story.asp?ID=34599
>>
>> Fact 5:
>> The Chief legal representative of the Government of Kenya is
>> Attorney General, Amos Wako. In 2007, PS Ndemo purported to settle
>> a case the government had already won upholding the cancellation of
>> the Econet licence by the Minister of Information and
>> Communications. The PS further claimed to settle a case that Econet
>> was destined to loose following a court order ordering them to
>> deposit $15million as security for their $1 billion case against
>> the Minister. Econet could not conceivably pay the $15 million for
>> they still owed the government $12 million.
>>
>> Investigations are necessary to establish:
>>   a) Whether PS Ndemo upsurped the powers of the Attorney General
>>   b) What the Attorney General's role and legal rationale was in
>> arriving
>>     at the "settlement"
>>   c) Whether PS Ndemo acted against the interests of the Republic
>>   d) Whether PS Ndemo defied a binding and final ruling by Kenya's
>>     Judiciary
>>   e) Whether PS Ndemo through his actions committed abuse of abuse
>> as
>>     defined under the Economic and Anti-Corruption Act of 2003
>>   f) Whether PS Ndemo committed any other unlawful acts through is
>>     actions
>>   g) Whether PS Ndemo by trampling a bonafide court ruling and a
>>     Ministerial order contravened the Section 354 of Chapter XIII
>>     (Miscellaneous Offences Against Public Authority) of the Laws
>> of
>>     Kenya which in states:
>>
>>     "Any person who knowingly utters as and for a subsisting and
>> effectual document any document which has by any lawful authority
>> been ordered to be revoked, cancelled or suspended, or the
>> operation of which has ceased by effluxion of time, or by death, or
>> by the happening of any other event, is guilty of an offence of the
>> same kind, and is liable to the same punishment, as if he had
>> forged the document,"
>>
>> Visual proof of PS Ndemo signing the bogus "settlement agreement":
>> http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4
>>
>> It cannot be wished away that a legal precedent has already been
>> established in Kenya for Government officials who claim to have
>> been acting on orders from above that they remain responsible for
>> actions carried out on the basis of their own personal actions and
>> thus PS Ndemo bears absolute and full responsibility for appending
>> his signature to the sham "settlement agreement" that he appended
>> his signature to on "behalf" of the Republic:
>>
>> Magistrate Aggrey Muchelule had a stern warning to public officers:
>>
>> "It does not pay to take illegal orders from your superiors.
>> However highly placed, you will still be responsible in the
>> fullness of time."
>>
>> http://www.accessmylibrary.com/coms2/summary_0286-13141577_ITM
>>
>> http://news.bbc.co.uk/2/hi/africa/3591830.stm
>>
>> It took 14 years after the fact to sentence Somaia and Oluga for
>> their fraud against the Republic, public servants should not chide
>> theselves that the passage of time makes one's illegal actions
>> forgotten. Those they enable to engage in illegal acts might get
>> away but the public servant will nonetheless carry their own cross.
>>
>> Fact 6:
>> The Econet matter has recently been planned for Cabinet discussion.
>> This
>> warrants PS Ndemo's investigation for his role in disenfranchising
>> Kenyans and for continuing to make plans to legalise an illegal act
>> of disenfranchisement into law by arbitrarily gazetting regulations
>> that seek to place foreigners ahead of Kenyans:
>>
>> "When contacted, Nyagah confirmed he had received the letter from
>> the KNFC interim board, seeking their intervention on the issue of
>> the shares, and their participation in rolling out the third mobile
>> operator's services.
>>
>> Nyagah, whose main docket covers the co-operative movement, said he
>> would
>> address the concerns raised by KNFC at the Ministry and Cabinet
>> level."
>>
>> http://www.eastandard.net/InsidePage.php?id=1143995477&cid=14&j=&m=&
>> d=
>>
>> The Cabinet ought to act with no holds barred in looking into PS
>> Ndemo's
>> involvement in the matter as well as his recent pandering to
>> foreign interests at the expense of Kenyans. This is a serious
>> national security matter that involves critical infrastructure in
>> the country particularly coming at a time when foreigners
>> stranglehold exceeds 80% of the economy. The issue of allowing
>> foreigners to own 100% of ICT firms should be submitted to
>> Parliament for those are the elected representatives of the Kenyan
>> people, such critical decisions should not be left in the hands of
>> someone who recently signed away access to the Kenyan Economy to
>> Libyans and frequently echoes his admiration of foreigners. Let PS
>> Ndemo name the foreigners who have approached him and who despise
>> Kenyans so much that they would not dream of partnering with them:
>>
>> "This rule is messing us up in terms of investments. There are
>> large companies which want to invest in this country without
>> partnering with other individuals," Bitange Ndemo, permanent
>> secretary at the Information Ministry, said in an interview.
>>
>> http://africa.reuters.com/business/news/usnJOE4950WH.html
>>
>> Did PS Ndemo sign an agreement with Libyans promising them access
>> to sectors of the Economy? YES
>> http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4
>>
>> Fact 7:
>> In 2006, Econet rushed to court and obtained exparte orders against
>> the
>> Government and the regulator causing a stay of the Minister's
>> decision to cancel the Econet licence by the Minister of
>> Information and Communications. The presiding and ruling judge,
>> Justice Ibrahim Mohammed in his eventual ruling admonished Econet
>> for abusing the court process and upheld the Minister's decision
>> that cancelled the Econet licence while canceling the orders that
>> Econet had improperly obtain. Case No 1640 of 2004 in the High
>> Court of Kenya that the Republic won is the same case PS Ndemo
>> misled the nation was a case in progress that was to be settled:
>>
>> "Upon consideration, I am of the view that in effect, the Order No
>> 5 to all intents and purposes is an ex parte quia timet injunction
>> disguised as "an order of leave operating as a prohibition". This
>> Court has no jurisdiction to grant such an order in judicial review
>> proceedings and if it had, it has been granted improperly and in
>> breach of the principles of natural justice as there is no
>> returnable date for an inter partes hearing between the parties. It
>> is a permanent injunctive order which was given in violation of all
>> the cardinal principles of natural justice. To allow it to continue
>> to be in force for a minute longer would amount to a total
>> miscarriage of justice. This Court of course, cannot allow this to
>> happen. This court is supposed to be a harbinger and fountain of
>> justice and not a perpetrator of injustice."
>>
>> Entire Copy of Court Ruling upholding the Minister's decision thus
>> permanently cementing the fact that the cancelled Econet licence
>> remained indefinitely cancelled:
>> http://rapidshare.com/files/152242136/Econet_v_Minister.pdf
>>
>> Fact 8:
>> The Econet scam which the PS continues to deliberately aid was
>> named as scandal number 10 in Sir Edward Clay's list of 20 scandals
>> committed against the Republic:
>> http://rapidshare.com/files/152246719/20Scandals.pdf
>>
>> Only the tip of the iceberg...
>>
>> --
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>>
>>
>
>


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