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

John Maina j.maina at ymail.com
Thu Oct 9 17:16:17 EAT 2008


Did we expect something different? Utoto and we know that is why you can rhyme with your ilk much. 


----- Original Message ----
From: Brian Munyao Longwe <brian at caret.net>
To: John Maina <j.maina at ymail.com>
Cc: Gilda Odera <gildaodera at gmail.com>; "godera at skyweb.co.ke" <godera at skyweb.co..ke>; "bitange at jambo.co.ke" <bitange at jambo.co.ke>; alice <alice at apc.org>; Mark Matunga-Microsoft <mmatunga at microsoft.com>; Matunda Nyanchama <matunda at matunda.org>; Joseph Manthi <jmanthi at gmail.com>; Justin Mburu <jt.alliance at gmail.com>; Japheth kemboi <kipkirui2002tz at yahoo.com>; Jorum <odiemo at gmail.com>; joseph james <jjngatia at gmail.com>; Caroline Kekobi <caroline at kekobi.or.ke>; KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>; amosoba at ict.go.ke; Gakuru Alex <alexgakuru.lists at gmail.com>; Thomas A. Senaji <tasenaji at gmail.com>; John Walubengo <jwalu at yahoo.com>; Wambui Wakarema <wambuiwakarema at yahoo.co.uk>; Crystal Watley <crystal at voicesofafrica.org>; nicholasnesbitt <nnesbitt at kencall.com>; Shem Ochuodho <shemochuodho at yahoo.com>; Mike Theuri <mike.theuri at gmail.com>
Sent: Thursday, October 9, 2008 3:17:57 PM
Subject: Econet Haters.... :-D


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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