[kictanet] [ke-internetusers] Re: PS Ndemo, ECONET Scandal aand Vested Interests

mwananchi at hushmail.com mwananchi at hushmail.com
Fri Oct 10 06:10:04 EAT 2008


John, 

Dr. Bonny Khalwale on Wednesday in parliament as Chairman of the 
Parliamentary Accounts Committee in Parliament questioned why the 
Government, presumably through the Info. and Comm. and other 
related dockets was jeopardising our national security by selling 
shares in the telecoms sector to foreigners. 
http://www.nation.co.ke/News/politics/-/1064/478582/-/ywrqttz/-
/index.html

Dr. Khalwale was obviously not aware of PS Ndemo's latest and 
seemingly hurried initiative to abolish local shareholding 
requirements in the ICT sector and it should no doubt be brought to 
Parliament's attention and the public's notice. 
http://africa.reuters.com/business/news/usnJOE4950WH.html

It is time PS Ndemo presented himself in his official capacity to 
Kenyans before the Parliamentary committee and named the foreign 
companies that have threatened not to invest in Kenya because they 
cannot allegedly partner with Kenyans! Kenyans should never condone 
blackmail, let alone from foreigners whose sole goal is to make hay 
while the sun shines from Kenyans without engaging in knowledge and 
technology transfer, indigenous wealth creation and other derived 
benefits that newly industrialised countries (China, India etc) 
have reaped from enforcing local ownership requirements.

It is time such critical decisions that affect the nation were 
taken out of the hands of individuals who through possibly coerced 
strokes of pens to gazettements seriously compromise the nation's 
march to progression in indigenous ownership of sectors of the 
economy. Such critical decisions should belong in the hands of 
Wananchi through Parliamentarians who should debate and ratify such 
critical and arbitrary gazettements.

Recently we saw the results of ill advised policies that favour 
foreigners at the expense of indigenous Kenyans. We saw Safaricom's 
share price become thoroughly depressed by foreigners who were in a 
rush to dump the shares. The greatest sufferers were local 
investors many of whom were already short changed with their paltry 
21 percent share allocation. Yet the powers that be, sought to 
favour foreigners who have no allegiance to the nation at the 
expense of Wananchi. 

What has PS Ndemo done to improve and increase local ownership in 
the ICT sector before concluding that such efforts and approaches 
were futile and that Kenyans were useless investors? If Ndemo truly 
had the interests of Kenyans at heart he wouldn't be putting 
foreigners ahead of Kenyans! Similarly why has Ndemo been appending 
his signature to documents that favour Libyans amongst other 
foreigners that undermine Wananchi while holding a public office 
that demands maintaining public trust and protecting public 
interest?
http://www.eastandard.net/InsidePage.php?id=1143990641&cid=4

The Law regarding Acting on behalf of foreigners interests: 
http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis
toryID=12838
 
Why is PS Ndemo purporting to fix what is not broken? Kenya 
recorded a 1330% increase in FDI in 2007, perhaps PS Ndemo could be 
excused for the oversight at the time of his arbitrary 
pronouncement. Surely something must be working right.. 

  http://africa.reuters.com/country/TZ/news/usnLO172755.html
  The report showed that FDI to Kenya rose to $728 million in 
  2007 compared with $51 million in the previous year, a rise 
  of close to 1,330 percent. "Kenya's FDI increased due to 
  large privatisation sales in the telecommunications industry 
  and investment in railways," Naiko said.

The Econet sham has been misused repeatedly by PS Ndemo as the 
reason for his rationale in first reducing local shareholding 
requirements from 30%, down to 20% and now to his envisioned ZERO%. 
Instead of looking at the root cause of the matter which are 
unfavorable policies towards local investors, a hostile lending 
environment towards startups, poor vetting, poor tendering 
procedures, poor due diligence and irregularities by the regulator 
and reforming those, he appears keen to lambast and blame anything 
and everything else on Wananchi rather than address the root causes 
by instituting and promoting professional changes and improvements 
in the afflicted public institutions. Indeed how did bankrupt KNFC 
and Econet meet the US$100m threshhold of turnover for tendering 
when Deloitte and Touche audited accounts show Econet's largest 
operation (before they were bundled out of Nigeria for not having 
paid for their shares) having a turnover then of a mere US$8 
million and KNFC's total assets valued at Ksh 20million as of 2006? 
The poor financials and the exercise of due care in conducting due 
diligence by the regulator are the reasons why the licence fee 
could not be paid to the GK within the proscribed period and it has 
nothing to do with the vast majority of local investors whom Ndemo 
is trying to vilify. PS Ndemo and Treasury should let the public 
know if Econet has forfeited and paid in full its US$1.3 million 
bid bond to the exchequer for failure to pay the licence fees in 
cash as required: 

Audited Financials:
http://rapidshare.com/files/152242139/Financials.pdf
Miscellaneous:
http://rapidshare.com/files/152242138/NjiriSA.pdf
http://rapidshare.com/files/152242137/EconetSA.pdf

For all we know PS Ndemo could have been misled by vested and 
powerful interests in the matter. Naturally the principles of 
justice dictate that he ought to be given the accordance of the 
benefit of doubt but if his deliberate actions show otherwise then 
the wheels of justice must run their course. If it takes 14 years 
as it did for the eventual trial and judgement of Oluga and Somaia 
for fraud against the Republic, then so be it.

This is why if Ndemo is indeed innocent, he should not hesitate to 
speedily request KACC, the CID, Kenya's numerous independent anti-
corruption organisations, any willing international partners with 
forensic investigation capacities, members of the public to work 
towards investigating the matter. It is also important that the PS' 
accomplishments on behalf of the nation are not blighted by a few 
but serious malfeasances if he was indeed misled. PS Ndemo's 
involvement in the matter is a serious issue considering what the 
law states about deliberately subverting directives and rulings 
such as the Minister's cancellation of the licence, given that 
deliberate ignorance of court rulings and Ministerial cancellations 
is classified under law as fraud.

The law as regards Misleading the public: 
http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis
toryID=12843

Section 354 of Chapter XXXV (Miscellaneous Offences Against Public 
Authority) of the Laws of Kenya: 

    “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,”    
http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis
toryID=9961

Amos Wako as the AG should let Kenyans know whether he was 
consulted by PS Ndemo, what his legal opinion was if any, by 
releasing the relevant correspondence, and if so, what rationale he 
employed in purporting to settle a case the Government had already 
won through a final court ruling! 

Judge's final Ruling upholding cancellation of licence:
http://rapidshare.com/files/152242136/Econet_v_Minister.pdf

video of PS Ndemo personally signing the sham "settlement 
agreement":
http://rapidshare.com/files/152229210/en_bs_250707_econectknfc.mp4

Laws of Kenya regarding the Giving of advice:
http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHis
toryID=12842

AG Wako has shown previously that in matters where the Government 
will ultimately prevail, the Government will not hesitate to uphold 
the public interest even where the outcome could embarrass the 
executive as was the unprecedented case of Kenya Duty Free v GK 
where the Government's winning defence was that the former 
President had taken a US$2 million bribe from the applicant. 
http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=10
19

It is an inescapable fact that PS Ndemo seems to wish away that the 
Econet licence was Scandal number 10 in Edward Clay's list of 20 
scandals committed against the nation:
http://rapidshare.com/files/152246719/20Scandals.pdf

What happened to Ndemo's rather reasonable previous requirement in 
2007 about local ownership, did vested foreign and "local - 
Mobitelea like" interests twist his arm and coerce him to change 
his mind??

  What we are saying is that a foreign investor needs time to 
  (get to) know whom he can work with," Ndemo says. "In three 
  years he can do a private placement or in five years do an 
  IPO (initial public offering) or introduce employee option 
  plans, but they must give 30 per cent to locals."

The issues are very simple, Ndemo should come clean and cease 
condoning and abetting the commission of illegal acts against the 
public trust and interest that involve a permanently CANCELLED and 
thus null and void license; open the matter to public scrutiny and 
investigation and mostly importantly it is his duty as a Kenyan to 
find constructive ways of promoting indigenous Kenyan ownership 
instead of working day and night to find ways to increase ownership 
by foreigners at the expense of Wananchi. It is indeed absurd that 
when Mama Mboga attempts to make a living without having a valid 
licence, she will certainly face the wrath of askaris, how 
foreigners can blantantly walk into Kenya, disenfranchise their 
local component with blessings from vested interests and when their 
licence is cancelled continue to operate without a valid licence 
and without a new tender being called reeks of impunity at best. 

When 48 members of Parliament in 2003 rose up to be counted, they 
surely knew what the animal they were pointing out, the same animal 
that now disrespects Kenyan institutions as it continues to run 
around while flashing a long cancelled and now null and void 
licence as part of a grand and colossal fraud.
http://www.telegeography.com/cu/article.php?article_id=2030

Peterson Olale

On Thu, 09 Oct 2008 15:59:44 +0000 John Maina <j.maina at ymail.com> 
wrote:
>Brian
>
>We dont dispute that.
>
>We are asking about the fact that the government is ignoring court 
>injuctions which were shown there
>
>Why ignore court cases?
>
>JM
>
>----- Original Message ----
>From: Gakuru Alex <alexgakuru.lists at gmail.com>
>To: j.maina at ymail.com
>Cc: kictanet at lists.kictanet.or.ke
>Sent: Thursday, October 9, 2008 4:54:50 PM
>Subject: Re: [kictanet] Econet Haters.... :-D
>
>Brian,
>
>As kictanet chairman with all the 'forum powers',  I honestly feel
>that it is unfair for you to drag on this conversation at least 
>from a
>"fair play" perspective....
>
>If you choose not to kill the thread, at least you should avoid 
>being
>a discussant?
>
>regards,
>
>Alex
>

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