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

Sat Oct 11 18:21:11 EAT 2008

Friends,

Beyond question, Kenyans have a right  to seek information as well clarity
on any issue pertinent to the ICT sector.That right includes expressing
views on matters where in ones opinion a route less than optimal in their
opinion has been followed. The freedom of expression is not a preserve to
any individual or group. But as a necessity such fundamental rights must be
exercised within some confines of responsibility, propriety and decorum.

Without over generalizing, this is the first time that allegations have been
pursued with profundity, relentlessness and zeal of a unique magnitude and
has been extended beyond KICTANET. For I have personally received similar
messages in my other mail accounts that are not subscribed to this forum.
The personalized overtones that have accompanied the pursuit of this matter
whose goal is yet to be specified can neither be denied nor ignored.

What is not in dispute is that the drivers of these allegations have their
issues mixed up.At one point their claim is on MOUs, the next is on
localization and at times its on "crooks" and so on. In a nutshell; alot of
generalities and unguided missile whose clear intention is to finish
somebody in one way or the other. Its so evident that there is an unwavering
struggle to demonise the PS by depicting him in bad light. Since then, the
PS has come out clearly on all points of accusations never mind that all the
allegations are anchored on conjecture.

On this basis and on the premise of objectivity, one canly conclude that the
authors of these allegations are at best riding on the back of far fetched
malice and wallowing entirely in the miasma of hollow vendetta.The alarmist
tell tales (Whistle blowing/Whistling) should be dismissed with all the
contempt they deserve.

Kamotho Njenga

On Sat, Oct 11, 2008 at 6:12 AM, <mwananchi at hushmail.com> wrote:

> Dear Eric,
>
> Some weekend reading for you, this article was directed at NEPAD
> and the then Finance Minister and it covers some of the issues we
> have been discussing.
>
> Africa, Kimunya should seek monetary policies that serve local
> interests
> http://www.bdafrica.com/index.php?option=com_content&task=view&id=82
> 62&Itemid=5821<http://www.bdafrica.com/index.php?option=com_content&task=view&id=8262&Itemid=5821>
>
> "This, however, remains the quintessential question of African
> development: how to achieve economic independence in an
> international and regional context where the profit motives of most
> investors and lenders rarely correspond to our growth and
> development goals."
>
> We simply cannot achieve economic independence when over 80 percent
> of the economy is in the hands of foreigners more so non Africans
> and PS Ndemo now wants to eliminate indigenous ownership
> requirements. Local ownership requirements did not deter the
> credible and serious Zain's, Vodafone's, France Telecom's, Altech's
> of this world from coming into Kenya. Has PS Ndemo forgotten that
> Kenya's FDI in the last year rose by over 1300 percent?
>
> Is it fair that some local individuals could use multiple separate
> companies in which they have substantial shareholding so as to
> maximize their effective share of TEAMS while other legitimate
> local and international investors are locked out? These and other
> criteria (total beneficial ownership etc) need to be looked at and
> analysed to get to the core of the matter.
>
> It is a pity that PS Ndemo seems to believe that it is a bad thing
> when Peterson asks the Government to listen to local investors and
> take their interests into consideration while striking a balance in
> the same way he listens to foreign investors and makes arbitrary
> non-consultative policy changes just because the Nesbitt's of this
> world (who already have a tax holiday) have already arm twisted him
> behind closed doors into submission. We want these unnamed vested
> interests to take their case to the Kenyan public and to stop
> coercing public servants behind closed doors, if they can convince
> the public openly that what they need is good for Kenya then the
> public through their representatives will effect such changes
> openly and transparently.
>
> As for the other matters, they don't require endorsement or
> agreement, the facts stand on their own, they are facts anyone can
> verify by going to the High Court registrar, providing the case
> number and obtaining the same documents and rulings. The near
> collapse and disrespect of our institutions is as a result of the
> permeation and embrace of a culture of impunity. If these
> institutions were respected by among others, PS Ndemo, it would not
> be an issue affecting the nation.
>
> I challenge anyone with any contradicting documents to dispute the
> facts by presenting the same rather than attempting to assassinate
> the messenger for blowing the whistle.
>
> Have a good weekend.
>
> Regards,
>
> Peterson
>
> On Fri, 10 Oct 2008 15:38:36 +0000 "Eric M.K Osiakwan"
> <emko at internetresearch.com.gh> wrote:
> >Dear Peterson,
> >
> >I go with you on the wheel that the vested interest of the country
> >in
> >paramount.....
> >
> >The elements of my case though disappointing, i went with the
> >established criteria since was applied across board but then in
> >the
> >situation where most of the local companies are majority owned by
> >non-
> >Africans, then one needs to look into the criteria again.
> >
> >The larger question, we need to raise is how do we ensure that the
> >
> >interest of other African investors can be unheld in another
> >African
> >jurisdiction, in the context of developing Africa by Africans. You
> >
> >know the TEAMS process is still ongoing so lets allow the
> >establish
> >procedures and policies to work, am patient and dont have any hard
> >
> >feelings at all.
> >
> >The other big question that we need to answer is, these huge
> >infrastructure projects require huge sums of money, personally am
> >not
> >a deep pocket in that sense but at least i can raise the money,
> >may
> >be from another African country or worse case outside the
> >continent
> >if the amounts are way over. The TEAMS model where public funds
> >are
> >used to underwrite the risk in order to ensure that the entry
> >barriers for investment are  minimised so local investors and
> >entrepreneurs can participate are innovative and i personally want
> >to
> >give the TEAMS model a chance to succeed. We as Africans need to
> >evolve solutions to our unique problems, ofcourse borrowing in
> >same
> >cases from others who have gone ahead.
> >
> >Unfortunately, i would have to distant myself from some of the
> >allegations though you establish them on factual basis, it would
> >be
> >good for the right authorities to follow it through so that we
> >have
> >conclusive situations. Also, those involved must be given a chance
> >to
> >present their side of the argument so that those in this forum can
> >be
> >more knowledgable. Again, if we can keep it tactful, then the
> >common
> >good is preserved for the sake of posterity.
> >
> >Have a good weekend, good people.
> >
> >
> >
> >On 10 Oct 2008, at 20:16, mwananchi at hushmail.com wrote:
> >
> >> Dear Eric,
> >>
> >> At the end of the day, Kenyans only want the best for our
> >nation.
> >> Kenyans certainly are not against beneficial foreign direct
> >> investment and welcome it provided it is conducted under
> >policies
> >> that result in a win-win situation for Kenyans and the investor.
> >> Unfortunately the country's policies particularly those being
> >> fronted now do not reflect that wish, which is why it is
> >important
> >> that the Government pay attention to what local and would be
> >> international investors are saying and strike a balance that is
> >a
> >> win-win for both.
> >>
> >> In your case, had PS Ndemo stuck with his proposal that he made
> >in
> >> 2007, Internet Research would not be experiencing any hurdles.
> >The
> >> local component would also have been preserved in a manner not
> >> detrimental to your company.
> >>
> >> I hope that PS Ndemo will address the issue of your company.
> >Kenya
> >> as an African country should not be deterring Kenyan or any
> >other
> >> African investors who are credible and who operate and respect
> >our
> >> laws and institutions instead of trampling them underfoot and in
> >> the one case that has been mentioned, deliberately failing to
> >meet
> >> their obligations for over 4 years. These are the same types of
> >> investors who have been rejected by Altech, the nations of Papua
> >> New Guinea, Malawi, Nigeria. The same characters who failed to
> >meet
> >> their licence obligations for years in New Zealand and were
> >lucky
> >> to get token percentage ownership of what was left when credible
> >> investors took over and who in Lesotho have been engaged in tax
> >and
> >> roaming link frauds.
> >>
> >> http://rapidshare.com/files/152715858/fraud_in_lesotho.pdf
> >>
> >> They finally found a safe haven to land in Kenya embraced by a
> >> culture of impunity where it does not matter if you meet your
> >> obligations or if you operate with cancelled licences provided
> >> powerful vested interests pave and coerce the way for you.
> >>
> >> When we reject investors whom we know such as Eric and embrace
> >> undesirable investors instead, it shows why we precisely are
> >> lagging behind in FDI. Indeed if Kenya gave investors 5 years as
> >it
> >> did in this particular case to pay licencing fees, the country
> >> would be overwhelmed with numerous investors. As the occassion
> >of
> >> Moi Day graces us today, the Moi government despite its many
> >flaws
> >> was quick to realize what type of animal this was and correctly
> >> rejected them not just once but twice.
> >>
> >> Peterson
> >>
> >> On Fri, 10 Oct 2008 03:31:48 +0000 "Eric M.K Osiakwan"
> >> <emko at internetresearch.com.gh> wrote:
> >>> Dear Peterson,
> >>>
> >>> Thanks for establishing a set of facts and am sure the right
> >>> people
> >>> would respond to the issues you have riased. I hope the
> >discussion
> >>>
> >>> would continue on a factual basis and not degenerate.
> >>>
> >>> I want to also present one set of facts regarding my
> >participation
> >>> in
> >>> the TEAMS project. My company, Internet Research went through
> >the
> >>>
> >>> entire process and indeed qualified to be allocated shares but
> >at
> >>> one
> >>> of the proposed shareholders meeting, the issue of local
> >ownership
> >>>
> >>> came up.
> >>>
>
> --
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