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

Mon Oct 13 17:51:39 EAT 2008

Seems like the polemical arsenal and vitriol is now shifting towards my
direction. I humbly rest my case on this issue. Another topic might be a
better idea for us.

Kamotho Njenga

On Sat, Oct 11, 2008 at 8:30 PM, <mwananchi at hushmail.com> wrote:

> Kamotho,
>
> If the issues are too intertwined for you to follow then you should
> say so and ask for simplification to enhance your ability to follow
> through and distinguish what is what.
>
> Nonetheless, has PS Ndemo denied the occurrence of any the facts?
> What PS Ndemo has, is a different interpretation of the facts and
> how they took place. There is no issue personally with PS Ndemo,
> what there are issues with are specific actions he is carrying out
> while in his capacity as a public servant.
>
> - Ndemo admitted he signed an MOU with Libyans.
>
> - Ndemo admitted that before he left for Malaysia he made
> pronouncements
>  about changes in local shareholding requirements
>
> - Ndemo admitted he signed a "settlement agreement" with a certain
>  foreign company
>
> - Ndemo admitted there are problems with current investment policies
>
> PS Ndemo is public servant who serves the Kenyan public not just
> special interests in Kictanet. If other Wananchi have found it on
> their own accord to forward discussions to other forums then do
> your duty to take it up as an issue on those forums. As PS Ndemo
> says, there is nothing to hide! In the same spirit of openness,
> Ndemo's response has also been cross posted on other discussion
> lists by other listers who saw it fit to do so.
>
> You see Kamotho, you've not presented a single iota of evidence or
> fact, just empty rhetoric and belligerence. If you have any facts,
> have conducted any investigations, gone to the relevant High Court
> registrars, consulted the Attorney General, gone to archives to
> determine whether what Ndemo said has been manufactured and
> contradicts what has been shared here, then by all means speedily
> share the documents and facts, debunk each specific fact and let
> these matters be put to rest.
>
> PS Ndemo is free to start a lawsuit against the High Court of South
> Africa, the High Court of Kenya and any other party all from which
> the facts have been sourced from so that the same facts can be
> gladly repeated and established under oath and public record. It is
> however understandable that belligerent empty rhetoric seems to be
> the only defence one can possibly turn to in a feeble attempt of
> censorship when faced with indisputable facts. Good day.
>
> Peterson
>
>
> On Sat, 11 Oct 2008 15:21:11 +0000 kamotho Njenga
> <kamothonjenga at gmail.com> wrote:
> >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=8
> >2
> >>
> >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.
> >> >>>
> >>
> >> --
> >> Learn from the comfort of your home.  Choose your degree and
> >receive a free
> >> info pak.
> >>
> >>
> >http://tagline.hushmail.com/fc/Ioyw6h4eS5zglpKiYQ1E4QV7ya3V7OQilSPt
> >QZA6nTe5QdbJulIxcO/
> >>
> >>
> >> _______________________________________________
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> >>
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