[kictanet] MPESA - Monopolies commission

[Walubengo J]

Thanks Eng. Kariuki.

quite useful pointers. Especially the competition bill which I hope is the right one @ http://www.kenyalaw.org/Downloads/Bills/2009/200903.pdf

regards.

walu.

--- On Wed, 9/30/09, John Kariuki <ngethe.kariuki2007 at yahoo.co.uk> wrote:

> From: John Kariuki <ngethe.kariuki2007 at yahoo.co.uk>
> Subject: Re: [kictanet] MPESA - Monopolies commission
> To: "Walubengo J" <jwalu at yahoo.com>
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Date: Wednesday, September 30, 2009, 9:05 AM
> Walu,
> Regarding fundamentals,
> 
> 1. We should ask if there is need for regulation in the
> first place. If the answer is YES.Then we must ask what to
> regulate and what PUBLIC INTEREST issue we are
> addressing.Remember, there should be no regulation for the
> sake of regulation! 
> 2. There need not be one regulator. It is possible to have
> more than one.It is called CON-CURRENT
> JURISDICTION.However,it is important to clearly define the
> relationships in this latter situation.
> 3. Regarding dominance in ICT sector , please see The Kenya
> Communications (Amendment) Act, 2008 Section 84(4).
> 
> 4. Regarding Competition issues in general, these are best
> dealt with in a Competition law.I have seen some attempts in
> this matter.Please get a copy of THE COMPETITION BILL,2009 ,
> dated 30th April 2009 which is before Parliament.
> 
> I hope I have been of some
>  assistance.
> 
> Eng.J.N.Kariuki
> 
> --- On Tue, 29/9/09, Walubengo J
> <jwalu at yahoo.com> wrote:
> 
> From: Walubengo J <jwalu at yahoo.com>
> Subject: Re: [kictanet] MPESA - Monopolies commission
> To: ngethe.kariuki2007 at yahoo.co.uk
> Cc: "KICTAnet ICT Policy Discussions"
> <kictanet at lists.kictanet.or.ke>
> Date: Tuesday, 29 September, 2009, 10:39 AM
> 
> Bob, I would look at the
> fundamentals.
> 
> 1. who should regulate MPESA/ZAP phenomena (CCK? Central
> Bank, both, etc?)
> 2. what makes a player dominant and when is a player deemed
> to be abusing their dominant position?
> 3.. what (legal/regulatory) options are available to
> whichever regulator in containing a hostile dominant player
> 4. is there sufficient (political) guts to make a ruling?
> 
> i have no answers, just thinking
>  loudly.
> walu.
> 
> 
> --- On Tue, 9/22/09, robert yawe <robertyawe at yahoo.co.uk> wrote:
> 
> > From: robert yawe <robertyawe at yahoo.co.uk>
> > Subject: [kictanet] MPESA - Monopolies commission
> > To: jwalu at yahoo.com
> > Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> > Date: Tuesday, September 22, 2009, 8:10 PM
> > Hi,
> > 
> > I have been monitoring the growth of MPesa and I am
> getting
> > concerned that we shall soon be held ransom if its
> growth is
> > not monitored and their none competitive
>  activities
> > stopped.
> > 
> > We are more concerned about number portability yet
> this
> > will only benefit a few foreign investors yet mpesa
> has
> > become so 
> > 
> > pervasive  
> > 
> > yet the tax consuming regulators do nothing to protect
> the
> > consumer.
> > 
> > The success of safaricoms mpesa has been so meteoric
> that
> > it has scollen their heads to the point that there
> officers
> > have become more powerful than the dreaded mungiki. 
> > They determine who can open an outlet where and which
> outlet
> > will be shutdown.
> > 
> > On the other extreme is the terms that the agents are
> > giving such as they cannot provide the services of a
> > competing provider.  Imagine if KCC or Elliots
> wher
> > giving the power to determine who can ot cannot sell
> their
> > products and also require that you do not sell a
> competing
> > product where
>  would the milk and bread industry be today.
> > 
> > If even KBL realised that a retailer must be free to
> decide
> > which products to sell and not be bullied into selling
> the
> > products of a particular brewer.  
> > 
> > Competition is about a level playing field of which
> the
> > money transfer business it not, why should a
> grandmother in
> >  Budalangi or Kangaita who has a Zaine line be
> denied the
> > opportunity to receive funds from her grand children
> because
> > the only shop keeper within a 5 KM radius of her home
> is not
> > allowed to offer multiple money transfer products, yet
> he
> > can sell Tuzo, Brookside, Fresha, Haifa or any other
> brand
> > of milk.
> > 
> > We are regressing very first and unless the regulators
> do
> > what they are paid to do with our hard earned taxes
> then we
> > soon shall be be cornered.  This keeps looking
> like the
> > mark of the
>  demon that is quoted in the bible.
> > 
> > Somebody stop this madness.
> > 
> > Robert Yawe
> > 
> > KAY System Technologies Ltd
> > 
> > Phoenix House, 6th Floor
> > 
> > P O Box 55806 Nairobi, 00200
> > 
> > Kenya
> > 
> > 
> > 
> > Tel: +254722511225, +254202010696
> > 
> > 
> > 
> > 
> >       
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