[kictanet] Konza Land Issue

Thu Aug 9 11:43:53 EAT 2012

Sorry, I mean "persecution" not "prosecution" in my email below.
----- Original Message ----- 
From: "Gilda Odera" <godera at skyweb.co.ke>
To: <godera at skyweb.co.ke>
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Sent: Thursday, August 09, 2012 11:13 AM
Subject: Re: [kictanet] Konza Land Issue


> Ndemo,
>
> We all know your passion for this industry. My experience in the industry 
> is that those who have acted selflessly to pursue the growth and 
> development of the industry have undergone great prosecution- me included! 
> But I believe in two things:
>
> 1. The truth
> 2. God vindicates
>
> After all is said and done, and when one is no longer in the position, 
> those who fight you realise that indeed you were passionate and selfless- 
> and they find that you leave a huge gap. They probably will never tell you 
> to your face ( I know that from my experience) but deep down they know the 
> truth. I know how hurtful it feels when you have given your all but others 
> come to slander and spoil. But that is not your battle as long as you know 
> you walked the clean path.
> Do your part, let God do His part.
> All the best.
>
> Regards,
>
> Gilda
> ----- Original Message ----- 
> From: <bitange at jambo.co.ke>
> To: <godera at skyweb.co.ke>
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Sent: Thursday, August 09, 2012 8:43 AM
> Subject: Re: [kictanet] Konza Land Issue
>
>
>> Listers,
>> A number of you have independently asked me to clarify the Konza Land
>> issue that was in the papers yesterday.  Let me briefly explain the
>> problem.
>>
>> Prior to the purchase of Land we developed a conceptual framework on the
>> locationing of a tech city.  Here we largely relied on the work done by
>> Booz Allen.  Among other things research shows that a tech city must be
>> located at least 30 minutes from the airport and be in the outskirts of a
>> major city from where you can tap the human resource.
>>
>> With this we crafted a tender document that restricted the suitable land
>> within the parameters of the conceptual framework.  This was done openly
>> and we assumed it was indeed an open tender.  But it emerged that the
>> definition of open was to advertise land availability anywhere without
>> restrictions.  This grey area in the law is rediculous since land in 
>> Wajir
>> will have been of no use to us and as such we flouted the procurement 
>> law.
>>
>> After our competitive bid, we consulted with the Ministry of Lands to 
>> give
>> us the valuation of which the recommendation was Ksh. 200,000.  Since 
>> most
>> quotes were in the 300 range we focused on the most suitable piece and
>> offered to pay Ministry of Lands Valuation rate. In open tenders one is
>> not allowed to negotiate even when it is in the interest of the country.
>> Here it is said we manipulated the numbers.
>>
>> This clearly is a misunderstanding since we still have grey areas in the
>> Procurement Law.  Whereas KACC says we used direct or restricted 
>> tendering
>> to buying the land, our view was that the method was open since and one
>> that is in the interest of the country.
>>
>> We did indeed consult the AG's office if what we did was in order and we
>> were given the clear.  Much of this is done by various the departments 
>> but
>> I bear the ultimate responsibility.
>>
>> What is absurd is the fact that the Daily Nation decided to highlight 
>> this
>> issue while we were having the Konza conference here with international
>> investors.  This was the time we were telling investors that Kenya has
>> changed and corruption is being dealt with.  Well they did a great damage
>> to my reputation.  I read malice in the story since it is something that
>> has been around.  I would rather have taken a six month jail term than
>> mess up with a project that I have devoted my life to.  I have taken 
>> risky
>> decisions to have this project take off but it is now clear that we only
>> rejoice on successes.
>>
>> KACC has a right to question what we do and indeed in Teams they were on
>> our case all through until the project was complete.  The fact that they
>> question does not amount to corruption.  This is how we can change laws
>> and make them dynamic with changing times.  As much as I respect the
>> Media, in this case they hurt my character dearly yet what I did was 
>> right
>> and hoped we can change the law for future rational decisions.  Never in
>> my public life have I tried to do something that is not in the interest 
>> of
>> the country.
>>
>> Ndemo.
>>
>>
>>
>>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform 
> for people and institutions interested and involved in ICT policy and 
> regulation. The network aims to act as a catalyst for reform in the ICT 
> sector in support of the national aim of ICT enabled growth and 
> development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors 
> online that you follow in real life: respect people's times and bandwidth, 
> share knowledge, don't flame or abuse or personalize, respect privacy, do 
> not spam, do not market your wares or qualifications.