[kictanet] Fwd: Konza Land Issue Attn Matunda and Ali
Ali Hussein
ali at hussein.me.ke
Mon Aug 13 07:51:38 EAT 2012
Lucy
Couldn't have put it better. Let's all get on with it then and report back?
Timelines?
Ali Hussein
On Mon, Aug 13, 2012 at 7:32 AM, Lucy Kimani <lkimani at yahoo.com> wrote:
> PS Ndemo, Ali and Matunda,
>
> It appears we have multiple plans of action from all your suggestions:
>
> 1) Op-Ed piece in support of Konza, to include a problem statement on the
> impact of the current procurement law in impeding economic progress vis-vis
> advance a case for reform;
> <Matunda>
>
> 2) Expanded mandate for #140Friday to include analysis of procurement law;
> <Ali/Brian>
>
> 3) Macharia Gaitho and team to carry out a comprehensive analysis of
> procurement law focusing on the root cause and highlighting of resulting
> ironies;
>
> 4) White paper and recommended changes
> <TBD>
>
> 5) Feedback/thoughts on above
> <All>
>
> Sent from my iPad
>
> On Aug 12, 2012, at 7:18 PM, Ali Hussein <ali at hussein.me.ke> wrote:
>
> > Daktari
> >
> > I agree with you entirely. The industry was attempting something on
> procurement through the #140Friday discussion group. May be we should
> expand that mandate?
> >
> > Ali Hussein
> >
> > +254 773/713 601113
> >
> > Sent from my iPhone®
> >
> > On Aug 13, 2012, at 12:07 AM, bitange at jambo.co.ke wrote:
> >
> >> Lucy,
> >> I think we can do more than simply dealing with my issue. The root
> cause
> >> of the problems in this country is the Procurement Law. It was designed
> >> to stop former President from stealing. It is the same law today we are
> >> using to implement Vision 2030. Today's Nation reports on tender
> >> cancellation on the greenfield airport. This is the time neighbouring
> >> countries, Ethiopia and Rwanda are building new airports double the size
> >> of JKIA in order to create a real hub. We reisk being relegated to some
> >> small destination when we have always let with big dreams as a hub.
> >>
> >> Just last week the IEBC tender was cancelled because the law is not
> >> enabling and risk eroding credibility in this agency as we approach the
> >> elections. Public sector is not spending on key projects simply many
> >> accounting officers fear arrest. I recall in TEAMS we had to go to
> Dubai
> >> in order to negotiate downwards the bid from Al Catel Lucent since our
> law
> >> had no provision for negotiation. This is how the project was finished
> >> below budget.
> >>
> >> The other day we were informed of a department that buys a packet of
> milk
> >> for Ksh. 300 which you can purchase at Uchumi for Ksh. 40 and all is
> legal
> >> through open tender. No media has ever attempted to analyze this law
> >> which reduces everybody into a robot. There is no rational thinking.
> At
> >> one time I tried to reprimand my officers for buying expensive toilet
> >> paper but I was told I risk breaking the law. I could not for example
> >> take an advance to buy the toilet papers directly from Uchumi. Here I
> >> will have broken the law by single sourcing from Uchumi.
> >>
> >> In my view if we want to help our country prosper, let us ask Gaithu and
> >> team to conduct a comprehensive analysis of this Law and highlight its
> >> ironies. We then prepare a white paper and seek the changes in the law
> >> and automate processes to allow the public to see how their resources
> are
> >> spent. Mukhisa Kituyi attempted show the problem in today's Nation.
> >>
> >>
> >> Ndemo.
> >>
> >>
> >>
> >>
> >>
> >>
> >>> Ali,
> >>>
> >>> Great, I will MPESA my donation. Your point re accountability is fair
> and
> >>> well taken, and I hope the KICTANET officials will be willing to
> provide
> >>> us with details on how supporters of the Konza rebuttal can remit their
> >>> donations. In the meantime, please collect what is sent your way and
> you
> >>> can then submit to KICTANET if they are in agreement.
> >>>
> >>> Sent from my iPad
> >>>
> >>> On Aug 11, 2012, at 9:17 PM, Ali Hussein <ali at hussein.me.ke> wrote:
> >>>
> >>>> Lucy
> >>>>
> >>>> Wiling and ready! Probably a good idea though to have an institution
> >>>> like Kictanet do that? So that there is accountability? Any which way
> >>>> I'm ready to support.
> >>>>
> >>>> Thanks
> >>>>
> >>>> Ali Hussein
> >>>>
> >>>> +254 773/713 601113
> >>>>
> >>>> Sent from my iPhone®
> >>>>
> >>>> On Aug 11, 2012, at 7:52 PM, Lucy Kimani <lkimani at yahoo.com> wrote:
> >>>>
> >>>>> Warigia, while I echo your sentiments in support of PS Ndemo, the
> >>>>> activist in me is wondering why we can't do more... For example I
> >>>>> nominate Chief Matunda to draft an "Oped" in rebuttal based on PS
> >>>>> Ndemo's piece and the supporting posts to be signed by the KICTAnet
> >>>>> Community and Vision 2020, and any other entities..
> >>>>>
> >>>>> Ali not to pick on you, but I believe Warigia and I are over the seas
> >>>>> so would you be willing to act as the treasurer and all supporters
> can
> >>>>> MPESA you their donations for an "AD buy" for the Konza Rebuttal...
> >>>>>
> >>>>> Sent from my iPad
> >>>>>
> >>>>> Begin forwarded message:
> >>>>>
> >>>>>> From: Warigia Bowman <warigia at gmail.com>
> >>>>>> Date: August 11, 2012 10:31:08 AM EDT
> >>>>>> To: lkimani at yahoo.com
> >>>>>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> >>>>>> Subject: Re: [kictanet] Konza Land Issue
> >>>>>>
> >>>>>> Dear Daktari Ndemo
> >>>>>>
> >>>>>> I am really sorry this has happened to you. As I said to one of my
> >>>>>> coworkers, if every permanent secretary were like Bitange Ndemo,
> Kenya
> >>>>>> would be in good shape politically and economically.
> >>>>>>
> >>>>>> I join my colleagues in extending my support and loyalty.
> >>>>>>
> >>>>>> Sincerely, Warigia
> >>>>>>
> >>>>>> On Sat, Aug 11, 2012 at 8:56 AM, John Kieti <jkieti at gmail.com>
> wrote:
> >>>>>> Bwana Ndemo, et al
> >>>>>>
> >>>>>> The many of us in support may not be individually as powerful as the
> >>>>>> few 'powerful' forces against you. That said, our combined support
> >>>>>> will be too strong to wish away for any 'evil' force.
> >>>>>>
> >>>>>> Just tell us when and how to engage ...
> >>>>>>
> >>>>>> On Aug 10, 2012 10:17 AM, "Ali Hussein" <ali at hussein.me.ke> wrote:
> >>>>>> Daktari
> >>>>>>
> >>>>>> Let me add my voice of support on this.
> >>>>>>
> >>>>>> There's a saying that one of the most vulnerable moments in aviation
> >>>>>> is when a plane is taking off and about to land. That's where I
> think
> >>>>>> Konza Techno City is. We must all in any way we can continue to
> >>>>>> support this model of progress in Africa.
> >>>>>>
> >>>>>> Daktari, having said that you didn't really think that it was going
> to
> >>>>>> be easy right? The forces of darkness and quick bucks will not let
> it
> >>>>>> be unless they have their pound of flesh. Unfortunately the same
> tools
> >>>>>> that progressive forces use to move their agenda are the same tools
> >>>>>> available for the forces of retrogression.
> >>>>>>
> >>>>>> This country has turned the corner for the better. The rule of law
> >>>>>> actually has a chance to thrive. Hang in there..And as the good
> bible
> >>>>>> says - The truth shall set you free!
> >>>>>>
> >>>>>> Ali Hussein
> >>>>>>
> >>>>>> +254 773/713 601113
> >>>>>>
> >>>>>> Sent from my iPhone®
> >>>>>>
> >>>>>> On Aug 10, 2012, at 8:04 AM, Brian Munyao Longwe <blongwe at gmail.com
> >
> >>>>>> wrote:
> >>>>>>
> >>>>>>> Daktari,
> >>>>>>>
> >>>>>>> Thank you for taking this bold step to shed pure light on the Konza
> >>>>>>> Techno city site. It is truly unfortunate that the media persist in
> >>>>>>> casting aspersions and (allowing themselves to be used for)
> >>>>>>> mudslinging.
> >>>>>>>
> >>>>>>> I recall, with clarity, how the print media (and especially Nation)
> >>>>>>> were used during the early stages of TEAMs to try and discredit and
> >>>>>>> bring disrepute to the project, yourself and others who were
> >>>>>>> involved. It was laughable at the time how the newspaper even went
> as
> >>>>>>> far as making rabid claims that I was fronting for powerful
> >>>>>>> politicians via my company InHand Ltd which had procedurally
> applied
> >>>>>>> for, and received an allocation in the project. I recall how many
> >>>>>>> times the Anti-corruption commission carried out investigations,
> and
> >>>>>>> I also recall having to answer a barrage of questions from the good
> >>>>>>> folk at National Intelligence. All because of flimsy lies pushed
> >>>>>>> through the newspapers by unscrupulous journalists who clearly had
> >>>>>>> received the infamous "brown envelope" payoffs to publish dirt.
> >>>>>>>
> >>>>>>> Needless to say - and as has been pointed out by Mugo. TEAMs
> survived
> >>>>>>> the negativity and today has totally transformed this country and
> >>>>>>> region. While I know that it is personally tiring, draining and
> very
> >>>>>>> demoralizing to be a victim of this kind of treatment. Let me add
> my
> >>>>>>> voice to those who say "Usichoke" - please stay strong, keep the
> >>>>>>> vision, and hold the course. The Konza City project is still at a
> >>>>>>> critical stage that needs your drive and support. Once it gains
> it's
> >>>>>>> own momentum then you can take a well deserved rest, until then let
> >>>>>>> us all put our shoulders behind this project and push it forward.
> >>>>>>>
> >>>>>>> Best regards,
> >>>>>>>
> >>>>>>> Brian
> >>>>>>>
> >>>>>>>
> >>>>>>> Brian Munyao Longwe
> >>>>>>> | Mobile: 254715964281
> >>>>>>> http://mashilingi.blogspot.com
> >>>>>>> Facebook Twitter LinkedIn
> >>>>>>> Contact me: blongwe
> >>>>>>> Want a signature like mine? Click here.
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>> On Thu, Aug 9, 2012 at 8:43 AM, <bitange at jambo.co.ke> wrote:
> >>>>>>> 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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> >>>>>>>
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> >>>>>>>
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> >>>>>>> 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
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> >>>>>>
> >>>>>> _______________________________________________
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> 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
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> >>> for people and institutions interested and involved in ICT policy and
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> >>> sector in support of the national aim of ICT enabled growth and
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> >>
> >>
> >>
> >> _______________________________________________
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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,
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> >
> > _______________________________________________
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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.
>
--
*Ali Hussein|Managing Partner*
*
*Telemedia Africa
Azania Technology Group
Chaka Court, Argwings Kodhek Road
P O Box 14556-00100
Office: +254 737 751409
Cell: +254 773/713 601113
*Nairobi, Kenya*
Twitter: @AliHKassim
Skype: abu-jomo
"You generally hear that what a man doesn't know doesn't hurt him, but in
business what a man doesn't know does hurt.". - E. St. Elmo Lewis, member,
Advertising Hall of Fame
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