[kictanet] Fwd: Konza Land Issue/ Dr. Ndemo's right to reply

[Grace Githaiga]

Dr. Ndemo, Listers
Good morning.
It is important for Dr. Ndemo to pen an op-ed piece as a response to the article carried out last week. This will not only set the record straight but will also bring to fore the complicated procurement processes that have to be followed. Further, coming from Dr. Ndemo, it will be seen to carry more weight. Dr. Ndemo, you have the "right of reply" to correct the inaccuracies. This is a fair opportunity that media houses will give you. 
Further, your piece will provide the media with an opportunity to build on, and do the comprehensive analysis of the processes. I do remember one time the PM complained about the procurement processes that require over 21 signatures for approval. Listers can further come up with an advocacy process /campaign on specific recommendations to change the Procurement Act.  
And by the way Listers, it is not only Macharia Gaitho who is on this list. We have many other editors and journalists on board. I know they are listening. 
Kind RegardsGrace

> Date: Mon, 13 Aug 2012 00:07:23 +0300
> From: bitange at jambo.co.ke
> Subject: Re: [kictanet] Fwd:  Konza Land Issue Attn Matunda and Ali
> CC: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
> 
> 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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