[kictanet] Fwd: Konza Land Issue Attn Matunda and Ali
Brian Munyao Longwe
blongwe at gmail.com
Mon Aug 13 11:51:04 EAT 2012
Dear all,
As you will see from the below. Public Procurement is an "elephant". Which
part do we hold/focus on?
Public Procurement and Disposal Act
2005<http://www.ppoa.go.ke/index.php?option=com_content&view=category&id=50&Itemid=132>
Public Procurement and Disposal Regulations
<http://www.ppoa.go.ke/index.php?option=com_content&view=article&id=226:regulations&catid=61:downloads&Itemid=157>
- Public Private Partnership Regulations
2009<http://www.ppoa.go.ke/index.php?option=com_jdownloads&Itemid=0&task=view.download&catid=18&cid=370>
- Public Procurement amendment Regulations
2009<http://www.ppoa.go.ke/index.php?option=com_jdownloads&Itemid=0&task=view.download&catid=18&cid=371>
Procurement Manuals
<http://www.ppoa.go.ke/index.php?option=com_content&view=article&id=222:manuals&catid=61:downloads&Itemid=157>
Procurement Reporting
Formats<http://www.ppoa.go.ke/index.php?option=com_content&view=article&id=227:reporting-framework&catid=61:downloads&Itemid=157>
Framework Contracting
Guidelines<http://www.ppoa.go.ke/index.php?option=com_jdownloads&Itemid=0&task=finish&cid=506&catid=15>
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On Mon, Aug 13, 2012 at 11:35 AM, Solomon Mbũrũ Kamau
<solo.mburu at gmail.com>wrote:
> Listers,
>
> There seems to be a lot of grey areas in the Procurement Act and,
> going by Dr. Ndemo's as well as most of the issues coming out, the
> problem is actually the Procurement Law.
>
> Maybe, as a starting point, in my view, as a layman, we need to have
> the Act attached so that we may have a look at it, critically.
> Further, to this specific issue, can there be documents which show the
> concept to final selection of Konza as the best option for putting up
> Tech City?
>
> Maybe, just maybe, we can see where the rain startd beating us.
>
> Solomon
>
>
> On 13/08/2012, Brian Munyao Longwe <blongwe at gmail.com> wrote:
> > Dear all,
> >
> > It is also my take that there is a fine line (and too many grey areas)
> > between the Public-Private-Partnership framework and the Public
> Procurement
> > Framework (Law, Rules, Regulations).
> >
> > I would venture to add that targetting the Public Procurement framework
> > might be biting off more than can be chewed. Might it not make more sense
> > to identify the intersections between the two and come up with
> > recommendations aimed at smoothing out inconsistencies/bottlenecks?
> >
> > Best regards,
> >
> > Brian
> >
> > [image: logo]
> > *Brian Munyao Longwe*
> > | Mobile: 254715964281
> > http://mashilingi.blogspot.com
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> >
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> > Contact me: [image: Skype] blongwe
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> >
> >
> >
> >
> > On Mon, Aug 13, 2012 at 9:33 AM, John Kariuki <
> > ngethe.kariuki2007 at yahoo.co.uk> wrote:
> >
> >> Bw. Ndemo,Listers,
> >>
> >> The challenge we have,in my view, is that "purchasing" in Kenya is
> >> considered equivalent to "procurement". Procurement especially for
> >> complex
> >> projects starts right from design stage,project planning, packaging,
> >> sequencing etc. Any professional can actually procure in his field of
> >> specialisation and get "Good value for money".
> >>
> >> It is possible to follow that law and yet get very bad value for money.
> >> So if the law is to be revised we need to strike a very careful balance
> >> between"Public Interest" and "Self Interest". If we follow the rules and
> >> get BAD VALUE FOR MONEY, as stated elsewhere in this list,do we
> >> still purchase?
> >>
> >> In any tender there will always losers(who may be vey competent) and
> >> winners. This is the nature of competition.
> >>
> >> Should we allow the fight between winners and losers derail our national
> >> agenda?
> >>
> >> John Kariuki
> >>
> >>
> >> *From:* "bitange at jambo.co.ke" <bitange at jambo.co.ke>
> >> *To:* ngethe.kariuki2007 at yahoo.co.uk
> >> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> >> *Sent:* Monday, 13 August 2012, 0:07
> >> *Subject:* Re: [kictanet] Fwd: Konza Land Issue Attn Matunda and Ali
> >>
> >> 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.
> >> >>>>>
> >> >>>>>
> >> >>>>>
> >> >>>>>
> >> >>>>> _______________________________________________
> >> >>>>> kictanet mailing list
> >> >>>>> kictanet at lists.kictanet.or.ke
> >> >>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >> >>>>>
> >> >>>>> Unsubscribe or change your options at
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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
> >> >>>>> enabled growth and development.
> >> >>>>>
> >> >>>>> KICTANetiquette : Adhere to the same standards of acceptable
> >> >>>>> behaviors online that you follow in real life: respect people's
> >> >>>>> times
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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.
> >> > _______________________________________________
> >> > kictanet mailing list
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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.
> >>
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
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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.
> >>
> >>
> >>
> >> _______________________________________________
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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.
> >>
> >
>
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