[kictanet] Fwd: Konza Land Issue Attn Matunda and Ali

Mon Aug 13 14:12:00 EAT 2012

We are not the only country grappling with procurement issues. Singapore
also seems to be having their share:
http://www.procurement-online.com/news/34670

Best regards,

Brian

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On Mon, Aug 13, 2012 at 12:08 PM, Barrack Otieno
<otieno.barrack at gmail.com>wrote:

> Colleagues,
>
> Through http://www.lpakenya.org/, we made attempts to engage the Public
> Procurement Oversight Authority over some anti competitive clauses in the
> Procurement Law, we did not achieve our desired objectives but we still
> beleive we will. This is to confirm some of the issues being raised by Dr.
> Ndemo concerning grey areas in the law, we have to be deliberate and
> intentional to tackle this grey areas in the law and we have to speak in
> one voice. Its a pity i have not heard anything from Engineer Rege on this
> or Engineer Okundi our brothers who also happen to be experienced
> Politicians. We need this issue to be addressed by Parliament if we are to
> move forwad, it will stifle developement of the Industry.
>
> Best Regards
>
> On Mon, Aug 13, 2012 at 7:44 AM, Peres Were <peres_were at yahoo.co.uk>wrote:
>
>> Well summed up Lucy. I believe the below actions can have some impact in
>> dealing with the root cause of the problem as Ndemo has mentioned.
>>
>> Peres
>>
>> Sent from my iPad
>>
>> On Aug 13, 2012, at 7:32, 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 iPhoneÂ®
>> >>>>>
>> >>>>> 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 iPhoneÂ®
>> >>>>>>>
>> >>>>>>> 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
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>> >>>>>>>>
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>> and
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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
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>> >>>> development.
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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.
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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 and bandwidth,
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>> not spam, do not market your wares or qualifications.
>> >
>> > _______________________________________________
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>> 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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>> _______________________________________________
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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.
>>
>
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
>
>
> _______________________________________________
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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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