[kictanet] 3 Media houses protest Majanja's Digital Migration Ruling

John Kieti jkieti at gmail.com
Fri Dec 27 23:53:53 EAT 2013


Sorry guys, if you don't mind, I got stuck at this point ...

Please point me at the previous threads or other online resource that helps
to elaborate the matter of *frequency spectrum limitations *in the Kenyan
context.

best regards


On Thu, Dec 26, 2013 at 10:21 PM, Wambua, Christopher <Wambua at cck.go.ke>wrote:

>  Because of frequency spectrum limitations.
>
> Sent from my BlackBerry 10 smartphone.
>    *From: *Watila Alex
> *Sent: *Thursday, 26 December 2013 21:56 PM
> *To: *Wambua, Christopher
> *Reply To: *awatila at yahoo.co.uk
> *Cc: *Consumer and Public Affairs; KICTAnet ICT Policy Discussions
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
>
>
> why was the number of signal distributors limited to two?
> --
> Sent from Yahoo Mail on Android<http://overview.mail.yahoo.com/mobile/?.src=Android>
>
>  ------------------------------
> *From: *Wambua, Christopher <Wambua at cck.go.ke>;
> *To: *<awatila at yahoo.co.uk>;
> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke>; KICTAnet ICT Policy
> Discussions <kictanet at lists.kictanet.or.ke>;
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
> *Sent: *Thu, Dec 26, 2013 6:43:55 PM
>
>    The tender for the 2nd signal distribution licence was an open one.
> And indeed some of the local media set up a consortium through which they
> submitted a bid. Their bid was however unsuccessful.
>
>  If they had put in an attractive bid, they could have improved their
> chances of winning. Even if CCK were to float another tender for signal
> distribution restricted only to local firms, interested companies would
> have to compete for the licence. Firms that submit poor bids would still
> lose.
>
>  Local firms need to improve their capacity in responding to government
> tenders. If they don't, they will continue losing out to international
> firms even in businesses where they have proven expertise.
>
>  Wambua
>
>  Sent from my BlackBerry 10 smartphone.
>    *From: *Watila Alex
> *Sent: *Thursday, 26 December 2013 21:22 PM
> *To: *Ngigi Waithaka
> *Reply To: *awatila at yahoo.co.uk
> *Cc: *Consumer and Public Affairs; KICTAnet ICT Policy Discussions
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
>
>    i think their major compliant is the limiting of the number of signal
> distributors. they had hoped to also be signal distributors
>
> --
> Sent from Yahoo Mail on Android<http://overview.mail.yahoo.com/mobile/?.src=Android>
>
>  ------------------------------
> *From: *Ngigi Waithaka <ngigi at at.co.ke>;
> *To: *<awatila at yahoo.co.uk>;
> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke>; KICTAnet ICT Policy
> Discussions <kictanet at lists.kictanet.or.ke>;
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
> *Sent: *Thu, Dec 26, 2013 4:01:53 PM
>
>   Quick one,
>
> Why would the media houses object to going Digital? Are there any
> advantages to remaining analog?
>
> While I support that the 2nd license ought to have gone to the Kenyan
> Consortium,  I don't support us remaining on the analog broadcasting
> platform.
>
> For the uninitiated,  Digital is equivalent to FM in radio while Analog
> takes you back to Short Wave radio. Good luck tuning that....
>
> Waithaka Ngigi
>
> Alliance Technologies
> Nairobi, Kenya
>
> www.A1.io
> On 26 Dec 2013 13:56, "Bernard Kioko [Bernsoft Group]" <
> bkioko at bernsoft.com> wrote:
>
>>   Ali,
>>
>>
>>
>> It’s no secret am for the digital migration.
>>
>>
>>
>> Sometime in 2006, a worldwide decision was taken to migrate to Digital by
>> 17th June 2015. Kenya actively started this process in 2009. Many
>> consultative meetings have been held (75 according to CS Information). Of
>> the 9yrs allocated for this transition, Kenya has already used up 7 doing
>> rounds and entertaining selfish interests like we are seeing now. We have 2
>> to go on now if we are to meet this deadline. Question: When do these media
>> houses feel is the right time to move?
>>
>>
>>
>> These media houses were running in 2006….2009 … 2013… so their inability
>> to appropriately plan to migrate should not be used to hold the country
>> against the development and opportunities that Digital broadcasting brings
>> to the people of Kenya.
>>
>>
>>
>> What I find distasteful in their argument is that Nairobians need more
>> time to acquire these devices. CCK had a clear awareness campaign which
>> involved running advertisements informing Nairobians of this switch over
>> and the need to purchase settop boxes. These media houses found it ideal to
>> refuse to run these advertisements – even though CCK was going to pay for
>> the advertisements.
>>
>>
>>
>> Secondly, It was these media houses that asked that the deadline be moved
>> to December instead of August as CCK had wanted. Instead of supporting
>> their own December date, they rushed to court to make an effort to block
>> the migration. A judge has made a decision and I appreciate that they have
>> a right to the appeal – but what was the need to maliciously deceive
>> Kenyans that they have been switched off? They were transmitting. When DSTV
>> and Zuku took them off their bouquets the game changed abit of course! What
>> is the reason they resumed their broadcast? Did CCK change any terms?
>>
>>
>>
>> If you watched the CS explain his frustrations with these media houses,
>> then you can understand more why we must not allow them to hold us ransom.
>>
>>
>>
>> BTW, it needs to be noted that there are no technical issues around the
>> media houses being able to broadcast digitally. They are all currently
>> technically able to broadcast.
>>
>>
>>
>> Just like they resisted having their print newspaper on the Internet –
>> and were eventually forced to, they will need to understand that Digital
>> Broadcasting is technology they have no choice but to embrace.
>>
>>
>>
>> Regards
>>
>>
>>
>> PS: I wish they were telling CCK, we will comply with Digital broadcast
>> fully right now, but allow us to stay on the analog for another 3 months so
>> that we are available on both analog and digital for that period. That to
>> me would be a slightly reasonable bargaining point.
>>
>>
>>
>>
>>
>>
>>
>> *From:* kictanet [mailto:kictanet-bounces+bkioko=
>> bernsoft.com at lists.kictanet.or.ke] *On Behalf Of *Ali Hussein
>> *Sent:* Thursday, December 26, 2013 1:16 PM
>> *To:* bkioko at bernsoft.com
>> *Cc:* Consumer and Public Affairs; kictanet at lists.kictanet.or.ke
>> *Subject:* Re: [kictanet] 3 Media houses protest Majanja's Digital
>> Migration Ruling
>>
>>
>>
>> @Wambua
>>
>>
>>
>> Thanks for that information. If that is the case then the media houses
>> are definitely not acting in good faith. I suspect though that there may be
>> an issue of who controls what..which in my opinion is shortsighted. I stand
>> corrected in my assertions then.
>>
>>
>>
>> @ICT Researcher, what in your view is my stand? I'm simply making my
>> personal assertions on this issue. We can of course agree to disagree.
>>
>> Ali Hussein
>>
>>
>>
>> +254 0770 906375 / 0713 601113
>>
>>
>>
>>   "I fear the day technology will surpass human interaction. The world
>> will have a generation of idiots".  ~ Albert Einstein
>>
>>
>>
>>  Sent from my iPad
>>
>>
>> On Dec 26, 2013, at 1:03 PM, "Wambua, Christopher" <Wambua at cck.go.ke>
>> wrote:
>>
>>  Ali,
>>
>>
>>
>> I know that the government has on a number of occasions offered to
>> offload some shares in Signet to interested media houses.
>>
>>
>>
>> Instead of taking up the offer, the media houses have instead persisted
>> in their clamour to be issued with the third signal distribution licence.
>>
>>
>>
>> Is this insistence in the interest of optimal use of frequency spectrum
>> resources?
>>
>> Sent from my BlackBerry 10 smartphone.
>>
>> *From: *Ali Hussein
>>
>> *Sent: *Thursday, 26 December 2013 12:29 PM
>>
>> *To: *ICT Researcher
>>
>> *Cc: *Consumer and Public Affairs; kictanet at lists.kictanet.or.ke
>>
>> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
>> Migration Ruling
>>
>>
>>
>> @ Ohaga, ICT Researcher
>>
>>
>>
>> Lest we forget
>>
>>
>>
>> 1.
>> http://www.cio.co.ke/news/main-stories/cck-caught-in-surprise-cabinet-secretary-directive-to-issue-3rd-digital-tv-signal-licence#<http://www.cio.co.ke/news/main-stories/cck-caught-in-surprise-cabinet-secretary-directive-to-issue-3rd-digital-tv-signal-licence>
>>
>>
>>
>> 2.
>> http://www.businessdailyafrica.com/Corporate-News/KBC-set-for-split-as-State-registers-Signet-subsidiary--/-/539550/1384608/-/m5c6khz/-/index.html
>>
>>
>>
>> The issue guys isn't whether the media houses are right or wrong. Digital
>> Migration is a foregone conclusion. The issues is how we make policy in
>> this country on ICT issues. And this is not a reference to the current
>> administration. This is a blanket discussion on the last 15 years to date.
>>
>>
>>
>> Admittedly good things have happened and that is why this country has
>> progressed to where we are. There is a lot to celebrate but there is also a
>> lot to be done.
>>
>>
>>
>> The digital migration ought from the onset (and I say this with a
>> straight face and no shame at all) to have been skewed towards local media
>> houses as a matter of course. In fact the first CIO article I mentioned
>> above (see the link) seemed to have alluded to the fact that the ministry
>> had realized its error and decided to award a 3rd digital license to local
>> media houses...then poof! Something happened again and the decision was
>> rescinded.
>>
>>
>>
>> Ohaga, forgive me for being underwhelmed by the Government's awarding a
>> digital platform license to KBC. No one on this list can deny the fact that
>> KBC is a shadow of itself (if ever it was a whole being). Even its mandate
>> of being the Government's mouthpiece is not being fulfilled. So why waste
>> such a strategically important asset to it?
>>
>>
>>
>> The second article in the business daily alludes to the fact that the AG
>> registered Signet as a separate entity from KBC. That is as it should be. I
>> wonder where that process is at...in fact I will be daring enough to say
>> that Signet should be reconfigured and shares offered to the local media
>> houses so that there is ownership of the local content producers. This is
>> the prudent thing to do. After all why offer a share of Signet to DSTV
>> (which is owned by Naspers of South Africa) and not to other media houses?
>>
>>
>>
>> Lastly I would like to address the issue of policy making and regulation.
>> I'm not a lawyer but a simple explanation:-
>>
>>
>>
>>   The policy maker decides what the regulations should be and passes the
>> laws implementing the regulations. The government regulator enforces those
>> regulations.
>>
>>
>>
>> This issue has been addressed before by different listers on the list. I
>> humbly submit that the lines here are very blurred in government as to who
>> shapes policy and who regulates.  I think its time someone took the bull by
>> its horns and does what needs to be done.
>>
>>
>>
>> Ali Hussein
>>
>>
>>
>> +254 0770 906375 / 0713 601113
>>
>>
>>
>>   "I fear the day technology will surpass human interaction. The world
>> will have a generation of idiots".  ~ Albert Einstein
>>
>>
>>
>>  Sent from my iPad
>>
>>
>> On Dec 26, 2013, at 11:03 AM, ICT Researcher <ict.researcher at yahoo.com>
>> wrote:
>>
>>
>> i.e. one fails to understand what new arguement is, beyond all those
>> dealt with on judgement at: http://kenyalaw.org/caselaw/cases/view/93274/
>>
>> Commeding Kenyalaw.org people for opening up court decisions to the
>> public, without which we used to argue on third parties' opinions, views,
>> hearsy, innuendos etc...
>>
>> ------------------------------
>> On Thu, Dec 26, 2013 8:38 AM MSK ICT Researcher wrote:
>>
>>
>>
>>
>>
>>
>>  -2 @Ali -1 @Ngigi -1
>>
>>
>>
>>
>>
>>  -------------------------------
>>
>>  On Thu, Dec 26, 2013 12:04 AM MSK S.M. Muraya wrote:
>>
>>
>>
>>  +1 @Ali +1 @Ngigi +1
>>
>>
>>
>>
>>
>>   Regards
>>
>>
>>
>>   Murigi / Stanley Muraya
>>
>>
>>
>>   *"Better a patient person than a warrior, one with self-control than
>> one
>>
>>   who takes a city." Prov 16:32*
>>
>>
>>
>>
>>
>>   On Wed, Dec 25, 2013 at 10:27 AM, Ngigi Waithaka <ngigi at at.co.ke>
>> wrote:
>>
>>
>>
>>   This is the same corruption issues disguised as 'competitive' tender...
>>
>>
>>
>>   Look at it this way, you want Kenya's airwaves to be digital. On one
>> hand
>>
>>   you get a national parastatal which performs below average on the other
>>
>>   hand a foreign company.
>>
>>
>>
>>   We all know KBC wouldn't perform, so we will have our key national
>>
>>   broadcast handled by a foreign firm. If some guy in China pushes a
>> certain
>>
>>   button, we could get a complete news blackout. Is that not a serious
>>
>>   security risk that ought to have mitigated against during the bid
>>
>>   requirements stage?
>>
>>
>>
>>   Now my hypothesis, the Chinese got this since the ones handling the
>> tender
>>
>>   could not get kickbacks from either KBC nor from the Kenyan consortium
>> that
>>
>>   generally operates in an industry where they dont have to pay
>> kickbacks.
>>
>>   With the incoming new government the ones handling the tender, had to
>> line
>>
>>   their pockets quick. Damn national interests!
>>
>>
>>
>>   But, we are where we are and them TV stations have been down for a
>> number
>>
>>   of days, interestlingly enough I havent noticed!
>>
>>
>>
>>   Merry Xmas.
>>
>>
>>
>>   Waithaka Ngigi
>>
>>
>>
>>   Alliance Technologies
>>
>>   Nairobi, Kenya
>>
>>
>>
>>   www.A1.io
>>
>>   On 25 Dec 2013 07:32, "Ali Hussein" <ali at hussein.me.ke> wrote:
>>
>>
>>
>>   Wambua
>>
>>
>>
>>   The issue I raise is beyond 'competitive bidding issues'.
>>
>>
>>
>>   Try owning digital signals in China, US or Europe if you are a foreign
>>
>>   company. Why is it that we think that 'free markets' are only 'free'
>> when
>>
>>   African countries are involved?
>>
>>
>>
>>   History is littered with local protectionism for certain industries. In
>>
>>   fact China and Japan are the biggest examples of this. Way do we see
>> it fit
>>
>>   to just give away our Crown Jewels in the guise of free and competitive
>>
>>   bidding?
>>
>>
>>
>>   I understand that this may be beyond CCK's pay grade and should
>> actually
>>
>>   be addressed to policy makers...
>>
>>
>>
>>   Ali Hussein
>>
>>
>>
>>   +254 0770 906375 / 0713 601113
>>
>>
>>
>>   "I fear the day technology will surpass human interaction. The world
>> will
>>
>>   have a generation of idiots".  ~ Albert Einstein
>>
>>
>>
>>   Sent from my iPad
>>
>>
>>
>>   On Dec 24, 2013, at 6:41 PM, Bernard Kioko <bkioko at bernsoft.com> wrote:
>>
>>
>>
>>   They can't share or come out like he just did. Theirs is not based on
>>
>>   honesty and valid reasons. The use of court is so they can hide behind
>>
>>   legal technicalities.
>>
>>
>>
>>   The CS said he has been available for dialog but they go chest thumb
>> and
>>
>>   threatening.
>>
>>
>>
>>   If they had any previous effort towards educating consumer they would
>>
>>   hold moral authority in my space. Refusing to air paid adverts by
>> cck....I
>>
>>   say very irresponsible.
>>
>>
>>
>>   sad though.
>>
>>   On 24 Dec 2013 18:35, "Walubengo J" <jwalu at yahoo.com> wrote:
>>
>>
>>
>>
>>
>>
>>
>>    @Wambua
>>
>>
>>
>>    jst seen the CS breathing fire   on K24 on this matter. It looks like
>>
>>    this fight is moving from the courts into the public space. It sounds
>> like
>>
>>    its going to be looong and bloody. Ave heard from the Govt side, I
>> wonder
>>
>>    what the Media house side is...they are all here on KICTAnet and I
>> wish
>>
>>    they would freely share their view -outside the constraints of a
>> court case.
>>
>>
>>
>>    One good outcome of the blackout from NTV, KTN and Citizen is the
>>
>>    discovery of KBC and KT24...had forgotten they exist :-)
>>
>>
>>
>>    walu.
>>
>>
>>
>>
>>
>>    ------------------------------
>>
>>    On Tue, Dec 24, 2013 4:39 PM AST (Arabian) Wambua, Christopher wrote:
>>
>>
>>
>>    Bernard,
>>
>>
>>
>>     CCK has not issued a third licence for digital signal distribution.
>>
>>
>>
>>     Christopher Wambua
>>
>>     Manager - Communications
>>
>>     Consumer and Public Affairs Department
>>
>>     Communications Commission of Kenya
>>
>>     P.O. Box 14448 NAIROBI 00800
>>
>>     Tel: +254 20 4242209
>>
>>     info at cck.go.ke<mailto:info at cck.go.ke>
>>
>>     www.cck.go.ke<http://www.cck.go.ke>
>>
>>
>>
>>
>>
>>
>>
>>     From: Bernard Kioko [Bernsoft Group] [mailto:bkioko at bernsoft.com]
>>
>>     Sent: Tuesday, December 24, 2013 4:35 PM
>>
>>     To: Wambua, Christopher
>>
>>     Cc: Consumer and Public Affairs; 'KICTAnet ICT Policy Discussions'
>>
>>     Subject: RE: [kictanet] 3 Media houses protest Majanja's Digital
>>
>>    Migration Ruling
>>
>>
>>
>>     Christopher,
>>
>>
>>
>>     I am an ardent supporter of the migration but I need to ask.
>>
>>
>>
>>     Have you issued any 3rd license to anyone?
>>
>>
>>
>>     Regards
>>
>>
>>
>>     From: kictanet [mailto:kictanet-bounces+bkioko=
>>
>>    bernsoft.com at lists.kictanet.or.ke]<mailto:[mailto:
>>
>>    kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke]> On Behalf
>>
>>    Of Wambua, Christopher
>>
>>    Sent: Tuesday, December 24, 2013 12:54 PM
>>
>>     To: bkioko at bernsoft.com<mailto:bkioko at bernsoft.com>
>>
>>     Cc: Consumer and Public Affairs; KICTAnet ICT Policy Discussions
>>
>>     Subject: Re: [kictanet] 3 Media houses protest Majanja's Digital
>>
>>    Migration Ruling
>>
>>    Importance: High
>>
>>
>>
>>     You will recall that the 2nd licence for digital broadcasting signal
>>
>>    distribution was issued out competitively through an open tender.
>> Some of
>>
>>    the local media houses expressed interest in the tender but lost out
>> to the
>>
>>    licence by the Pan-Africa Network Group in an open and transparent
>>
>>    tendering process.  They subsequently lodged an appeal to the Public
>>
>>    Procurement Oversight Authority (PPOA) which was dismissed as lacking
>> any
>>
>>    merit.
>>
>>
>>
>>     The two firms have set up digital platforms in Nairobi and other
>> major
>>
>>    towns in country to support the migration from analogue to digital TV
>>
>>    broadcasting.  The issue of awarding the licences to a Chinese firm
>> and a
>>
>>    subsidiary of a firm on its deathbed is therefore a non-issue.
>>
>>
>>
>>     Best regards
>>
>>
>>
>>     Christopher Wambua
>>
>>     Manager - Communications
>>
>>     Consumer and Public Affairs Department
>>
>>     Communications Commission of Kenya
>>
>>     P.O. Box 14448 NAIROBI 00800
>>
>>     Tel: +254 20 4242209
>>
>>     info at cck.go.ke<mailto:info at cck.go.ke>
>>
>>     www.cck.go.ke<http://www.cck.go.ke>
>>
>>
>>
>>
>>
>>
>>
>>     From: kictanet [mailto:kictanet-bounces+wambua=
>>
>>    cck.go.ke at lists.kictanet.or.ke] On Behalf Of Kivuva
>>
>>    Sent: Tuesday, December 24, 2013 12:25 PM
>>
>>     To: Wambua, Christopher
>>
>>     Cc: KICTAnet ICT Policy Discussions
>>
>>     Subject: Re: [kictanet] 3 Media houses protest Majanja's Digital
>>
>>    Migration Ruling
>>
>>
>>
>>     On 23 December 2013 19:01, Ali Hussein <ali at hussein.me.ke<mailto:
>>
>>    ali at hussein.me.ke> wrote:
>>
>>    Brinkmanship.
>>
>>
>>
>>     To be fair though I can't help thinking how skewed we are as a
>> country
>>
>>    that the two digital signals are:-
>>
>>
>>
>>     1. Controlled by a Chinese company
>>
>>     2. Controlled by a defunct media company that is at its death bed..
>>
>>
>>
>>     +1 Ali
>>
>>
>>
>>     Capital flight is a KILLER of any economy.
>>
>>
>>
>>
>>
>>     Where have we go we wrong?
>>
>>     Ali Hussein
>>
>>
>>
>>     +254 0770 906375 / 0713 601113
>>
>>
>>
>>     "I fear the day technology will surpass human interaction. The world
>>
>>    will have a generation of idiots".  ~ Albert Einstein
>>
>>
>>
>>
>>
>>     ______________________
>>
>>     Mwendwa Kivuva, Nairobi, Kenya.
>>
>>     twitter.com/lordmwesh<http://twitter.com/lordmwesh>
>>
>>     google ID | Skype ID: lordmwesh
>>
>>
>>
>>
>>
>>    _______________________________________________
>>
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>>
>>
>>
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>>
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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.
>>
>>
>>
>>
>>
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>>
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>>   ...
>
> [Message clipped]
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> 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.
>



-- 
My Blog - www.gmeltdown.com
'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
The ordinary just won't do
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