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

[Matunda Nyanchama]

Bw Kivuva

Couple of more points
	1. Transition need not be as messy as has been the case, even in the face of "creative destruction". I am not sure that in this case, for instance, issues of employment impact, redeployment/reuse of existing infrastructure, etc have featured at all. The focus has been on failed bids. Period. Note that our current constitution has specified a number of rights and I bet a worker, were s/he to have the wherewithal to challenge the process in the courts for loss of income/livelihood, and were the courts were to be true to the spirit of the constitution, would win BIG money from either government or some other culpable party that may have bungled the process. Just pray that Kenya has not become as litigious a nation as the western world whose characteristics we are fast emulating.
	2. On the capacity to bid & win: again, drawing from my experience in Canada, government can suspend the tendering process until such conditions as fits the "national interest" are met. Indeed, government itself may inject money, hire needed expertise, change policy, etc to ensure that the strategic national interest is met. But again, we haven't defined what that national interest is in our country. Our resources can be exploited in whichever way by whoever, authorized by whoever has the power on the material time!
Watching this debate is extremely distressing, like happens on major discourses in the public sphere! Our ability to negotiate, arbitrate, mediate, etc is extremely limited, a process that leads to expensive, emotionally draining litigation process. 

I can bet that a mediator/arbitrator, had the process been in place, would have found an amicable solution, less costly (financially, time-wise, emotionally, etc.) than has been the case. 

Finally, the tone of some suggests an unspoken message: soak it to them! Damn the consequences! Yet the issues raised mean loss: employment, financial, ...
Thank you Dr. Matunda for your insight and the Canadian case. This is
>the type of policy we are advocating for. Actually in Kenya, a form of
>such legislation exists, where MNOs are supposed to have a
>considerable stake owned by Kenyans. Only that the policy should be
>expanded to cover more sectors.
>
>
>We exhibit brain dead syndrome by letting investors like Nigeria's
>Dangote or the French Lafarge to exploit our natural resources, where
>Kenyans too have the capacity to benefit 100% from the same. That is
>economic sabotage by another name.
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Matunda Nyanchama, PhD, CISSP; mnyanchama at aganoconsulting.com
Agano Consulting Inc.;  www.aganoconsulting.com; Twitter: nmatunda;  Skype: okiambe
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