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> On Mar 30, 26 Heisei, at 20:39, kictanet-request at lists.kictanet.or.ke wrote:
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> Today's Topics:
>
> 1. Re: Digital Migration Appeal Court Ruling: COFEK Response
> (Ngigi Waithaka)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sun, 30 Mar 2014 20:34:59 +0300
> From: Ngigi Waithaka <ngigi at at.co.ke>
> To: Bernard Kioko <bkioko at bernsoft.com>
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
> Response
> Message-ID:
> <CAMzLdAPErttTwBOVzarLHtdh87FAfh2oykOcpiLwNz-YtJGw1g at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Guys,
>
> If an organization by the then name of CCK had done its homework and had
> greed not been the overriding factor in issuing the Digital Licenses, we
> would not be in the mess that we are in today, where Wanjiku has lost big
> time.
>
> Any smart person @CCK would have foreseen what has happened the moment the
> current broadcasters lost the bid for the digital broadcasting license. You
> cannot wish away such a large fish swimming in the pool. The smart thing
> would be to work with the big fish as you rear other fish and only confront
> the big fish once you have other sizeable fish in that pool.
>
> They say "...The law is an ass..." and I can't think of a more applicable
> case than this!
>
> Way forward:
> 1. Issue the local broadcasters the Digital License. This gets them out of
> the way
> 2. Issue similar Licenses to Signet and that other Chinese firm
> 3. Get sober minds at CAK. If we don't do this, we wouldn't have a
> regulator to talk about in the next couple of months.
> 4. And let the conspicuously absent CS ICT to take charge. There is not a
> single *BIG* deal that touches ICT that can go through without hullabaloo!
>
> Exactly whats is hard in doing this?
>
>
> On Sat, Mar 29, 2014 at 11:57 AM, Bernard Kioko [Bernsoft Group] <
> bkioko at bernsoft.com> wrote:
>
>> David,
>>
>>
>>
>> You have summarized it well.
>>
>>
>>
>> Perhaps the benefit of what happened yesterday is that at the Supreme
>> Court, sanity will carry the day without the option of going to any other
>> court thereafter. It appeared to me like that's the "the plan" . Then
>> again, is this wishful thinking on my part.
>>
>>
>>
>> Regards
>>
>>
>>
>> *From:* kictanet [mailto:kictanet-bounces+bkioko=
>> bernsoft.com at lists.kictanet.or.ke] *On Behalf Of *David Makali
>> *Sent:* Saturday, March 29, 2014 11:40 AM
>> *To:* bkioko at bernsoft.com
>> *Cc:* kictanet at lists.kictanet.or.ke
>>
>> *Subject:* Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
>> Response
>>
>>
>>
>> The court exceeded its mandate and sowed more confusion:
>>
>>
>>
>> 1. By legitimizing the expectation of the media owners for a license and
>> proceeding to grant it one uncompetitively. So, why did the const require
>> vetting of judges who were in office by 2010? They had a legitimate
>> expectation to continue working into pensionhood, having held their
>> positions for years. The pt: the constitution erased all preferential
>> expectations and set a new standard because of grievances over legitimacy
>> and competence of the status quo. In the case of ICT/ broadcasting,
>> similar questions lie over the evenness of the ground. The "competitive"
>> standard in the award of any public resource or positions is to address
>> such issues.
>>
>>
>>
>> 2. By simply voiding the rights of PANG which had been issued a license
>> pursuant to a competitive process, however conducted by an "illegal" cck,
>> and disregarding the injustice and financial consequences of such a
>> decision. Why uphold the rights of one party and extinguish the rights of
>> others? The court's Sympathy only seemed to lie on one side for which it
>> poured out its heart generously, but totally ignored the rights of Pang and
>> its subscribers. A middle ground position, recognizing the predicament of
>> the current media investors and a suitable remedy to the injustice it found
>> committed against them by cck would have sufficed to put the country on a
>> forward footing. But this? The next Destination seems to be the Supreme
>> Court, which am afraid is going to be choking soon with many unnecessary
>> petitions, thanks to the court of appeal's contestable strokes of justice.
>> Pang, a subscriber, another investors, or even "cofek's" unrecognized
>> consumers have more than enough ground the way I see it.
>>
>>
>>
>> 3. By failing to admonish the govt for its confused policy (chaotic
>> really) and confirming how dangerous it is to invest n this country, in ict
>> particularly, because it has protected investors, and others are secondary
>> regardless of the processes, which are now routinely reversed.
>>
>>
>>
>>
>>
>>
>> This is official mail. If you doubt the content, call back on
>> +254722517540.
>>
>>
>> On Mar 29, 2014, at 10:15 AM, Dennis Kioko <dmbuvi at gmail.com> wrote:
>>
>> Very interesting Grace.
>>
>>
>>
>> Was the court well versed on the whole digital migration process, spectrum
>> and the fact that spectrum is a resource that belongs to all Kenyans, and
>> not a few organisations?
>>
>> On Saturday, 29 March 2014, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>>
>> @Kioko, I quoted this sentence because I just didnt believe that a court
>> of law can disregard the fact that there are rules to tendering processes.
>> Inaonekana mambo ni yale yale!
>>
>>
>> "An independent body should therefore give them a licence without going
>> through the tender process provided they comply with the regulations," Mr
>> Justice Maraga said.
>> ------------------------------
>>
>> Date: Sat, 29 Mar 2014 09:26:13 +0300
>> From: dmbuvi at gmail.com
>> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
>> Response
>> CC: kictanet at lists.kictanet.or.ke
>> To: ggithaiga at hotmail.com
>>
>> The court ruling as reported in the Daily Nation article is quite
>> confusing.
>>
>> First, the court is asking the government to reimburse PANG and StarTimes
>> for their licensing fee and investments. How much will this cost the tax
>> payer?
>>
>> Second, the court in supporting its ruling, says media owners have
>> invested a lot and they shouldn't lose their investment. The media owners
>> will still lose their investment as digital broadcasting is a new
>> technology that requires new infrastructure - perhaps the only
>> infrastructure that can be reused is the towers.
>>
>> Third, is the court implying that licenses issued by CCK are
>> unconstitutional?
>>
>>
>>
>> On Sat, Mar 29, 2014 at 8:14 AM, Ali Hussein <ali at hussein.me.ke> wrote:
>>
>> Listers
>>
>>
>>
>> Lets step back and ask a few fundamental questions:-
>>
>>
>>
>> 1. How has CAK contravened the constitution in regards to the digital
>> migration.
>>
>>
>>
>> 2. How does this affect the country in the scheme of things in relation to
>> the global move to digital migration.
>>
>>
>>
>> 3. How does it benefit the consumer when we continue to perpetuate a
>> status quo in the media space where a few big boys muscle out everyone?
>> Maybe Consumer Federation can expound on this.
>>
>>
>>
>> 4. How can we ensure going forward that the tendering processes are
>> air-tight and can withstand frivolous suits. In light of what happened to
>> the laptop tender we must ask a fundamental question:
>>
>>
>>
>> IS THIS GOVERNMENT SETTING ITSELF UP TO FAIL IN THE OCT SECTOR?
>>
>>
>>
>> *Ali Hussein*
>>
>>
>>
>> +254 0770 906375 / 0713 601113
>>
>>
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>> Blog: www.alyhussein.com
>>
>>
>>
>> "I fear the day technology will surpass human interaction. The world will
>> have a generation of idiots". ~ Albert Einstein
>>
>>
>>
>> Sent from my iPad
>>
>>
>> On Mar 29, 2014, at 1:53 AM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>>
>>
>>
>>
>> http://www.nation.co.ke/news/Victory-for-Kenyans-as-judges-halt-rush-to-digital-migration/-/1056/2261326/-/qc6k17z/-/index.html
>>
>> "An independent body should therefore give them a licence without going
>> through the tender process provided they comply with the regulations," Mr
>> Justice Maraga said.
>>
>>
>>
>> Really? How now?
>> ------------------------------
>>
>> From: jgmbugua at gmail.com
>> Date: Fri, 28 Mar 2014 23:36:37 +0300
>> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
>> Response
>> CC: kictanet at lists.kictanet.or.ke
>> To: ggithaiga at hotmail.com
>>
>>
>>
>>
>>
>>
>>
>> Idiocy of the highest order. There is no win here only delay of the
>> inevitable and stifling of innovation and investment.
>>
>> Multichoice is certainly a winner.
>>
>>
>>
>>
>> ------------------------------
>>
>>
>> *From: *Consumers Federation of Kenya (COFEK)<
>>
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>>
>> --
>> with Regards:
>>
>>
>>
>> blog.denniskioko.com <http://www.denniskioko.com/>
>>
>>
>>
>>
>>
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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.
>>
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>> online that you follow in real life: respect people's times and bandwidth,
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>
>
>
> --
> *Regards,*
>
> *Wait**haka Ngigi*
> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
> T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811
> 000
> www.at.co.ke
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