[kictanet] House team halts Equity Bank's thin-SIM rollout

Victor Kapiyo vkapiyo at gmail.com
Wed Sep 24 18:07:05 EAT 2014 

My reading of this is that Parliament when drafting S. 5A of KICA was very
clear in its intention to give CAK independence and shield it from
influence from government, political or commercial interests in the
exercise of its powers and in the performance of its functions.

The influence referred to in S. 5A also includes influence of Parliament or
its committees (and whichever other interest is pulling strings in the
committee). Such that the committee cannot lawfully direct CAK to halt the
process, or halt the process itself especially on a matter which the law
clearly states that is within CAKs mandate.

Can Parliament request, yes.

Is this a request? That's debatable and will depend on a good reading of
the communication from the committee to CAK. And as such the press report
maybe misleading.

The question of sovereignty, while is material is irrelevant to the extent
that the same Parliament has already drafted laws empowering CAK to act
independently. Nothing stops Parliament or any Kenyan from questioning
decisions of CAK, which ideally can always be done in a court of law or in
the court of public opinion, depending on the level of interest.

Parliamentary committees also need to understand that there is a limit to
their powers under the Constitution and Standing orders, and should
guard against acting ultra vires.

My advise to CAK and Parliament is to read the law and follow it - Which in
effect means to act independently.


Victor



Victor Kapiyo, LL.B

====================================================
*"Your attitude, not your aptitude, will determine your altitude" Zig
Ziglar*

On 24 September 2014 15:38, Consumers Federation of Kenya (COFEK) via
kictanet <kictanet at lists.kictanet.or.ke> wrote:

> Dear Victor,
>
>
>
> They DO!! It is obviously a fallacy that non-technical people make
> decisions on technical issues. But we are not a banana republic - at least
> on paper.
>
>
>
> If you read Art.1(2) of the Constitution - those characters hold enormous
> powers. They make the law for regulator in line with Art.34 (recall CA is
> not a Chapter 15 Commission and "independence" is limited).
>
>
>
> *"The people may exercise their sovereign power either directly or through
> their "democratically" elected representatives" *Art. 1(3)(a) says
> sovereign power is delegated .... *To Parliament and the legislative
> assemblies in the County Governments. *Also read Art. 95 and 96 and so on"
>
>
>
> Kind regards,
>
> Stephen
>
>
>
>
>
> Stephen Mutoro
>
> *Secretary General*
>
> Consumers Federation of Kenya (COFEK)
>
> Rehema Place, Block F-45
>
> Ngong Road/Ring Rd Kilimani Junction
>
> P.O Box 28053-00200, City Square, NAIROBI, Kenya
>
> Tel. 254-20-2615496, 2300859 Fax. 254-20-3861719; Cell phones: 0715555550,
> 0770700007
>
> E-mail: hotline at cofek.co.ke
>
> Website: www.cofek.co.ke
>
> Facebook: "Consumers Federation of Kenya (Cofek)"
>
> Twitter: @ConsumersKenya YouTube: "ConsumersKenya"
>
>
>
> *13th December 2012* -  President Kibaki assents to the Consumer
> Protection Act, 2012 *Read it here:
> http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf
> <http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf>*
>
>
>
>
>
>
>
> *From:* kictanet [mailto:kictanet-bounces+hotline=
> cofek.co.ke at lists.kictanet.or.ke] *On Behalf Of *Victor bwire via kictanet
> *Sent:* Wednesday, September 24, 2014 5:22 PM
> *To:* The Consumers Federation of Kenya (Cofek)
> *Subject:* Re: [kictanet] House team halts Equity Bank's thin-SIM rollout
>
>
>
> Dear Grace
>
>
>
>  the House Team has no supervisory powers over the Regulator- Not at all
>
>
>
> Just that MPs have become terrible
>
>
>
> regards
>
>
>
> Victor
>
>
>
> On Wed, Sep 24, 2014 at 4:47 PM, Grace Githaiga via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> @ Victor,
>
>
>
> The heading  of this article says the 'house team halts..." while  the
> body of the story has "has asked CA to halt..." It might be semantics but
> my interpretation of this is that this is a request to CA, and not a
> directive. Yes?
>
>
>
> Tell me, does the house team have oversight over regulatory matters? I am
> looking at KICA 2013 Article 5 on CA's independence:
>
>
>
> 5A. (1) The Authority shall be independent
>
> and free of control by government, political or
>
> commercial interests in the exercise of its
>
> powers and in the performance of its functions.
>
>
>
> (2) In fulfilling its mandate, the Authority
>
> shall be guided by the national values and
>
> principles of governance in Article 10 and the
>
> values and principles of public service in Article
>
> 232 (1) of the Constitution.
>
>
>
> What would happen say if CA disregards the House team's demand?
>
>
>
> Rgds
>
> GG
>
>
> ------------------------------
>
> Date: Wed, 24 Sep 2014 11:54:17 +0100
> Subject: Re: [kictanet] Equity Given Go Ahead by CAK
> From: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
>
> The tables have turned again:
>
>
>
> *House team halts Equity Bank's thin-SIM rollout*
>
>
>
> The National Assembly's Energy and ICT Committee has asked the
> Communications Authority (CA) to halt Equity Bank thin-SIM card rollout
> until it is satisfied of the security of the technology.
>
>
>
>
> http://www.nation.co.ke/news/politics/House-team-halts-Equity-Bank-thin-SIM-rollout/-/1064/2463762/-/2srp37/-/index.html
>
>
> Victor Kapiyo, LL.B
>
>
> ====================================================
> *"Your attitude, not your aptitude, will determine your altitude" Zig
> Ziglar*
>
>
>
> On 22 September 2014 18:49, Martin Gicheru via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Safaricom does not necessarily agree to the move but will cooperate while
> it still needs to.
>
>
>
> "We are particularly encouraged that CA has commenced the process of
> hiring an independent and reputable international firm to conduct a
> security audit on all SIM cards, and in particular the use of the SIM
> overlay technology in mobile money transfer services. We therefore implore
> the CA to fast track the security review and to publish the guidelines in
> the interests of protecting consumers and financial institutions who will
> remain vulnerable to the potential risks created by the 'man-in-the-middle
> attack'. "
>
>
>
> http://techmoran.com/safaricom-remains-adamant-thin-sim-vulnerabilities/
>
>
>
> On Mon, Sep 22, 2014 at 6:36 PM, Bernard Kioko via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Change is the only permanent thing!
>
>
> -----Original Message-----
> From: kictanet
> [mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On
> Behalf
> Of Walubengo J via kictanet
> Sent: Monday, September 22, 2014 6:30 PM
> To: bkioko at bernsoft.com
> Subject: Re: [kictanet] Equity Given Go Ahead by CAK
>
> @Charles,
>
> Interesting views.  I dont speak for Equity - and am not even a MEMBER
> (their customer).  However, they have the following going for them.
>
> 1) they do have their OWN SIM card targetting their 8m banking customers.
> They can actually make money out their core group of customers using their
> mobile virtual network (riding on Airtel telco infrastructure i believe).
> 2) the thin-SIM technology is just a nice option for their 8m customers AND
> the 20+million Safaricom customers.
> 3) indeed Safcom can play dirty but I am sure they wont because (a) they
> can
> take on Equity challenge and (b) the regulator seems more ready than ever
> to
> pounce on them (recall regulator has been "looking" for them over quality
> issues  :-).
>
> Remember, this looks like a mobile money battle, but the real deal is the
> collateral damage it is likely to cause in the voice market because once a
> Safaricom customer mounts the thin SIM Card and discovers that they can
> make
> cheaper calls/sms with it without losing their MPESA functionality...they
> will actually be having their cake (MPESA) while eating it (making Cheaper
> calls on the Equity Mobile virtual network).
>
> Essentially, Equity is breaking a small gap into the Safaricom defensive
> wall(MPESA) and once in, even the data-market may eventually be free for
> all
> i.e. #checkmate.
>
> walu.
>
> --------------------------------------------
> On Mon, 9/22/14, Charles Kimani via kictanet <
> kictanet at lists.kictanet.or.ke>
> wrote:
>
>  Subject: Re: [kictanet] Equity Given Go Ahead by CAK
>  To: jwalu at yahoo.com
>  Date: Monday, September 22, 2014, 4:44 PM
>
>  I
>  think the thin sim strategy is brilliant...in  theory.
>  However, I am also
>  wondering just how wise it is to place the success of your  business model
> at the mercy of a hostile, powerful and  uncooperative business rival.
> What
> if - 6 months after launch, for  example - Safaricom decide to upgrade all
> their sim cards  (genuinely or otherwise) just when Equity is in the middle
> of a critical (probably expensive) product  rollout?  What if  Safaricom
> customer service and dealer/retail channels start  advising subscribers who
> are having issues with their lines  that the thin sim is the cause of their
> problems and show  them how to remove it?
>  How will Equity map their processes
>  and logistics with the Safaricom SIM replacement processes?
>  Will Equity subscribers need to remember to make an extra  stop at an
> Equity outlet to have their thin sim re-attached  once they do a sim swap?
> How easy is it to attach these thin  sims?
>  We have
>  previously seen smart sabotage tactics bring down SAB Miller  ambitions in
> the Kenyan market. Equity - in my opinion - is  giving too much firepower
> to
> a determined competitor. It  might be cheaper in the long run to just
> invest
> in own SIM  and take Safaricom head-on.
>  Regards,Charles
>  On Mon, Sep 22, 2014 at
>  4:18 PM, Dennis Kioko via kictanet <kictanet at lists.kictanet.or.ke>
>  wrote:
>  Meanwhile, I did get the Equitel SIM Card  (haven't seen the infamous Thin
> SIM). So far, here's  my experience with the
> same.
> http://www.infotake.co.ke/2014/09/how-does-equity-banks-equitel-work.h
> tml
>  On 22 September 2014 16:11, Barrack
>  Otieno via kictanet <kictanet at lists.kictanet.or.ke>
>  wrote:
>  Sometimes
>  diversification leads to loss of focus. Interesting  discussions but let
> us
> see if this scenario will change some  of this Principles that have evolved
> over time.
>
>  Best Regards
>
>  On Mon, Sep 22,
>  2014 at 3:56 PM, Bernard Kioko via kictanet <
> kictanet at lists.kictanet.or.ke>
>  wrote:
>  I have noted media reports
>  indicating Equity has been granted go-ahead by CAK to  operate with
> Thin-Sim cards. Game changing I  suppose.
>
>
>
>
>
>
>
>
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