[kictanet] House team halts Equity Bank's thin-SIM rollout
Brian Munyao Longwe
blongwe at gmail.com
Thu Sep 25 10:02:09 EAT 2014
Despite all the semantics, this, to my jaded eyes looks like some MPs have
been beneficiaries of thick brown envelopes.....
On Wednesday, September 24, 2014, Walubengo J via kictanet <
kictanet at lists.kictanet.or.ke> wrote:
> @Victor,
>
> Completely agree....but as they say money can get another lawyer to script
> an equally convincing submission - but for parliamentary intervention (the
> law is an ass?)
>
> Some said we have had judicial activism and now we seem to experiencing
> parliamentary activism. The interesting part is that Equity is the only guy
> in town who can stare at Safaricom anywhere anytime. Be it at the
> Regulator, in Parliament, in Court, in Statehouse, or in Mars.
>
> I will wear my helmet because it does look like it might get bloody sooner
> than I thought :-)
>
> walu.
>
> --------------------------------------------
> On Wed, 9/24/14, Victor Kapiyo via kictanet <kictanet at lists.kictanet.or.ke
> <javascript:;>> wrote:
>
> Subject: Re: [kictanet] House team halts Equity Bank's thin-SIM rollout
> To: jwalu at yahoo.com <javascript:;>
> Date: Wednesday, September 24, 2014, 6:07 PM
>
> 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 <javascript:;>>
> 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
> MutoroSecretary
> GeneralConsumers Federation of Kenya
> (COFEK)Rehema Place, Block
> F-45Ngong Road/Ring Rd Kilimani
> JunctionP.O Box 28053-00200, City Square,
> NAIROBI, Kenya Tel. 254-20-2615496, 2300859 Fax.
> 254-20-3861719; Cell phones: 0715555550,
> 0770700007E-mail: hotline at cofek.co.keWebsite: www.cofek.co.keFacebook:
> "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 From:
> kictanet [mailto:kictanet-bounces+hotline <javascript:;>=
> cofek.co.ke at lists.kictanet.or.ke <javascript:;>]
> 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
> <javascript:;>>
> 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 independentand free of control by
> government, political orcommercial interests in the
> exercise of itspowers and in the performance
> of its functions. (2) In fulfilling its
> mandate, the Authorityshall be guided by the
> national values andprinciples of governance in
> Article 10 and thevalues and principles of
> public service in Article232 (1) of the
> Constitution. What would happen say if CA
> disregards the House team's
> demand? RgdsGG 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 <javascript:;>
> To: ggithaiga at hotmail.comThe 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 <javascript:;>
> >
> 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
> <javascript:;>>
> wrote:Change is the only permanent
> thing!
> -----Original Message-----
> From: kictanet
> [mailto:kictanet-bounces+bkioko <javascript:;>=
> bernsoft.com at lists.kictanet.or.ke <javascript:;>]
> On Behalf
> Of Walubengo J via kictanet
> Sent: Monday, September 22, 2014 6:30 PM
> To: bkioko at bernsoft.com <javascript:;>
> 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 <javascript:;>>
> wrote:
>
> Subject: Re: [kictanet] Equity Given Go Ahead
> by CAK
> To: jwalu at yahoo.com <javascript:;>
> 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 <javascript:;>>
> 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 <javascript:;>>
> 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
> <javascript:;>>
> 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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