[kictanet] Safaricom may face sanctions over network outage

Tue Apr 25 23:08:58 EAT 2017

@Ngigi

There are instances legally allowed when obtaining a benefit for the public
which outweighs the lessening of competition that would result from a
certain practice.

Which can losely be  translated  that as long as the public good has
greater weight than a scenario of reduced competition in a market then the
regulators may overlook the ill effects of dominance.

This was contemplated in the Kenya Information and Communications (Fair
Competition and Equality of Treatment ) Regulations,  2010 which created
exemptions from the regulations  in section 14(c) for a licencee entrusted
with the operation of essential communications services e.g national
security insofar as the application of the regulations would obstruct the
performance of the tasks assigned to the licencee.

So in as much as everyone is complaining about a dominant position there
are some perks that come with hadling critical infrastructure that must be
granted to the licencee handling the said infrastructure for normalcy to be
maintained.

Things cannot always be fair, especially if it is in public interest as the
current ecosystem stands.

All that needs to be maintained are  the  NRRD guidelines which I guess
must have been flouted during yesterday's mishap.

Regards,

Rosemary Koech-Kimwatu
Advocate-Fintech and ICT Policy
On Apr 25, 2017 9:17 PM, "Ngigi Waithaka via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> Ali,
>
> I refer you to @Walu's very good example of dominance. It is *NOT* about
> the Numbers, but *share* of the market.
>
> Google has been dominant in search for a long time, and they have been
> charged variously for *abuse* of that dominance, in both search + android.
>
> Dominance of Safaricom in the local market, unless you wear very 'green'
> tinted lenses is an obvious issue! So called competitors are only there for
> the show... (Reminds me when Microsoft used to pay competitors to keep them
> afloat so as to have a semblance of 'competition'.)
>
> Now, the big issue is that Safaricom rans a very large part of our
> country's 'core' infrastructure and it would be *very irresponsible* of the
> regulators to sit back, looking at the scraps of 'competition' as a healthy
> industry and hope against hope that nothing evil would befall Safaricom.
>
> Even Safaricom themselves have a policy of buying their core equipment
> from at least *TWO* separate vendors , regardless of how good a deal one
> vendor could give them in total. They don''t leave it to the market to
> decide!
>
> Its called *RISK MANAGEMENT*
>
> So, if they can do that for their own equipment, it is only prudent that
> we as a country also have proper risk management in our core services. It
> is *NOT* a question of splitting the firm, but ensuring, by whatever means
> necessary, that we have at least 3 credible options.
>
> Rgds
>
>
>
> On Tue, Apr 25, 2017 at 8:55 PM, Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Sidney
>>
>> So let's take the Facebook, Google and Amazon conversation one step
>> further.
>>
>> 1. *Facebook*. 1 billion users and counting. There are several countries
>> looking at Facebook for certain violations. I have not heard one of them
>> talking about splitting the company. Ditto with Google, Apple and
>> Microsoft. The bigger you get the bigger the target you become. It's a risk
>> entrepreneurs must take.
>>
>> 2. *Google*. Dominant in search. However search alone without social has
>> stopped being relevant. From a domination position in search to almost
>> being irrelevant without social in a span of less than 5 years. Android is
>> another story. 85% global market share. However, to an extent it's 'open
>> source' hence why Amazon's version of Android is almost unrecognizable.
>>
>> https://www.howtogeek.com/232973/amazons-fire-os-vs.-googles
>> -android-whats-the-difference/
>>
>> So even here the choice of declaring Android Dominant isn't an open and
>> shut case.
>>
>> 3. *Amazon Web Services*. Even though it is the 800 Pound Gorilla of
>> Cloud Services it is far from dominant. Here's how it stakes up against the
>> other big players.
>>
>>  https://www.channele2e.com/2016/02/04/cloud-market-share-20
>> 16-aws-microsoft-ibm-google/
>>
>> My point is that the whole Tech space is so fluid and moving that using
>> age old dominance and monopoly conversations simply don't cut it anymore..
>>
>> Ali Hussein
>> +254 0713 601113
>>
>> Twitter: @AliHKassim
>> Skype: abu-jomo
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>> "We are what we repeatedly do. Excellence, therefore, is not an act but a
>> habit." ~ Aristotle
>>
>> Get Outlook <https://aka.ms/sdimjr> for iOS
>> _____________________________
>> From: Sidney Ochieng via kictanet <kictanet at lists.kictanet.or.ke>
>> Sent: Tuesday, April 25, 2017 8:29 PM
>> Subject: Re: [kictanet] Safaricom may face sanctions over network outage
>> To: <ali at hussein.me.ke>
>> Cc: Sidney Ochieng <sidney.ochieng at gmail.com>
>>
>>
>>
>> Ali,
>> Your argument is simplistic and not based on reality. Monopolies exist
>> still. Think of Facebook, Amazon and Google which are practically
>> monopolies in their core markets. Just because these monopolies are due to
>> self re-enforcing factors does change what they are
>>
>> Sent on the move, kindly excuse any typos.
>>
>> Sidney
>>
>> On 25 Apr 2017 5:51 p.m., "Admin CampusCiti via kictanet" <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> @Ngigi
>>>
>>> We have ourselves to blame. Or competitors for being 'weak'
>>>
>>> I'm simply not for the idea of 'rectifying' so called 'Market Failure'
>>> with the heavy hand of regulation.
>>>
>>> Dominance/Monopolies are a thing of the past. It maybe simplifying an
>>> issue but let's face it. Even with Mpesa being so dominant 90+% of our
>>> transactions in this country are still cash based. So where's the
>>> Dominance? :-)
>>>
>>> *Ali Hussein*
>>> *Hussein & Associates*
>>> +254 0713 601113 / 0770906375
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>> <http://ke.linkedin.com/in/alihkassim>
>>>
>>> Blog: www.alyhussein.com
>>>
>>> "Discovery consists in seeing what everyone else has seen and thinking
>>> what no one else has thought".  ~ Albert Szent-Györgyi
>>>
>>> Sent from my iPad
>>>
>>> On 25 Apr 2017, at 5:39 PM, Ngigi Waithaka <ngigi at at.co.ke> wrote:
>>>
>>> @Ali,
>>>
>>> My concern is between now and when the so called 'market' takes care of
>>> this issue.
>>>
>>> As we have seen yesterday, We are one hack away from the entire country
>>> being taken down almost completely by the failure of a single firm.
>>>
>>> Twendeleeni vivyo hivyo!
>>>
>>> On 25 Apr 2017 5:24 p.m., "Admin CampusCiti" <info at campusciti.com>
>>> wrote:
>>>
>>>> @Ngigi
>>>>
>>>> I'm with Tom on this one. I actually don't see how the Dominance
>>>> conversation has crept  into this discussion :-)
>>>>
>>>> We have a choice.
>>>>
>>>> For Mpesa
>>>> 1. Airtel Money.
>>>> 2. PesaLink
>>>> 3. MULA -  I actually now use Mula for all my bill payments. It's just
>>>> super useful. Even the Safaricom App that's been launched doesn't hold a
>>>> candle to Mula.
>>>> 4. Orange money.
>>>>
>>>> For Connectivity
>>>> 1. Orange
>>>> 2. Liquid
>>>> 3. Airtel (by the way there are other parts of this country like Kilifi
>>>> for example that Airtel has a far better network..
>>>> 4. Surf by Facebook 😜
>>>> 5. Zuku
>>>> 6. JTL
>>>>
>>>> As Kenyans we simply cannot go back to having this Dominance
>>>> conversation since we are in a free market and there is choice.
>>>>
>>>> Vote with your wallet, like I have. Safaricom will continue to improve
>>>> or it will become irrelevant. Think Microsoft, Think Compac, Think Kodak ,
>>>> Think Nokia.
>>>>
>>>> C'mon guys..The market will take care of this issue. And guess what?
>>>>
>>>> YOU ARE THE MARKET (Chukua control wewe mwenyewe!!)
>>>>
>>>> Don't punish Safaricom for weakness in competitors and your own
>>>> 'laziness' :-) to choose a different service provider if you are unhappy
>>>> with current services.
>>>>
>>>> *Ali Hussein*
>>>> *Hussein & Associates*
>>>> +254 0713 601113 / 0770906375
>>>>
>>>> Twitter: @AliHKassim
>>>>
>>>> Skype: abu-jomo
>>>>
>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>
>>>> Blog: www.alyhussein.com
>>>>
>>>> "Discovery consists in seeing what everyone else has seen and thinking
>>>> what no one else has thought".  ~ Albert Szent-Györgyi
>>>>
>>>> Sent from my iPad
>>>>
>>>> On 25 Apr 2017, at 10:43 AM, Ngigi Waithaka via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>> Ali,
>>>>
>>>> Do you now see the wisdom of declaring Safaricom dominant and at least
>>>> getting 2-3 other players with a sizeable market share to spread the risk?
>>>>
>>>> When Safcom goes down and it will inevitably will at times, the
>>>> following happens:
>>>> 1. 80% of the country citizens are without communication
>>>> 2. 80% of the country's citizens are without access to money & banking
>>>> services.
>>>> 3. 100% of the police security & communication system is offline.
>>>>
>>>> We put all our country's eggs in that one basket... and the basket is
>>>> bound to drop once in awhile....
>>>>
>>>> On 25 Apr 2017 9:35 a.m., "Admin CampusCiti via kictanet" <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Listers
>>>>>
>>>>> This issue continues to have serious ramifications. Yesterday Bob, the
>>>>> CEO, made a very impassioned statement on the downtime. I liked the fact
>>>>> that he said there's no excuse for such a thing to happen and that they are
>>>>> working on restoring full services.
>>>>>
>>>>> However, I think Bob's statement simply didn't go far enough. We are
>>>>> seeing a different Safaricom - one that seems attuned to the customer and
>>>>> more open that's why I'm disappointed that Mpesa is still down today
>>>>> morning and we have had nothing from Safaricom. A simple use of SMS to
>>>>> update us on an hourly basis is not too much to ask.
>>>>>
>>>>> It's clear that Safaricom is now so embedded in our lives that total
>>>>> openness is not only a must it's a Business Continuity Conversation.
>>>>>
>>>>> *Ali Hussein*
>>>>> *Hussein & Associates*
>>>>> +254 0713 601113 / 0770906375
>>>>>
>>>>> Twitter: @AliHKassim
>>>>>
>>>>> Skype: abu-jomo
>>>>>
>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>
>>>>> Blog: www.alyhussein.com
>>>>>
>>>>> "Discovery consists in seeing what everyone else has seen and thinking
>>>>> what no one else has thought".  ~ Albert Szent-Györgyi
>>>>>
>>>>> Sent from my iPad
>>>>>
>>>>> On 24 Apr 2017, at 11:18 PM, Sidney Ochieng via kictanet <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>> Safaricom may face sanctions over network outage
>>>>>
>>>>> http://www.businessdailyafrica.com/news/Safaricom-may-face-s
>>>>> anctions-over-network-outage/539546-3902518-15d86gnz/index.html
>>>>>
>>>>> That one network has this much power over economy is frightening and
>>>>> must be addressed. Today has proven that it's not enough that Safaricom
>>>>> says they won't misuse their dominance, it's enough that if they fail the
>>>>> country slows to a crawl.
>>>>>
>>>>> Sent on the move, kindly excuse any typos.
>>>>>
>>>>> Sidney
>>>>>
>>>>> _______________________________________________
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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.
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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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>>>
>>> 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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>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>> ailman/options/kictanet/ngigi%40at.co.ke
>>
>> 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.
>>
>
>
>
> --
> *Regards,*
>
> *Wait**haka Ngigi*
> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
> Building
> T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
> www.at.co.ke
>
> _______________________________________________
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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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