[afrinic-discuss] Africa underseige, we have an opportunity to salvage it

Eric Osiakwan eric at afrispa.org
Tue Mar 8 01:00:42 SAST 2005


Dear Africans, Africans in the world and global partners,

What happened in Kenya a few hours ago in the same as what happened in Togo with the death of President Gnassingbe Eyadema of Togo a few weeks ago and if we as a people did put pressure on the Togolese authorities to return to constitutional rule then i call you to join me in demanding that the Kenyan authorities recind their decision to interfer with a State institution in the manner in which thay have 
done. 

I think some form of industry (s) and individual reaction is needed because it is important for us to send a message out there that it is totally unacceptable to tamper with State institutions that uphold democratic tenets and the rule of law on our continent. 

Am afraid but this has a direct bearing on other sectors like water, electricity etc and can happen anywhere in Africa. Utility regulatory institutions are very important and we must push back actions that treat them this way - this is a major threat to the rule of law. It is also important for us to see this as a major setback for public policy, donors, private sector, regulators, consumers that are not only represented in the IP and Telecom sector but also in the other state sectors. 

Please the least you can do is to send am e-mail to the kenya State through; contact at statehousekenya.go.ke 

And to the President through; president at statehousekenya.go.ke

You can also send a letter or make a call or telegram to the Kenyan government through; 
Office of the President
Harambee House, Harambee Avenue, 
P.O. Box 30510, Nairobi, 
Tel. (254-020) 227411 
Telegrams: "RAIS"


Read below

--------------------------------------------------------------------

Press Release 

For Immediate Release 

Tuesday, March 8, 2005 

The 7th of March 2005 will go down in history as one of the darkest days in 
Kenya's and Africa's communications sectors. This is the day that the Kenyan 
Government, in a totally incomprehensible manner dissolved the 
Communications Commission of Kenya's Board of Directors and relieved the 
Director General of his duties. 

The actions taken by the government can only be construed as intrusive, 
obstructive shortsighted and diversionary as they come in the midst of an 
ongoing liberalisation of the sector, end of exclusivity of Telkom Kenya and 
fast convergence of technologies that are currently presenting regulators 
worldwide with unforseen challenges. 

It is our contention, on behalf of the industry, that this was a hurried, 
unplanned and poorly thought out action. The ongoing disputes within the 
sector which have been prompted by the newly opened market demand that the 
country have a stable, objective and level-headed regulator. The immediate 
former Board of Directors and Director-General had successfully managed 
Kenya's transition into a competition framework. 

Besides this, the immediate former Director General is the current Chairman 
of the International Telecommunications Union Council which oversees 
telecommunications worldwide. This is due to recognition by the 
International community of CCK's outstanding efforts to reform Kenya's 
regulatory environment from one of the worst in the world to the current 
status where we are being emulated by countries such as South Africa because 
of our exemplary and progressive regulations. 

This action by the Government has thrown the entire industry into disarray. 
The CCK Board plays such a crucial role that now no further licenses can be 
issued, no disputes can be settled and no formal regulatory interventions 
can take place and there is no clear communication from the Government as to 
how affairs within the sector are to be managed. 

Currently over 100 companies await the processing of their licenses in order 
to establish business, employ Kenyans and bring communications facilities 
and services to the economy. This has all been cut short by interference 
from the very Government that committed itself to economic reforms, improved 
employment and support for private-sector driven development. 

The appointment of an acting Director-General from a Ministerial department 
also raises questions as to the sincerity of the Government in providing for 
an independent regulator as mandated by the Law (KCA '98). 

We do not need to emphasise the fact that the same Government has failed in 
it's primary role of providing policy guidance for the sector over the past 
4 years and instead has resorted to frustrating and now completely disabling 
the only agency that has promoted investment and development within Kenya's 
communications sector. 

On hearing this news, the Chairman of the African ISP Association, Mr. W. 
Stucke, who is based in South Africa reacted by saying "Good grief! Now 
watch investments in Africa as a whole, not just Kenya wither up and blow 
away in the wind..." 

It is our understanding that the position of Director General has tenure of 
office under the Communications Act '98 and his removal from active duty 
without any explanation begs the question as to whether the government 
really respects the Law. This same law has safeguards to protect the 
regulator from interference but these seem to have been completely ignored 
by the Government who today are interested parties in the communications 
sector. 

We hereby express our outrage at the way in which this matter has been 
handled and demand an immediate explanation from the Government regarding 
it's actions and it's plans to restore confidence and stability in the 
communications sector in the shortest time possible. 

Mr. Joseph Mucheru, 
For Telecommunications Service Providers of Kenya 

Chairman 
For more details, Call +254 20245630 

-- 
Joseph Mucheru 
Chairman 
Telecommunications Service Providers Association of Kenya (TESPOK) 
14th Floor, Bruce House - Standard Street 
P O Box 27589 -00506 Nairobi, KENYA 
Tel:    +254-20-245036 
Http://www.tespok.co.ke 



STOP PRESS! Kenyan Govt dissolves CCK Board! 
> Importance: High 
> 
> 
>I am sitting here writing this email in a state of shock and disbelief. Two 
>hours ago I received a frantic phone call from a shaken member of the press to 
>inform me that CCK has been dissolved. 
> 
>In a press release that was sent out at 7:45pm this evening, the Minister 
>for Information and Communication, Raphael Tuju announced that he has 
>dissolved the CCK Board of Directors and sent the Director General S Kirui on 
>compulsory leave. The former secretary to the National Communications 
>Secretariat Dr. J. Kulubi has been appointed as acting DG. 
> 
>This is an utter disgrace and has shocked the industry to the core! My phone 
>has been ringing off the hook. This government interference in our sector has 
>gone too far! And especially coming the day after a damning report on how the 
>immediate former Assistant Director was relieved of duty by Minister for 
>Communications after exposing a massive racket in which Telkom Kenya was being 
>fleeced of millions of dollars. 
> 
>It appears that this most recent development has the 3rd GSM license fiasco as 
>some kind of smoke screen - maybe to divert Kenyans short attention span from 
>the very serious questions that the investigative report in yesterday's East 
>African Standard raises. 
> 
>Anyway I now need to go to my arsenal and get ready to do battle. 
> 
>Weep for your country dear Kenyans - as we fight to bring sanity into our 
>nation's affairs! 
> 
>Brian 
>-- 
>Brian Longwe 
>Chief Technology Officer 
>ISP Kenya Ltd. 
>P.O. Box 43042, Nairobi, Kenya 
>Tel: +254 2 444 5959; Fax: +254 2 4446772 
>E-mail: cto at nbi.ispkenya.com 
>Website: www.ispkenya.com <http://www.ispkenya.com> 




--
Eric M.K Osiakwan
Executive Secretary
AfrISPA (www.afrispa.org)
Tel: + 233.21.258800
Fax: + 233.21.258811
Cell: + 233.244.386792
Handle: eosiakwan
Snail Mail: Pmb 208, Accra-North
Office: BusyInternet - 42 Ring Road Central, Accra-North 
Blog: http://afrispa.skybuilders.com/users/Eric/blog.html
Slang: "Tomorrow Now"
--



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