It is clear that the drafters of the Constitution intended that the regulatory regime of the media and telecoms industry ought to be independent. In the words of Article 34(5) of the Constitution, Parliament is required to establish a “body which shall (a) be independent of control by government, political interests or commercial interests, and (b) reflect the interests of all sections of the society.” The Board of the Communication Authority totally fails to adhere to this constitutional imperative. Ms Patricia Kimama is a Board Member of the CA. She is also the “Head of Cash Management and E-Channels” at…
Author: NLM Editor
The board at the Communication Authority of Kenya (CA) ignored management’s advisory for an out-of-court settlement with operator Airtel, which would have saved the Authority from financial and reputational injury. CA management had warned that putting a defence against Airtel in a case the operator had challenged the demand of Sh2.1 billion license fee ($20,025,000) would be counterproductive, and would expose the Authority to financial and image losses. Hardly a week had passed after initially agreeing to the proposal for a negotiated settlement, when the board inexplicably reversed its decision, reportedly from external influence. Airtel had been fighting the license…
By Payton Mathau Establishing the market dominance of mobile and data service providers has, for years now, become – arguably – the most discussed topic in the telecommunications sector. Yet, a report whose findings and recommendations could have settled the matter has been gathering dust at the Communication Authority of Kenya (CA) for some five months now, apparently because of sustained efforts from people in high places in government to protect Safaricom by scuttling the report’s implementation. So vicious it has been, the Nairobi Law Monthly has learnt, that at one meeting by top Ministry of Information, Communication and Technology…
By NLM writer The NLM caught up with Marek Rohr-Garztecki, permanent Representative of the Republic of Poland to UNEP and UN Habitat, to discuss matters trade and diplomatic relations. The following is an excerpt of that interview You have been here a while now. How does compare to the other countries where you have served such as Angola, Sao Tome and Principe and Gabon? I have taught contemporary African studies in Poland and I always repeat that there is no such thing as Africa. Because of the multiplicity of languages, countries here are so diverse. The biggest difference between Kenya…
By Tioko Ekiru Emmanuel In February 1901, Oliver Wendell Holmes was asked to make some remarks on “John Marshall Day,” the 100th anniversary of the day on which Marshall took his seat as chief justice of the United States. Sixty-five years after his death, Marshall, had become a legend, and the legal journals and reports were filled with lush praise of his accomplishments. Holmes’ comment was more reserved. At one point he said, “I should feel… a doubt whether, after Hamilton and the constitution itself, Marshall’s work proved more than a strong intellect, a good style, personal ascendancy in his…
Peter Wanyonyi There was a time when everything happening in the East African Community revolved around Kenya. This was when Kenya was the leading economic power in the region, Tanzania was mired in the leftover decline of its socialist past, and Uganda was tied up in war after civil war. The less said about Rwanda and Burundi over that period the better. Kenya looked good because we didn’t have the all-out wars of Uganda and Rwanda-Burundi, and because our industrial base stood out in stark contrast to the centrally-planned poverty then prevalent in Tanzania. The legacy of this still obtains…
By Joel Okwemba The entrenched relations that the United States has built in Africa since the independence of most African States has grown deeper over time – until the inauguration of President Donald Trump. It comes out clearly from a research (2017) that was done across the world by Pew Research Centre headlined “U.S. Image suffers as publics around the world question Trump’s leadership”. The quantitative result of the research showed that a median of just 22% has confidence in Trump to do the right thing on global affairs in contrast to 64% as median for Obama’s confidence level to…
By Shadrack Muyesu In an article appearing in the Business Daily on 20th December 2017, Let’s optimise Big Data for revenue collection, Dr Bitange Ndemo identified the emergence of sharing economy as posing the greatest challenge to revenue collection. It was his contention, and correctly so, that open source software, though widely used, does not have a designate home where value created can be taxed or recognised by national accounting. His advice was for government to optimise Big Data for revenue collection. In a subsequent article appearing on Dec 29, he further urged monopolies to share the resource to enable…
By Yasin Arkan The Pretty “…we have owned this land since my father and grandfather…” – Maria Dodd of Kifuko Farm The sayer of these words could go no deeper, for there was no deeper. Neither could she show any legal mode of acquisition by her grandfather, for there was none. Actus Reus: Imperialist expropriation. Primitive Accumulation. She enjoyed the utility of land acquired through expropriation by imperialist means. She did not/does not/cannot/will not own the land. Ownership requires a level of legitimacy history will never allow her, and legality can never give her. Britain’s Imperial Capitalist order dominates the…
By Alfred Mosoti Since antiquity, human beings have had the collective inherent weakness of denying facts, especially those go against their innate wishes. As a result, many people tend to be apprehensive to telling truth-unfavourable realities. The few who do it are often vilified; happily, truth does come out eventually. This fact can be perfectly depicted by paraphrasing George Orwell’s assertion that during moments of global falsehood, proclaiming the truth is a heroic move. When the astronomer Galileo Galilei, submitted his thesis that the earth is spherical and not flat as was universally “established”, he was labelled a madman –…