December 2008 - KICTANet

(no subject)
by Florence Etta 31 Dec '08

31 Dec '08

My dear, Allow me to wish you a 2009 full of joy, laughter & accomlplishments. As you review your 2008 and move in to a full embrace of the new year, may you acknowledge the gift of the new year, cherish the opportunities in the new year and live the experiences of the year to the full so as to make a difference in our world. May the good Lord bless you and yours in a really special way in 2009. Best wishes, Florence Etta New York

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Legal Opinion by Haron Ndubi
by Bill Kagai 30 Dec '08

30 Dec '08

* A LEGAL OPINION ON THE LEGISLATIVE PROBITY AND PROCEDURE FOR THE KENYA COMMUNICATIONS (AMENDMENT) BILL 2008.* *For Kictanet through Mediacorp* *By Haron M Ndubi, Advocate* The Kenya Communications (Amendment) Bill 2008 was introduced by the government through the minister for Information to parliament. The object of the new amendment is found primarily in both the preamble and the memorandum of Objects and Reason explaining the Bill. The preamble is herewith reproduced: * "….An ACT of Parliament to amend the Kenya Communications Act, 1998, to make minor amendments to the statute law, and for connected purposes"* The long title of the 1998 Act provides thus: *"….to facilitate the development of the information and communications sector (including broadcasting, multimedia, telecommunications and postal services) and electronic commerce*" Generally speaking and found in the memorandum of objects and reasons, the Bill proposes to and indeed does affect three major sectors. 1. Communications 2. E Commerce 3. Media and Broadcasting 4. Criminal and evidence law 5. (Possibly inadvertently, the Constitution of Kenya). The objects proposing to bring developments in technology within the law so as to provide for investments in technology and to acknowledge and deal with cybercrime can hardly be faulted. Actually this has been long in coming. However, one needs to look into the cause(s) of the public and loud disquiet that has characterized debate leading to the petitions to the President to refuse to sign the Bill and return it to parliament as provided for under section 46 of the Constitution. Simply put, that section of the constitution provides the procedure for making law. Once a Bill is introduced, it goes to the House committee responsible for the matters therein for consideration. At this time the Bill is not in the house yet. The committee may make such changes as it may deem fit then approve it for the house. Upon, the tabling of the Bill, parliament debates it and decides one way or the other. If the Bill is rejected in toto. Then it may not be reintroduced onto the floor of the house until the expiry of six months. If the House amends it then it may pass with the amendments. Then it may go through the various readings until it becomes a proposed law awaiting the signature of assent from the President. (It must be noted though, that the House recently passed a raft of amendments to the Standing orders. One such is the time lapse before re introduction of a rejected bill into the house. The new rules become operational in March 2009. The new procedures allow faster, if not immediate reintroduction of a rejected Bill.) Once a Bill has been passed, on the other hand, it will be presented to the President by the Speaker for his Assent. In event the President refuses to assent to the bill, he is expected to return the bill to the Speaker, within fourteen days of such refusal. He has to accompany the refused bill with a memorandum or reasons for the refusal. Parliament is expected to; within twenty one days reconsider the Bill in consideration of the President's objections. If the House is convinced, they will make the proposed amendments and return the same to the president who SHALL then sign it into law. In event that the parliament rejects the president's objections, the bill will be returned to the president who may sign it. If he declined to sign it automatically becomes law within fourteen days of such presentation to the President. That the Kenya Communications (Amendment) Bill 2008 was proposed singularly to amend the 1998 Act is in no doubt. Therefore, the opportunity to amend the obnoxious section 88 of the 1998 Act indeed lay before the house. However, we are told that the proposal to amend section 88 of the 1998 Act was rejected at the committee stage. It was therefore not debated by the house. The question that then emerges is this; can the President take the bill back to ask that Parliament reconsiders that section 88 for repeal? My answer is YES. He can. In doing so, the president will be dealing with another function that the Attorney General would have performed. That of advising that the section 88 would be unconstitutional. He didn't in 1998, he hasn't now. If the President assents to the Bill he will do so having failed to promote the deletion of section 88 in the 1998 Act, yet he will have protected the gains relating to ICT rather than broadcasting and other media. If he refused to assent, then the question is how long will it be before it becomes law? If the Parliament stays in recess until March as envisaged, then the president may withhold his decision on the Bill until parliament resumes. This is because time will be expected to run as soon as he advises the speaker of his rejection. Should he assent, it will not be said to automatically come into force immediately. The Bill contains provision for phased implementation of the law. The minister may appoint *effective* dates either for the whole law or diverse dates for various sections. This means that the concern on time on the part of Kictanet is not resolved by the mere passing of the Bill. But there are other reasons for which the media, some political leaders, civil society and others have sought the President's refusal to assent to the law. Broadly stated the issues are three fold. 1. The power on the minister to confiscate equipment 2. The power of the government to control and regulate content 3. The lack of independence of the Regulatory body. On 1 above we have the foregoing text has a response. Without going into the merits of the other two concerns, it needs to be acknowledged that they are legitimate questions but have the potential of hamstringing one sector in favour of another. On the issue of 2 above for instance, the regulator needs to be able to help the media and the public classify material and allow it to be available for the respective client without undermining the public good. Therefore, an argument for a free hand will be inimical to public good. That said, and related to 3 a regulatory authority must be legitimate and credible. Therefore representation and greater presence of the diverse sectors responsible is a valid and legitimate concern. The initial error may have occurred when the ICT investment and advancement issues were mixed up with telecommunications and broadcasting. But that is debatable by the experts in the respective areas. In conclusion,, I would opine for two options: A). The President should be requested to expedite the decision on the Bill either way B)The President should be requested to recall parliament earlier than March so as to deal with the outstanding business. This way, if he assents to the Bill, those members of parliament opposed to the Bill could use their privileged position to move amendment motions. c)The affected sectors opposed to the existence of section 88 of the 1998 Act can move to the constitutional court and seek the judicial declaration that the section is unconstitutional thus it be repealed. -- Bildad Kagai MD - MediaCorp Limited Nairobi Stock Exchange Authorised Information Vendor Suite B2, Tetu Court, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 272 8332 Fax. Rendered Obsolete S - 1°17'13.8" E - 36°48'22.7" www.mediacorp.co.ke ---

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ZAIN's Club 20 Tarrif Suspended!
by Edith Adera 24 Dec '08

24 Dec '08

It was surprising to learn that subscribers are receiving notification from ZAIN that the club 20 Tarrif has been suspended for 24th December and 31st December, for what is indicated as system upgrade!! Why the specific dates of 24th and 31st December? Is it to cash in on the xmas and new year calls? What does consumer protection rights dictate? Can we hear from the regulator? Edith

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Rising voices grants
by Rebecca Wanjiku 24 Dec '08

24 Dec '08

http://globalvoicesonline.org/2008/12/23/rising-voices-seeks-micro-grant-pr… Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/

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Happy Holidays (and a clarification)
by Gakuru Alex 20 Dec '08

20 Dec '08

Dear All, This is to wish you most joyful festivities adding to what you already wish yourself for happy holidays. And have a Healthy, Prosperous and clearer 2009. Alex Gakuru PS: I've received several off-list comments suggesting that I am "in-charge" of kictanet. Well,,, I am not. I have never been, in any way, involved in kictanet administrative affairs; organizational, physical, lists. Alice Munyua and Washington Odhiambo run then. <http://lists.kictanet.or.ke/mailman/listinfo/kictanet> Please direct future inquiries to Alice / Washington. The ICT Consumers Association of Kenya, runs own consumer rights advocacy/interests mailing list. <http://www.bdix.net/mailman/listinfo/ke-internetusers/> My engagement has strictly been for consumers. Sincerely, Alex

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A call for assistance in translating documents developed by W3C
by Judy Okite 19 Dec '08

19 Dec '08

We welcome your assistance translating documents developed by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI). http://www.w3.org/WAI/translation In regards to the above request,I wanted to share info from one of the most interesting sessions that I attended at the recently concluded IGF. *Internet accessibility for persons with disabilities *The internet is about empowerment. Access to information and communication is a key aspect for participation in society. If people with disabilities are to exercise their rights actively, participate and make choices about their lives, it is essential that they can access information through adequate communication systems. For many people with disabilities, accessibility of Internet is a pre-requisite, a stepping stone for getting access to education, employment, health care, etc.. Persons with disability are primary stakeholders when It comes to the Internet development, thus should be fully Involved regarding the development of standards and the design of new communication and Information systems .What we all have to remember, is, in order to bridge the digital divide this group of persons must be included and empowered. - It is essential that all web content be accessible and understood by persons with sensory, physical or cognitive disabilities. - Websites need to be transformed to meet the accessibility standard - Information accessibility in remote areas and disadvantage groups should be given priority The Web Content Accessibility Guidelines (WCAG),stipulates that all web content must be: - Perceivable - Operable - Understandable - Compatible ATAG (Authoring Tool Accessibility Guidelines) defines how authoring tools should help Web developers produce Web content that is accessible and conforms to the Web Content Accessibility Guidelines (WCAG). ATAG also defines how to make authoring tools accessible so that people with disabilities can use them The authoring tool accessibility guidelines 2.0,will be published in December 2008 and its adoption, immediate, by all stake holders. For Access for persons with Disabilities to be on equal basis with others ,we need; Accessible Web Design  Promoting Accessibility and ICT on the web to minimize cost at early stage in design ,development, production and distribution  Promote Universal Design in Development of Standards & Guidelines  Promote Assistive Technologies in Research, Development, Availability and Affordability  Provide Accessible Information about New Technologies and Support Services Best Practices for Government should include and not limited to;  Mainstreaming Disability Issues for sustainable development  Supporting Cross-Disability Stakeholder Engagement  Promoting Accessible Web Sites & Documents Resource  Free online information www.tiresias.org/publications/ disabilities_standardisation/ index.htm Closing remarks from the chair; There is a great need to have international and national legal instruments such as the United Nations Convention on the rights of People with Disabilities to promote accessibility for persons with disabilities This is a very personal and emotional remark, but we cannot allow isolation of a part of the population due to lack of appropriate functionality that prevents the use of ICT resources by everybody to the fullest possible degree. Links with further information and initiatives: http://www.icdri.org/ http://www.w3.org/WAI/gettingstarted/Overview.html http://www.itu.int/themes/accessibility/dc/ Food for thought: *Is your website accessible, understandable and perceivable by everyone? *Kind Regards, -- "Each of us is great insofar as we perceive and act on the infinite possibilities which lie undiscovered and unrecognized about us." James Harvey Robinson

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Google vs Transparency
by Judy Okite 19 Dec '08

19 Dec '08

I love this!! Find the reading on the link,below http://news.cnet.com/surveillance-state/?authorId=9750511 Kind Regards, -- "Each of us is great insofar as we perceive and act on the infinite possibilities which lie undiscovered and unrecognized about us." James Harvey Robinson

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Comments on Bill Posted Online
by Edith Adera 19 Dec '08

19 Dec '08

Dr Ndemo, Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to “our right to know”? I’ve carefully read through these sections of the bill and have some comments: 1. Apart from the gender Insensitivity of this clause “46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;”, I’ve some substantive comments here below: 2. Section “46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part. Comment: I worry about the unspecified powers to prescribe content and “anything that may be prescribed” by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator? 3. section “46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.” Comment – might this limit creativity and public opinion type programming that allows free speech? I’ve concerns about this section below: 4. Section “88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.” Comment: what constitutes “interest of public safety and tranquillity” – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their “right to know” and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause? Lets remember that these laws will not only serve today but future generations with different leaders. Edith

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SEASONS GREETINGS!
by nancy bosire 19 Dec '08

19 Dec '08

Dear Customers, Clients & Prospective Clients/Customer, *and a prosperous 2009!* Looking forward to doing more business with you! >From the staff and management of Blueline Synergy Limited Nancy Bosire *Managing Director* Blueline Synergy Limited 1st Floor, New Rehema Hse, Rhapta Road, Westlands Tel: 020 2317230/29 Mobile: 0721907995 info@bluelinesynergy.com,nancy@bluelinesynergy.com http://www.bluelinesynergy.com Domain Registration.Web Design & Hosting.Software Development.LAN/WAN setup.Maintenance.Projectors.New/Used PCs & Laptops.Computer Accessories.Office Stationary "Your consistent thoughts create your consistent results." " It's difficult balancing optimism & realism, intuision & planning, faith & fact. But that's what it takes to be effective as a navigating leader."

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Sales and Marketing Executives
by nancy bosire 19 Dec '08

19 Dec '08

PLEASE FWRD I need two sales and marketing executives to be paid on commission starting January 5th 2009. my company offers ICT related goods and services. They should preferably be ladies. experience is not a must but a great personality and confidence is a must. please send CV to nancy(a)bluelinesynergy.com -- Sincerely yours, Nancy Bosire Managing Director Blueline Synergy Limited Tel: 020 2317230/29 Mobile: 0721907995 info@bluelinesynergy.com,nancy@bluelinesynergy.com http://www.bluelinesynergy.com Domain Registration.Web Design & Hosting.Software Development.LAN/WAN setup.Maintenance.Projectors. New/Used PCs & Laptops.Computer Accessories.Office Stationary "Your consistent thoughts create your consistent results." "Whatever your mind expects and demands, it will find a way to produce it." - Napoleon Hill Mahatma Gandhi once said:- First they ignore you, Then they laugh at you, Then they fight you, AND THEN YOU WIN!!!

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