February 2011 - KICTANet

Day 9: SECTION 21: LEGAL PROCEEDINGS and SECTION 22: LEGALITY OF ACTS
by Catherine Adeya 24 Feb '11

24 Feb '11

Dear Listers, Only two more days to go; so please feel free to respond to any issues from Day 1-9 under the correct headers. Yesterday, we discussed the dissolution of CCK; transfer of staff; and transfer of rights, liabilities and obligations. Kerubo said it should be clear that CCK will be dissolved only when the ICCK Act is passed. Therefore, she suggests a revision to the meaning of 'effective date' in part one to read: "effective date" means the date that this Act shall be passed, which date shall be determined by the Cabinet Secretary by Gazette notice. Stanely Murage on the other hand suggested that Section 20 should have terms like "assets, and probably treaties, etc " as some may not be covered under the usual rights. Today we discuss: SECTION 21: LEGAL PROCEEDINGS SECTION 22: LEGALITY OF ACTS - In essence any legal matters before CCK would be dealt with by ICCK. Question: Any issues with this? Best Wishes, Nyaki

2 3

IGF Mandate Renewed
by waudo siganga 24 Feb '11

24 Feb '11

Dear Colleagues - for those following the IGF, information is that the UN General Assembly has renewed the mandate for another 5 years starting tomorrow. The 2011 activities will kick off with open consultations in Geneva Feb 23-24. You will also remember that Kenya has proposed to host the 6th IGF meeting at the end of September. Kind Regards, Waudo

2 1

Project Management and ITIL Foundation Training
by Mr. Lawi 24 Feb '11

24 Feb '11

Hello good people, Some time in January there was a thread about PM training and many people expressed interest in signing up for a certification course. I also promised to get back to the group on the said PM training schedule for the year. The company is called Prometrics Associates Kenya. Below is the forwarded introduction letter the company sent to me: RE: PROJECT MANAGEMENT AND ITIL FOUNDATION TRAINING We write to introduce our training and consulting firm Procept Associates with presence in Canada, Nigeria and now Kenya. Procept has formally entered the East African market this year looking to elevate the regions training and consulting experience. Procept is recognized as a market leader in its core capability areas within its geographies of operation. We have previously delivered courses in Kenya (under local partnership arrangements) to delegates from K-Rep Bank and Sofgen, and in Nigeria to delegates from Central Bank of Kenya. Procept is running a 3-day Project Management Essentials course from March 7-9, and ITIL Foundation V3 course, from March 14-16, 2011. The course brochures for these two courses as well as the Instructor Biography are attached. To promote this first public offering in Nairobi, Procept is offering one free space for every 3 fully paid candidates from your organization - this excludes exam fees. Kindly complete the attached Registration Form, and forward via email to Ms Jane Njeru at info(a)proceptkenya.com or call her on +254 722 958 637 for further enquiries. Yours truly, Sola Oduko Website www.procept.com Premier Training and Strategic Consulting in PM, BA, IT Service Management and Business Continuity Management Encl: Course Brochures, Registration Forms and Biography of Instructor.

1 0

Safaricom – A Modest Proposal (Was Re: Price Control in the Telecom Market in Kenya?)
by McTim 24 Feb '11

24 Feb '11

All, Steve Song is, as usual, on point in this article: http://manypossibilities.net/2011/02/safaricom-a-modest-proposal/ Whiteafrican has just blogged about it as well. http://whiteafrican.com/2011/02/21/phone-and-internet-mesh-for-african-vill… I have been on the Village Telco dev list for a while, if anyone is interested, ping me offlist. -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel

3 2

Mobile money transfers on con hit list
by Grace Githaiga 23 Feb '11

23 Feb '11

Listers, I do not intend to divert you from the ICCK debate, but this is a commercial break. Please see this just just incase you missed it. The article points out that ther are no specific laws in Kenya to deal with such crime. Quite worrying. Mobile money transfers on con hit list. http://www.nation.co.ke/Features/money/Mobile+money+transfers+on+con+hit+li… And now, back the the ICCK debate. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!

1 0

Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission
by stanley_murage＠yahoo.com 23 Feb '11

23 Feb '11

I strongly support the inclusion of Information Technology as one of the key experience fields /professions from which Commissioners may be selected. S.K.Murage Sent from my HTC ----- Reply message ----- From: "Walubengo J" <jwalu(a)yahoo.com> Date: Wed, Feb 23, 2011 11:06 Subject: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission To: <stanley_murage(a)yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> On appointments of Commissioners, it says on Pg5, that they should: (ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting telecommunications , law, , media, and economics, or any other related expertise or qualifications. I know we cannot fit in ALL the relevant professions but methinks leaving out IT (Information Technology) would be quit a loud gap considering this commission is supposed a converged commission that put together Media, IT and Telecoms. walu. --- On Thu, 2/17/11, Catherine Adeya <elizaslider(a)yahoo.com> wrote: From: Catherine Adeya <elizaslider(a)yahoo.com> Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission To: "Walubengo J" <jwalu(a)yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Date: Thursday, February 17, 2011, 1:44 PM Thanks Walu, I will try and respond to what I can and hope others with more expertise can chip in. Are you suggesting that WHO gets appointed is not as critical as the representative structure of the Commissioners? I do not want to deliberate more on that without taking sides as I also have an opinion and may understand where you are coming from. Yes this new Draft Bill does outline the representative structure of the persons to be appointed to the Commission in Section 5(3) b. ii Persons who....."possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics, or any other related expertise or qualifications" (I have ignored some of the obvious editorial errors which are mostly punctuation and an Editor can sweep through this). We will discuss terms of Office tomorrow but suffice it to say that the Chairperson will hold Office for 5 years and a Commissioner for 2 terms. Lets revisit this kesho. [AN ASIDE: Walu, you are my friend...and I know you like reading....si you read this Bill please...it is in the Ministry website http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid… and it will answer a number of your queries. It is not very long:-)))]. Best Regards, Nyaki From: Walubengo J <jwalu(a)yahoo.com> To: Catherine Adeya <elizaslider(a)yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Thu, February 17, 2011 11:08:57 AM Subject: Re: [kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission Nyaki,

4 9

Re: [kictanet] Day 8: SECTION 18: DISSOLUTION OF CCK; SECTION 19: TRANSFER OF STAFF
by stanley_murage＠yahoo.com 23 Feb '11

23 Feb '11

Would be good to include under Section 20 terms like "assets, and probably treaties, etc ", as some may not be covered under rights, ie ITU and similar organizations which recognize countries. Stanley Murage ----- Reply message ----- From: "Catherine Adeya" <elizaslider(a)yahoo.com> Date: Wed, Feb 23, 2011 14:26 Subject: [kictanet] Day 8: SECTION 18: DISSOLUTION OF CCK; SECTION 19: TRANSFER OF STAFF To: <stanley_murage(a)yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Thanks Kerubo..... ________________________________ From: k..k. ombati <kaykerubo(a)gmail.com> To: Catherine Adeya <elizaslider(a)yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Sent: Wed, February 23, 2011 11:34:16 AM Subject: Re: [kictanet] Day 8: SECTION 18: DISSOLUTION OF CCK; SECTION 19: TRANSFER OF STAFF hey listers, i think they should revise the meaning of 'effective date' in part one to read something like: "effective date" means the date that this Act shall come into force,which date shall be determined by the Cabinet Secretary by notice in the Gazette' so that it is clear that CCK becomes dissolved once the ICCK Act comes into force On Wed, Feb 23, 2011 at 4:49 AM, Catherine Adeya <elizaslider(a)yahoo.com> wrote: Dear Kictanet Members, > > >Day 7 was a relatively quiet day with only one substantive contribution from >Mike Theuri on Section 14(2) where he suggested that there could be a number of >approaches but should comply with existing law or also adopt an internal policy >or both, he recommended that is should read: > >The Commission shall establish and adhere to an equal employment opportunity >policy and/or shall comply with equal employment opportunity laws that prohibit >among other practices, discrimination in the consideration of employment on the >basis of colour, race, national or geographic origin, physical or mental >handicap, gender, sex, ethnicity, religion, marital status, age for the purposes >of employment. The Commission shall make reasonable accommodations for qualified >staff members or employment candidates who may have a physical or mental >handicap that would be a hindrance to job performance in the absence of >these accommodations to allow them to carry out their respective employment >duties. > >The other contributions were more of ‘asides’. Today we move to Day 8 on: > >SECTION 18: DISSOLUTION OF CCK >SECTION 19: TRANSFER OF STAFF >SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS > > >SECTION 18: >18 (1) The CCK hereby dissolved with effect from the effective date. >18(2)(a) CCK Board to stay in Office until before first meeting of the >Commission. > > >Question: Is this straightforward or are there any comments? > > >SECTION 19: >- All staff will be transferred to the Commission but their remuneration will >not be significantly different if I understand it correctly. > > >SECTION 20: TRANSFER OF LIABILITIES ETC. >- Essentially everything that CCK owns will be transferred to ICCK…makes sense >huh? > > We only have two more days for this discussion...kindly send in any opinions >you may have. > > >Best Wishes, > > >Nyaki > > >_______________________________________________ >kictanet mailing list >kictanet(a)lists.kictanet.or.ke >http://lists.kictanet.or..ke/mailman/listinfo/kictanet > >This message was sent to: kaykerubo(a)gmail.com >Unsubscribe or change your options at >http://lists.kictanet.or.ke/mailman/options/kictanet/kaykerubo%40gmail.com > >

2 1

Wezesha Laptop Campaign abused
by Harry Karanja 23 Feb '11

23 Feb '11

The Wezesha Laptop Campaign was a noble initiative to give students the chance to acquire laptops at subsidized rates. It is therefore saddening when I heard from several students that the vouchers worth KES. 10,000 are being re-sold at between KES. 2,500 and KES. 3,000. This is down to two factors: 1. the failure by well meaning students to acquire the vouchers within the registration period 2. the infiltration of the initiative by businessmen who use student proxies to buy the laptops at the subsidized rates and later resell them at a profit It is therefore very likely that a number of the 15,000 plus laptops will find their way back into the market and not benefit the intended recipients. How can the next initiative be structured to meet these challenges? Regards, Harry Karanja n Director n SoftLaw Limited n Genius Executive Centre n 15th Floor View Park Towers n Utalii Lane n Nairobi CBD n Tel: +254 20 342 225

4 3

Day 8: SECTION 18: DISSOLUTION OF CCK; SECTION 19: TRANSFER OF STAFF
by Catherine Adeya 23 Feb '11

23 Feb '11

Dear Kictanet Members, Day 7 was a relatively quiet day with only one substantive contribution from Mike Theuri on Section 14(2) where he suggested that there could be a number of approaches but should comply with existing law or also adopt an internal policy or both, he recommended that is should read: The Commission shall establish and adhere to an equal employment opportunity policy and/or shall comply with equal employment opportunity laws that prohibit among other practices, discrimination in the consideration of employment on the basis of colour, race, national or geographic origin, physical or mental handicap, gender, sex, ethnicity, religion, marital status, age for the purposes of employment. The Commission shall make reasonable accommodations for qualified staff members or employment candidates who may have a physical or mental handicap that would be a hindrance to job performance in the absence of these accommodations to allow them to carry out their respective employment duties. The other contributions were more of ‘asides’. Today we move to Day 8 on: SECTION 18: DISSOLUTION OF CCK SECTION 19: TRANSFER OF STAFF SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS SECTION 18: 18 (1) The CCK hereby dissolved with effect from the effective date. 18(2)(a) CCK Board to stay in Office until before first meeting of the Commission. Question: Is this straightforward or are there any comments? SECTION 19: - All staff will be transferred to the Commission but their remuneration will not be significantly different if I understand it correctly. SECTION 20: TRANSFER OF LIABILITIES ETC. - Essentially everything that CCK owns will be transferred to ICCK…makes sense huh? We only have two more days for this discussion...kindly send in any opinions you may have. Best Wishes, Nyaki

2 6

Day 4: Consitutions and Appointment of Commissioners to the Commission
by Catherine Adeya 23 Feb '11

23 Feb '11

Listers, As we continue our debate on the draft 'Independent Communications Commission of Kenya Billl 2010' we recall how yesterday, we opened the discussion on the functions of the Commission where the key issue is that the ICCK will have to perform duties imposed on it by the former Commission. We did not have many contributions and I should not give my viewpoint too much but in this case indulge me. I believe the word ‘imposed’ must go. The other contribution was by Waudo mainly concerned with whether the ICCK will continue in its policy formulation function or whether it will be clear that it is meant to implement policy. He argued that since ICCK will take over whatever CCK has been doing then how does one deal with the aspect of being “independent of control by government” when in essence CCK votes at the ITU based on instructions from the Government of Kenya. If you want to continue anything on the Day 3 discussions kindly do so under the relevant header…contributions are still welcome. Today is Day 4 and we move to: SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO THE COMMISSION SECTION 6: DISQUALIFICATION SECTION 5: The Commission consists of 7 Commissioners appointed by the President on the recommendation of the Public Service Commission (PSC). Process: 1. Minister consults with PSC within 7 days of commencement of the Act ad declares vacancies and request for applications. 2. Application to be forwarded to PSC within 14 days of notice (by a qualified person or person/organization/group proposing qualified person) 3. PSC interviews and shortlists 2 people qualified for Chairperson and 9 people for members 4. Within 7 days President appoints Chairperson and members. Question: Is this process fluid enough? Key issue I would also like you to consider: pg. 5, Section 5 (No. 3) about the type of person to be appointed, in a nutshell: - Committed to fairness, freedom of expression, etc. - Represents a large cross-section of the population I am particularly interested in No. 3 (ii) [which requires serious editing anyway, I have done a little of it below though still wordy]: (ii) Possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, telecommunications, law, media and economics; and any other related expertise. Question: What are your thoughts on the kind of Commissioners needed? Do you think there should be a little more here about the calibre of a Chairperson? Where do gender issues come in? Or rather gender balance as this is still a problem in many of these appointments in Kenya. SECTION 6: Disqualification: There is a whole list of reasons on pg. 6, Section 6 on people who cannot be appointed to the commission. It includes: - is not a Citizen of the Republic (I think this should be simply Kenya) - is a public servant or holder of any other remunerated position under the State - is an employee or employee of any party, movement..etc. - has been convicted of any criminal charges… Question: Read through and see if they are satisfactory? One that is not clear and in my view needs serious editing is: 6. (1) f. A person may not be appointed as a Commissioner if he or she or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (f): HELP! I am supposed to be a moderator, but who understands this or can make it simpler but clearer. It definitely needs to change. Best Regards, Nyaki

6 16