December 2014 - KICTANet

Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology
by Grace Mutung'u (Bomu) 20 Apr '17

20 Apr '17

Dear all, the suit between Muite & Others versus Moses Kuria, which I understand is proceeding to court, should be a very interesting one to watch. Hopefully it shall give some insights on content control vs freedom of expression. See below. ---------- Forwarded message ---------- From: Ngunjiri <ngunjiri(a)kikuyusforchange.com> Date: Mon, 10 Oct 2011 16:05:07 +0300 Subject: {K4c} Defamatory Blog Publication by Moses Kuria & Demand For Apology To: KC4 <kikuyusforchange(a)googlegroups.com> This will most probably interest some of us, and help all of us be careful about what we write on our blogs. --- Ngunjiri [image: Issa & Co Advocates] Our Ref: M/058/001/L**** **** Tuesday, October 4, 2011**** **** Moses Kuria**** P. O. Box 1838-00200 ‘*Advance copy by email*’**** *NAIROBI***** **** Dear Sir,**** **** *RE: DEFAMATORY PUBLICATION ***** ------------------------------ We have been instructed by our clients, Wambugu Ngunjiri, Paul Muite, Ndung’u Wainaina, Maina Kiai and Hassan Omar.**** **** Our instructions are that you published in your widely read blog the following words of and concerning our clients.**** **** *‘I have said Ocampo has no case. All he has are fake witnesses coached by Hassan Omar, Wambugu Ngunjiri, Paul Muite, Ndungu Wainaina, Njonjo Mue and Maina Kiai.’***** **** Your insinuations are unfounded and baseless and our clients’ professional respective standings, characters and reputations have been severely tarnished by your publication.**** **** Our instructions are to demand a retraction, an apology and an admission of liability on your part for the publication of the defamatory words. This we hereby do. We shall address the issue of the damages payable to our clients upon receipt of your apology and admission.**** **** *NOTE* that if you do not publish an apology and retraction on your blog within the next *Seven (7) Days* of the receipt of this letter we shall proceed to the law for redress at your risk as to costs. **** **** Yours faithfully,**** *ISSA & COMPANY ADVOCATES***** **** **** *MANSUR M. ISSA***** **** cc. Clients**** **** *Issa & Co Advocates* <info(a)issadvocates.co.ke>**** ------------------------------ 5th Floor, City House, Wabera Street P.O. Box *24210 - 00100*, Nairobi, Kenya *ph*: *+ 254 20 340 150 · * *fx*: *+ 254 20 340 151* *em*: *info(a)issadvocates.co.ke · ***** ------------------------------ *CONFIDENTIALITY NOTICE:* This email and any attachments may contain information that is confidential, legally privileged and protected by law. Access by the intended recipient is authorized. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, or any information contained in this email is hereby excluded. If you are not the intended recipient, please notify the sender immediatelyand do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium.**** -- --- Fear makes men act even against their own interests- changing them from men of reason to blubbering fools. -- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)

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Digital to Analog Conversion
by robert yawe 19 Jun '15

19 Jun '15

Hi, When the migration from analog to digital was initially raised fear was put into the public on how there would be no option but to throw away our analog TV sets and replace them with Digital. Now that digital transmission is finally here we need to look at how to make the migration as painless as possible while at the same time we do not disenfranchise any citizens. It has been mentioned that there are over 1 million TV sets in Kenya today, that means 1 million digital to analog converters will be required over the next 2-3 years. I believe this is a great opportunity for us to go into the electronic assembly business, I would like to propose that we 1st increase duty on converters from the current 35% to 250% so as to discourage the importation of the converters. Then exempt from duty and vat all assembly stations, test equipment and components for anyone who sets up a converter assembly plant, with a 3 year tax holiday. If you setup the plant more than 200 kilometers from Nairobi or Mombasa you receive an addition 2 years tax holiday. I believe this will sort out the issue of substandard converters and will also provide an opportunity for us to develop our electronic devices assembly skills. If you make a net profit of 1,000/- there is a clean 875,000,000/- to be made, close to what the government is spending on purchase of the Malili farm. This is assuming a standard device, there is still a market for those who want high end devices with recording, tuners, USB ports, etc which would mean that the returns could be much higher than projected above. So will we move away from juts being importers and retailers or do we have what it takes to do some value add? Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696

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Music Piracy in Kenya - Government can Help
by Bernard Kioko [Bernsoft Interactive Limited] 23 Mar '15

23 Mar '15

Bwana Daktari, The music industry in Kenya is unable to grow. Companies like mine and individuals are investing money in creating music but the same cannot be commercialized effectively. One of the main problems is organized piracy. Take for example the website WAPKID.COM, this website provides almost every Kenyan song FREE FOR DOWNLOAD. The website at the moment lists the following as popular tags - meaning these are the artists whose content is currently heavily being downloaded. I understand that this website is offering pirated content because Music works that is owned and copyright administered by myself is being offered for FREE here - the total investment I made for the songs on offer is Ksh. 5million over the last 2 years and now I have no way to recover my investment by sales since consumers can opt for free. John De Mathew - Nimwamenyire Muno Wangari Wa Kabera - Aciari Redsun - Shika Glasi Sam Kinuthia - Muiritu Wa Gikomba Onyi Papa Jey - Migingo Dhi Muigai Njoroge - Muti Utari Matunda Kamaru - Nairobi Iraguo Ki Kamande Wa Kioi - Kapusi Kakwa Salim - Kanyina Kanini Kamande Wa Kioi - Githukia Tombo It's possible that these artists and many more don't actually know that this exists BUT millions of Kenyans are downloading the music and who is benefiting? The Network Operators who charge money based on the data downloads. Infact, at one point, one of the mobile operators even sent SMS advertisements to their subscribers urging them to access content from WapKid.com As an industry, we are bleeding and desperately in need of government support to stop this organized piracy that is benefiting local and international organization at the expense of our content and therefore killing and local development of content. As we seek your assistance, we are also doing something on our part. We will be meeting next week Wednesday 3rd October 3pm at Panafric as a music industry (Record labels, Kenya Copyright Board and Music Copyright Society of Kenya) to discuss and work out strategies that can help us especially in creating a clear licensing framework. We will also be announcing an Anti-Piracy Campaign called "iCareforMusic" whose aim is to educate the consumer on the benefits of getting music from licensed partners. We believe that either the government or the courts can issue an order blocking WAPKID.COM, MP3RAID.COM and any other website offering local music from being accessed and this is fairly easy at the ISP level. Before we take to the court route, we wish to seek a diplomatic route first. If we can stop this organized piracy, investing in a song would be worth it for the Artist, the Record Label and/or the music publisher. And in overall, KRA would collect tax from all of us. Everybody wins! Who knows, it would be even worth having a music studio at Konza City. Bwana PS, how can you assist our music industry? Kind regards Bernard Kioko Chief Executive Officer, Bernsoft

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CITIZEN, NTV, KTN LAST MINUTE COURT APPLICATION FAILS TO STOP ANALOGUE SWITCHOFF
by James Mbugua 02 Jan '15

02 Jan '15

Listers, Looks like Media owners might have lost this one for good. The only issue was whether the interpretation to continue with digital migration while saying licenses will not be cancelled can be construed as cancelling the license to broadcast in Nairobi. CITIZEN, NTV, KTN LAST MINUTE COURT APPLICATION FAILS TO STOP ANALOGUE SWITCHOFF Analogue TV signals in Nairobi and its environs will be switched off tonight at 11:59PM or after the Presidential New Year address industry regulator Communications Authority has vowed. This is despite a court application by the three media houses of Royal Media (Citizen), NMG (NTV) and Standard Group (KTN) to allow them to keep broadcasting in analogue until they have their infrastructure in place. But tough talking Ministry of Information and CAK officials said in a press conference that the switch off timetable as issued in a gazette notice by Cabinet Secretary Fred Matiang'i, remains in place. Despite obtaining orders from the Supreme Court Vice President Kalpana Rawal certifying their application as urgent and maintaining status quo until the hearing set for January 5, Lawyer Wambua Kilonzo acting for CAK and Mr. Mwangi from the Attorney General's office, said their interpretation of the court orders was that the digital migration process was not stopped. "I have advised CAK not to cancel the licenses of the media owners but this does not stop the digital migration process from going on," Kilonzo said. Kilonzo in a position supported by the AG's counsel, said the Supreme Court did not grant orders to prayer number 2 of the media houses for the digital migration process to be stopped in the meantime. According to CAK Consumer and Public Affairs director Mutua Muthusi, the channels set for switch off tonight include: Citizen (Channels 34, 39) KTN 59 KBC 23 K24 26 GBS 47 NTV 42 QTV 12 Family 9 ETV 62 KIss TV (Channel 55) Muthusi said Kenyans are ready to migrate and cited sales figures of set top boxes which have ballooned in the last month. "STB sales have more than doubled in the month of December," he said adding that this trend was taking place even outside Nairobi. http://nairobitech.blogspot.com/2014/12/citizen-ntv-ktn-last-minute-court.h…

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Going into 2015 HR remains my biggest challenge
by Mbugua Njihia 30 Dec '14

30 Dec '14

Business has its uncertainties, and hopefully you have given those some thought and are armed with an adaptive strategy to meet these and other challenges as may arise - http://www.mbuguanjihia.com/business/4-challenges-running-symbiotic-2014.ht…

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Obama Signs 5 Cybersecurity Bills
by Matunda Nyanchama 27 Dec '14

27 Dec '14

Happy Holidays folks.... In case you missed it. Obama Signs 5 Cybersecurity Bills | | | | | | | | | | | Obama Signs 5 Cybersecurity BillsWithout ceremony, President Obama has signed five cybersecurity-related bills, including legislation to update the Federal Information Security Management Act, the | | | | View on www.inforisktoday.com | Preview by Yahoo | | | | | One of these is the "Cybersecurity Workforce Assessment Act, which requires the DHS to assess its cybersecurity workforce and develop a comprehensive strategy to enhance the readiness, capacity, training, recruitment and retention of its cybersecurity workforce." With the recent SONY hack (suspected to be related to the movie "The Interview" and North Korea) cyber warfare appears to be the next front-line for nations. Every nation (if it has to survive) needs to build up cyber-warrior capabilities, like happens with present conventional warfare armies. | | | | | | | | | | | First Cyber War: Was the Sony Hack a Warm-Up for Bigger ...Sony Pictures decided to authorize a limited release of "The Interview" after criticism for caving in to the demands a hacker group. | | | | View on www.breitbart.com | Preview by Yahoo | | | | | ---------------------------------------------------------------------------------------------- Matunda Nyanchama, PhD, CISSP; mnyanchama(a)aganoconsulting.com Agano Consulting Inc.; www.aganoconsulting.com; Twitter: nmatunda; Skype: okiambe ----------------------------------------------------------------------------------------------Manage your ICT risks! We are the experts you need! The trusted partners you deserve!Call: +1-888-587-1150 (Canada) +254-20-267-0743 (Kenya) or info(a)aganoconsulting.comLicensed by Communications Authority of Kenya (CA) ----------------------------------------------------------------------------------------------"The best revenge is massive success" - Frank Sinatra----------------------------------------------------------------------------------------------- This e-mail, including attachments, may be privileged and may contain confidential or proprietary information intended only for the addressee(s). Any other distribution, copying, use, or disclosure is unauthorized and strictly prohibited. If you have received this message in error, please notify the sender immediately by reply e-mail and permanently delete the message, including any attachments, without making a copy. Thank you.

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Is the Communications Authority board out of order?
by Mwendwa Kivuva 25 Dec '14

25 Dec '14

The advert in the daily Nation on Friday 19th advertising the vacancies at the Communications Authority seem to indicate that the CA senior managers are required to apply for their jobs. The managers have since gone to court: http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-… The information and communications Act Amendment of 2013, section 105; the transition provisions set out in schedule 6 shall have effect with respect to staff, assets, rights, liabilities, obligations, agreements and other arrangements at the commencement of this act. It says among others " staff shall transit from CCK to CA of Kenya at the same terms and benefits or better terms and their terms shall not be interfered with." Change is good in every society. It brings impetus in organisations, reduces complacency, and improves efficiency. But these change has to be within the law. By the board advertising these positions it clearly contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng. Rege, Hon Yinda and all honorable members of parliament on this mailing list help us understand how a group of people (the CA Board) would blatantly ignore the law with 'impunity'! A spot check with some of the employees indicates that their employment terms have not changed - meaning they are permanent and pensionable. You cannot just wake up and change this without terminating and compensating them. The due process should be followed and you do not declare a position (whether change of name) vacant when you have an incumbent. The timing of this process also seems ill intentioned considering that Parliament which amended the Act before passing it is in recess until February 2015. The advert requires all to apply before 14th January 2015. Listers, we have to worry about what happens to the Authority because above all disruption to the setup definitely affects many businesses. Dr. Matiangi - is this another ignorance of the law from your ministry? We already have a failed process at ICTA that has left us with an acting CEO for over 2 years, and a Board that is in office illegally after it was nullified by the High Court. http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-app… COFEK we are relying on you as a watchdog. We know how people are handled during a transition process is key. Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson

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UK's approach to USF
by Dennis Kioko 23 Dec '14

23 Dec '14

The UK regulator has moved from forcing operators to have roaming agreements and instead reached a deal where their licenses will be modified to enforce them to cover areas not currently covered. http://www.mobileworldlive.com/uk-operators-pledge-5b-rural-spend-governmen…

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Re: [kictanet] Is the Communications Authority board out of order?
by Ali Hussein 23 Dec '14

23 Dec '14

Walu I disagree with you on this. You seem to forget about Natural Justice. This sort of thing should not be allowed to continue. I'm with Mwendwa on this. Why create uncertainty and anxiety? When the CA was created the board was dissolved and a 'new' one was put in place. This new dispensation of government/Parastal jobs being advertised while incumbents are still in place is just plain wrong. Something must be done otherwise we will continue to see litigation being the only option for the wronged. Ali Hussein +254 770 906375 / 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad > On Dec 23, 2014, at 2:08 PM, Walubengo J via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: > > Interesting development. Anyone with a digital version of the advert? Looks like kazi mingi :-) > > Reminds me of when my college became a university and all the jobs were re-advertised. The top guys went to court - and partly won. The courts allowed their contracts run to expiry but their jobs still eventually went to some new Dons. > > Restructuring is always a nasty event. However, as long as the old employees are allowed to apply and assured of not being sacked (whether they get the job or not), then all should be fine. Natural attrition is expensive but always the safest option in such circumstances. > > walu. > > From: Mwendwa Kivuva via kictanet <kictanet(a)lists.kictanet.or.ke> > To: jwalu(a)yahoo.com > Sent: Tuesday, December 23, 2014 12:15 PM > Subject: [kictanet] Is the Communications Authority board out of order? > > The advert in the daily Nation on Friday 19th advertising the vacancies at the Communications Authority seem to indicate that the CA senior managers are required to apply for their jobs. The managers have since gone to court: http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-… > The information and communications Act Amendment of 2013, section 105; the transition provisions set out in schedule 6 shall have effect with respect to staff, assets, rights, liabilities, obligations, agreements and other arrangements at the commencement of this act. It says among others " staff shall transit from CCK to CA of Kenya at the same terms and benefits or better terms and their terms shall not be interfered with." > Change is good in every society. It brings impetus in organisations, reduces complacency, and improves efficiency. But these change has to be within the law. By the board advertising these positions it clearly contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng. Rege, Hon Yinda and all honorable members of parliament on this mailing list help us understand how a group of people (the CA Board) would blatantly ignore the law with 'impunity'! > A spot check with some of the employees indicates that their employment terms have not changed - meaning they are permanent and pensionable. You cannot just wake up and change this without terminating and compensating them. The due process should be followed and you do not declare a position (whether change of name) vacant when you have an incumbent. > The timing of this process also seems ill intentioned considering that Parliament which amended the Act before passing it is in recess until February 2015. The advert requires all to apply before 14th January 2015. > Listers, we have to worry about what happens to the Authority because above all disruption to the setup definitely affects many businesses. > Dr. Matiangi - is this another ignorance of the law from your ministry? We already have a failed process at ICTA that has left us with an acting CEO for over 2 years, and a Board that is in office illegally after it was nullified by the High Court. http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-app… > COFEK we are relying on you as a watchdog. We know how people are handled during a transition process is key. > > Sincerely, > ______________________ > Mwendwa Kivuva, Nairobi, Kenya > > "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > > 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. > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com > > 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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Re: [kictanet] Is the Communications Authority board out of order?
by GG 23 Dec '14

23 Dec '14

+ 1@ Kivuva. My take is that the transition clause is clear on how staff should be treated. The Regulator needs to be honest in how it handles this matter. No need to let courts determine the next course of action. @ Walu, I remember seeing the advert on CA's fb wallk --- Original Message --- From: "Mwendwa Kivuva via kictanet" <kictanet(a)lists.kictanet.or.ke> Sent: 23 December 2014 12:17 To: ggithaiga(a)hotmail.com Subject: [kictanet] Is the Communications Authority board out of order? The advert in the daily Nation on Friday 19th advertising the vacancies at the Communications Authority seem to indicate that the CA senior managers are required to apply for their jobs. The managers have since gone to court: http://www.businessdailyafrica.com/30-managers-sue-communication-regulator-… The information and communications Act Amendment of 2013, section 105; the transition provisions set out in schedule 6 shall have effect with respect to staff, assets, rights, liabilities, obligations, agreements and other arrangements at the commencement of this act. It says among others " staff shall transit from CCK to CA of Kenya at the same terms and benefits or better terms and their terms shall not be interfered with." Change is good in every society. It brings impetus in organisations, reduces complacency, and improves efficiency. But these change has to be within the law. By the board advertising these positions it clearly contravenes these provisions of the act. Hon. Jamleck Kamau, Hon. Eng. Rege, Hon Yinda and all honorable members of parliament on this mailing list help us understand how a group of people (the CA Board) would blatantly ignore the law with 'impunity'! A spot check with some of the employees indicates that their employment terms have not changed - meaning they are permanent and pensionable. You cannot just wake up and change this without terminating and compensating them. The due process should be followed and you do not declare a position (whether change of name) vacant when you have an incumbent. The timing of this process also seems ill intentioned considering that Parliament which amended the Act before passing it is in recess until February 2015. The advert requires all to apply before 14th January 2015. Listers, we have to worry about what happens to the Authority because above all disruption to the setup definitely affects many businesses. Dr. Matiangi - is this another ignorance of the law from your ministry? We already have a failed process at ICTA that has left us with an acting CEO for over 2 years, and a Board that is in office illegally after it was nullified by the High Court. http://www.the-star.co.ke/news/article-183530/court-nullifies-ict-board-app… COFEK we are relying on you as a watchdog. We know how people are handled during a transition process is key. Sincerely, ______________________ Mwendwa Kivuva, Nairobi, Kenya "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.c… 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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