December 2022 - KICTANet

DRAFT OF PETITION TO THE SENATE CONCERNING THE IEBC ACT, APPOINTMENT OF COMMISSIONERS
by Benson Muite 08 Dec '22

08 Dec '22

Dear Clerk of the Senate, Based on the template available at http://parliament.go.ke/sites/default/files/2020-04/Public%20Petition%20Tem… , a draft petition is below. Please let me know if any additional information would be required to submit this petition. Sincerely, Benson Muite I the undersigned, Benson Muite, Citizen of the Republic of Kenya, and resident of Nairobi County DRAW, the attention of the Senate to the following: 1. The representatives of the people of Kenya appointing Independent Electrol and Boundaries Commission (IEBC) commissioners are not selected to best evaluate the ability of the selected commissioners in fulfilling the mandate of the IEBC. This mandate consists of: 1.1 The continuous registration of voters and revision of the voter'roll; 1.2 The delimitation of constituencies and wards; 1.3 The regulation of political parties process; 1.4 The settlement of electoral disputes; 1.5 The registration of candidates for elections; 1.6 Voter education; 1.7 The facilitation of the observation, monitoring and evaluation of elections; 1.8 The regulation of money spent by a candidate or party in respect of any election; 1.9 The development of a code of conduct for candidates and parties; 1.10 The monitoring of compliance with legislation on nomination of candidates by parties. 2. THAT, none of these issues raised in this Petition is pending in any court of Law, Constitutional or any other legal body. WHEREFORE, your humble petitioner pray that the Senate 1. Consider making steps in conjunction with the National Assembly to modify the IEBC act so that 1.1 The section on the selection panel a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya. is modified to read (a) two persons nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; (c) two persons nominated by the Inter-religious Council of Kenya; (d) one person nominated by the Institution of Engineers of Kenya; (e) one person nominated by the Institution of Surveyors of Kenya; (f) one person nominated by the Teachers Service Commission; and (g) one person nominated by the Media Council of Kenya. 1.2) This would increase the members of the selection panel by two people to nine, and have an associated increase in costs, but a more effective IEBC would also be more cost efficient. The number of commissioners would also remain the same, and the selection panel members do not do this as a full time position. 1.3) A representative from the Institution of Engineers of Kenya can ensure there is sufficient technical expertise required for communication and electronic infrastructure 1.4) A representative fron the Institution of Surveyors of Kenya can ensure there is sufficient expertise in boundary delimitations 1.5) Representatives from the Teachers Service Commission and Media Council of Kenya can ensure there is expertise in public education and information dissemination.

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INITATION TO Re: INVITATION TO PARTICIPATE IN A ROUNDTABLE ON KENYA’S CYBERSECURITY CAPACITY BUILDING NEEDS
by nzambi kakusu 08 Dec '22

08 Dec '22

Dear Listers, Greetings from KICTANet! The Kenya ICT Action Network (KICTANet) in partnership with Global Partners Digital (GPD) with the support of the government of the United Kingdom is pleased to invite you to participate in a -half-day Roundtable meeting on “Cybersecurity Capacity-Building (CCB) Needs in Kenya” which will take place on Friday, 9 December 2022 at the Sarova Stanley. Please register here <https://www.eventbrite.com/e/cybersecurity-capacity-building-needs-in-kenya…> for a ticket as the slots are limited. Similarly, please find the concept note and program here <https://docs.google.com/document/d/10UvaU9vrjwRSSgo2U3llA66QnDELsKQAJYrH4Rs…> . Warmly, *jNzambiKakusu*

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DATA LOCALIZATION IN THE CLOUD COMPUTING ERA
by Mwendwa Kivuva 07 Dec '22

07 Dec '22

By Immaculate Kassait, Commissioner, Office of the Data Protection Commission, via LinkedIn https://www.linkedin.com/feed/update/activity:6998187244096303104 During the drafting process of the Data Protection Regulations, data localization was one area we received many queries about. Initially, we had very stringed regulations that required data to be stored locally. But upon receiving feedback from the stakeholders, we adjusted the requirements from processing information in Kenya to having just a copy stored in the country. The key questions we received on data localization were: 1. How do you insist on data localization in an era of Cloud Computing with the services not available in Kenya? 2. Does Kenya have the pre-requisite infrastructure i.e. tier three and above data centers, can we guarantee electricity flows, back-up, security, and safety of people’s data? The rationale behind data localization from a national security standpoint is purely about the data sovereignty of a nation. Imagine going to your bank to urgently get your statement for visa application, then you’re told you cannot access it because the undersea cable is down and hence it will take about 2 weeks to be fixed! Such challenges in accessing information as and when needed makes it difficult for business continuity and could result in revenue loss and reputational damage. As a sovereign state, there’s critical information unique and important to our country such that if the information is not available, the country will be grounded. In order to balance between the concerns raised on accessing this information and the sensitivity of the information, we resolved to have at least a copy of the information stored locally. This helps protect personal information created in Kenya, national security, law enforcement, and competitiveness of domestic market hence creating job opportunities for citizens. It is important to note that data localization does not apply to all information. It only applies to categories of information on civil registration and legal identity management systems for national security (your identity as a Kenyan), facilitating the conduct of elections, representation of Kenya, public finance by state organs, running systems designated as protected computer systems in terms of section 20 of the computer misuse and cybercrime act, information about children, healthcare among others. Some of the myths around data localization include all information being processed even for private businesses should be stored in the country; organizations are not supposed to use cloud services and lastly, data localization is expensive compared to cloud services. I trust that we have addressed these misconceptions most of you might have about data localization. What misconceptions did you have before reading this post? -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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GSMA's Mobile Economy Report for Latin America is out.
by Nicholas Kisundu 05 Dec '22

05 Dec '22

The Mobile Economy-Latin America report by GSMA <https://www.linkedin.com/company/gsma/> is out. Some of the key findings include: 1. At the end of 2021, 60% (approximately 380 million people) of the population in Latin America was using mobile broadband services. 2. 36% of the population live within mobile broadband network coverage areas, but do not use mobile internet services (36% usage gap). The mobile usage gap is estimated at 61% in Africa according to GSMA, see here <https://www.connectingafrica.com/author.asp?section_id=761&doc_id=781406#:~….>. The reasons behind usage gaps do not differ much from one region to another. There are a number of assumptions that can be made to explain the mobile broadband usage gap. Bearing in mind that smartphones are the main access modes to broadband services, the aspect of this population using other alternative broadband services may not be the reason. This is because even when using other broadband services such as fixed wireless (WiFi), you will, at some point, use the mobile broadband services, provided you have a smartphone. In my opinion, the affordability of services and devices together with digital skills are the main causes of the usage gap. These people living within coverage areas and not using the services are either not able to afford the services and devices, or simply do not possess the basic knowledge and digital skills needed to use the services. We have a long way to go in addressing affordability, especially in the mobile services industry. It is high time governments become intentional in ensuring that people have access to affordable devices (for instance through tax-free/low tax for the importation of such devices), as well as access to affordable broadband services. Community networks are proving to be one way of getting affordable broadband services to the marginalized low-income population. More support is needed to ensure that community networks are empowered to deliver low-cost connectivity solutions to help bridge the digital divide. Digital upskilling, in equal measure, is required, especially in marginalized communities. Extending connectivity services to people who cannot afford the services, or do not have the skills to use the services would simply amount to a wasted investment. Kisundu Nicholas N, Digital Inclusion| ICT Policy, +254712770655 LinkedIn Profile <https://www.linkedin.com/in/nicholas-kisundu-28933482/>

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Global Gender parity- % of individuals using the Internet in 2022
by Gachungi, Lydia 04 Dec '22

04 Dec '22

Nearly 260 million fewer women have access to the Internet than men. Learn more about the digital gender gap in @ITU's latest report on global connectivity: itu.int/en/mediacentre<http://itu.int/en/mediacentre>… [cid:image001.png@01D90817.28434EB0]

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Re: [kictanet] Study on gaps and needs of gig economy workers with a gender focus
by Angela Minayo 02 Dec '22

02 Dec '22

Dear Listers, The Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) is the German federal agency in international cooperation for sustainable development. The Gig Economy initiative at GIZ aims to foster favourable framework conditions for fair work in the gig economy at the level of workers, platforms and critical stakeholders from politics, business and civil society. Despite the rapid expansion of the gig economy globally, the real-life experiences of gig workers in low- and middle-income countries has been overlooked. A study conducted by the Gig Economy Initiative aims to understand the skills needs and gaps of gig workers, with a gendered lens to reveal the unique challenges women face. As part of this study a survey has been designed to capture data on the: logistics of their work, support networks, working conditions and future prospects and opportunities of these workers. The Gig Economy initiative at GIZ aims to foster favourable framework conditions for fair work in the gig economy at the level of workers, platforms and critical stakeholders from politics, business and civil society. We are requesting *your support* in the dissemination of this survey amongst your networks and contacts to gig workers who are engaged via digital labour platforms. Gig workers include: ride-share drivers, data-labellers, bike-couriers, houseworkers, developers and anyone who finds their work via an online platform. Survey Link: https://ee.kobotoolbox.org/x/6TIhcGRA (completion time 5-7 mins) The survey will close on the 15th of December 2022 and can be accessed both on a computer and mobile. The final study will be released early to mid-2023 and GIZ will be happy to keep you updated on developments. Angela Minayo Program Officer- KICTANet KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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Re: [kictanet] KICTANet Roundtable Meeting on Gender and Data: The Role of the ODPC in Safeguarding Women's Data Protection, on 8th December 2022 at Royal Tulips Canaan Nairobi
by Angela Minayo 01 Dec '22

01 Dec '22

Hi Listers, KICTANet will be holding a half day Roundtable Meeting on Gender and Data: The Role of the ODPC in Safeguarding Women's Data Protection *on 8th December 2022.* We have reserved ten slots for listers with a background in data protection and privacy as well as women's rights to attend. If you would like to attend, kindly reach out to me and copy nkakusu(a)kictanet.or.ke The slots will be allocated on a first come first served basis. Please find attached the concept note for the meeting for your information and planning. Angela Minayo Program Officer- KICTANet KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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What regulatory interventions exist to guard the consumer against service unavailability in the ICT sector?
by Nicholas Kisundu 01 Dec '22

01 Dec '22

Discussions around closing the digital (gender, PLWD, rural-urban) divide have been my daily uptake in the recent past, looking at how to bring everyone to the digital space. While we push to get the unconnected to be connected, a good percentage of those that are already connected are suffering from unreliable internet services offered by some ISPs in the market. The argument around this issue is that home/office internet subscriptions are time-based. The subscriber pays for access to the internet for a month, for example. A certain amount of money is prescribed, depending on the bandwidth one subscribes for. Along the way, the customer is faced with countless downtimes, which go uncompensated. In essence, the customer paid for service not delivered. I have had my fair share of this menace, and when I asked my ISP, the response was that if the service remains unavailable for more than 24 hours, then I should file a case with them for a refund. The point is, I may not get a complete cycle of 24 hrs downtime, but I may have 10 hrs today, 16 hours next week, and even 20 hours another week. Cumulatively, I could lose almost 3 days in a month, but I cannot get compensated since no one instance lasted for 24 hrs. Even with this provision from the ISP, the customer is highly disadvantaged, and mostly uninformed that there is such a provision. With the recent increase in remote working, these downtimes would cost one so much, especially those working from home, and upon such occurrences, they are required to procure the mobile data bundles that are usually expensive compared to fixed wireless services (that expense is on top of the monthly subscription). Are there regulatory measures in place to ensure that the customer gets exactly what they have paid for, or is it a case of a free market where the customer is at will to dump one ISP for another in such instances? If yes, do we then need the regulator to also enlighten the consumer of the existence of such regulations that protect them, and how they can best utilize them to ensure that they get value for their money? Most customers have no idea that there is anything they can do about it, other than picking a different ISP as a punishment for the non-performing one. While competition could be seen as a way to ensure ISPs provide quality and reliable services, some areas have only one ISP, operating as a monopoly, and the issue of competition doe not apply. As we champion digital inclusion, we must ensure that we have meaningful connectivity, which means, good quality and reliability of the services offered. Regards, Kisundu Nicholas N, Digital Inclusion| ICT Policy, +254712770655 LinkedIn Profile <https://www.linkedin.com/in/nicholas-kisundu-28933482/>

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MPs open probe on data expiry, Safaricom Bonga points
by Victor Kapiyo 01 Dec '22

01 Dec '22

Parliament will probe telecommunications firms for imposing expiry dates on data bundles, airtime and loyalty programmes such as Safaricom’s Bonga Points, setting the stage for a fresh battle between the lawmakers and the operators. The National Assembly’s committee on Communications, Information and Innovation says it will also inquire into the widespread Internet speed throttling practice by internet service providers (ISPs). *Read more: * https://www.businessdailyafrica.com/bd/economy/mps-open-probe-on-data-expir… *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Suite No. 8, Centro House, Westlands, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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