December 2024 - KICTANet

PUBLIC PARTICIPATION AND STAKEHOLDER ENGAGEMENT ON DRAFT REGULATIONS FOR THE DIGITAL HEALTH ACT, 2023 AND THE DRAFT REGULATORY IMPACT STATEMENT
by Victor Kapiyo 17 Dec '24

17 Dec '24

Dear Listers, The Digital Health Act No. 15 of 2023 was enacted on the 19th October, 2023. The Act confers upon the Cabinet Secretary for Health, in consultation with the Digital Health Agency and the County Governments, the power to make Regulations under section 60 for various matters required to be prescribed under the Act, in particular, health information management policies and procedures, the use of e-Health applications and technologies, medical devices and innovations, data quality and data protection audits and the establishment and implementation of the data exchange component as per the Kenya Health Enterprise Architecture. To this end and pursuant to section 60 of the Digital Health Act; IT IS NOTIFIED for information of the general public that the Cabinet Secretary for Health, in consultation with the Digital Health Agency and the County Governments, through a Technical Working Group comprised of officers from the Ministry of Health, the Council of Governors, County Governments, the Digital Health Agency, the Office of the Attorney General and Department of Justice, the Kenya Law Reform Commission and the National Assembly, has developed the following three (3) sets of draft regulations to the Digital Health Act: 1. The Digital Health (Health Information Management) Regulations, 2024 2. The Digital Health (Data Exchange) Regulations, 2024 3. The Digital Health (Use of e-Health Applications and Technologies) Regulations, 2024 Link to the Notice: https://health.go.ke/sites/default/files/2024-11/037DNC21112024.pdf Lin to the Regulations: https://health.go.ke/social-health-regulations The comments, views, representation and any written memoranda may be forwarded to the Office of the Principal Secretary, State Department for Medical Services, Nairobi; hand-delivered to the Office of the Principal Secretary, State Department for Medical Services on Afya House 6th Floor, Nairobi; or emailed to *dharegulations(a)dha.go.ke <dharegulations(a)dha.go.ke>;* to be received on or before, *19th December, 2024, at 5:00 pm. * Listers are encouraged to review and submit comments. You can share here your views to be incorpoarated in the memorandum. Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

9 12

Cybersecurity Insights: Tune in to #NewsCheck Show Today to her the DG NC4 Speak
by A Mutheu 17 Dec '24

17 Dec '24

Dear Colleagues, I hope this finds you well. I’d like to bring to your attention an important discussion happening *today, between 10 AM and 11 AM*, on the *#NewsCheck Show* airing on *KBC*. The *Director General of Kenya’s apex cybersecurity committee* will be addressing critical cyber threats that Kenyans face during this festive season and sharing key mitigation strategies. As ICT practitioners, this session will provide valuable insights into current cybersecurity challenges and best practices to safeguard both individuals and organizations. Let’s tune in, stay informed, and continue to champion a *safe and secure cyberspace*. Stay happy, Mutheu

3 2

Kenya’s President Wades Into Meta Lawsuits
by Mwendwa Kivuva 12 Dec '24

12 Dec '24

“Those people were taken to court, and they had real trouble,” Ruto said, referring to Sama, the outsourcing company that directly employed the Facebook content moderators. “They really bothered me. Now I can report to you that we have changed the law, so nobody will take you to court again on any matter.” Ruto said Sama had planned to relocate to Uganda “because many of us were giving them trouble.” The article discusses two lawsuits in Kenya that challenge the liability of Big Tech companies, specifically Meta, for alleged abuses at an outsourcing company, Sama, which was contracted to moderate content. The cases arise from claims of human rights violations at a Nairobi facility where workers were paid low wages to view distressing content. Despite being employed by Sama, the lawsuits argue that Meta effectively controlled the work environment and processes. If successful, these lawsuits could set a precedent holding tech companies accountable for misconduct at subcontracted sites, potentially enhancing worker rights in Kenya's burgeoning data labeling industry. However, opponents fear this could deter foreign investment and job creation. Kenya's President William Ruto has intervened, suggesting legislative changes to prevent future lawsuits against outsourcing companies. However, the proposed bill would actually shield tech companies from being implicated in such legal actions. Critics argue that this prioritizes corporate interests over worker protections. Despite Ruto's efforts, the lawsuits are likely to proceed as they are based on constitutional human rights claims rather than employment law alone. The outcome could have significant political implications for Ruto, who campaigned on economic transformation but faces challenges from court cases affecting the outsourcing sector https://time.com/7201516/kenya-president-meta-lawsuits/ Best Regards ______________________ Mwendwa Kivuva https://www.linkedin.com/in/mwendwa-kivuva

1 0

mail
by MWANGANGI NZAU 10 Dec '24

10 Dec '24

mwanganginzau(a)gmail.com

1 0

Users face hefty fees for SHA medical data access
by Grace Githaiga 04 Dec '24

04 Dec '24

Medical students and researchers will need to pay to access data collected under SHIF. These charges which will require independent medical researchers to pay Kes. 30,000 to access the health data are contained in the proposed Digital Health Information Management Regulations, 2024, part of what will effect the Digital Health Act No. 15 of 2023, currently under public participation. "Charging user fees for access to critical data brings to the fore the government's aggressive revenue-raising measures even as questions linger how the billions raised are being collected." For more: https://nation.africa/kenya/business/users-face-hefty-fees-for-sha-medical-… ---------------------------------------------------------------------------------- Grace Githaiga Twitter: @ggithaiga Skype: gracegithaiga Linkedin: https://www.linkedin.com/in/gracegithaiga ...the most important office in a democracy is the citizen. So, you see, that’s what our democracy demands. It needs you!----Barrack Obama.

2 1

Let's Celebrate Disability Rights!
by David Indeje 03 Dec '24

03 Dec '24

Dear Listers, Today is the International Day of Persons with Disabilities! Let's work together to create a more inclusive digital world where everyone can thrive. <https://www.kictanet.or.ke/kictanet-champions-digital-inclusion-for-persons…> -- *Kind Regards,* *David Indeje* *@**KICTANet* <https://www.kictanet.or.ke/> * Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals Connect With Us <https://linktr.ee/Kictanet> ______________________________________

1 0

Apply for the DIRECT Grassroots Advocacy Grant
by David Indeje 02 Dec '24

02 Dec '24

Dear Listers, As part of the DIRECT project, an initiative led by Internews, KICTANet is excited to launch a grassroots advocacy grant pool to empower marginalized communities in Kenya. Why is this important? - Amplifying Marginalised Voices: We aim to ensure that data protection policies and advocacy efforts prioritize the unique needs and challenges faced by underrepresented groups. - Strengthening the Data Protection Movement - Promoting Digital Rights for All: We believe that everyone, regardless of their background, has the right to privacy and data protection. Are you a Kenyan organization representing a marginalized or traditionally underrepresented group? If so, and you're passionate about data protection, we encourage you to apply for this grant. *Application Submission Deadline: 20th December, 2024* https://www.kictanet.or.ke/request-for-applications-direct-small-grants/ -- *Kind Regards,* *David Indeje* *@**KICTANet* <https://www.kictanet.or.ke/> * Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals Connect With Us <https://linktr.ee/Kictanet> ______________________________________

1 0

Memorandum on The Tax Laws (Amendment) Bill (National Assembly Bill No. 47 of 2024)
by David Indeje 02 Dec '24

02 Dec '24

Dear Listers, Today, we submitted our memorandum with expertise on human rights and Information and Communication (ICTs) in response to the call for input on The Tax Laws (Amendment) Bill (National Assembly Bill No. 47 of 2024). You can read it here. <https://www.kictanet.or.ke/?mdocs-file=50840> -- *Kind Regards,* *David Indeje* *@**KICTANet* <https://www.kictanet.or.ke/> * Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals Connect With Us <https://linktr.ee/Kictanet> ______________________________________

1 0