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Kabianga University ordered to to pay ex-UoN student Sh500,000 for using his image without his consent.
by Kukubo Masibo 23 Feb '23

23 Feb '23

Dear Listers, A court has ordered the University of Kabianga to pay a former University of Nairobi student Sh500,000 for using his image in online marketing and soliciting funds from a regional bank without his consent. Sitting at the High Court in Kericho, Justice Asenath Ongeri declared that the university violated fundamental rights to privacy and human dignity by publishing an image of Mr Shimlon Mwangi Kuria without his express consent. You can read some more here... https://nation.africa/kenya/news/kabianga-university-to-pay-ex-uon-student-… Are we in a privacy awakening? What is the importance of these decisions to the right to privacy and do they reveal an awareness gap on privacy rights, especially on the part of higher learning institutions? How do we boost awareness among these institutions? -- Meshack K Masibo, Writer|Noisemaker|Lawyer masibolaw.co.ke

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Re: ICNL/KICTANet Consultative Meeting on Access to the Internet and its Impact on Women’s Engagement in Public Participation Mechanisms
by Angela Minayo 22 Feb '23

22 Feb '23

Dear Listers, KICTANet in partnership with International Center for Non-Profit Law will hold a meeting to discuss access to the internet and its impact on women's engagement in public participation. The meeting will be held on *23rd February 2023* from 8:00 am to 4:00 pm at Four Points Hotel, Hurlingham along Argwings Kodhek Road. We have reserved 10 slots for listers. Kindly reach me by email and indicate your name and your organisation/affiliation. Priority will be given to listers working on women rights, democracy and good governance and internet access issues. 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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The fight is on. I&M Bank removes Bank to Mpesa charges
by Mwendwa Kivuva 17 Feb '23

17 Feb '23

After introduction of Bank to M-pesa charges; ATMs got heir grove back. More people started withdrawing to pay cash <https://www.standardmedia.co.ke/business/article/2001464713/atms-get-their-…> to reduce their transaction costs. Now, I&M Bank has permanently dropped levy fees <https://www.businessdailyafrica.com/bd/corporate/companies/i-m-bucks-the-tr…> for transferring cash between its platform and mobile wallets, bucking the trend in the sector that has been reinstating the charges since January amid customer outcry. The move will save I&M customers between Sh10 and Sh65, the range the lender was charging after the Central Bank of Kenya (CBK) announced a return of charges on transactions between banks and mobile money wallets. Is the market adopting to consumer behaviour and correcting itself? What will the future look like on the cost of digital cash transfer charges? Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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Please unsubscribe me from the mailing list
by faith oneya 16 Feb '23

16 Feb '23

Hello, Please unsubscribe me from the mailing list. Best, Faith

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When are companies going to stop blasting us with nuisance SMSs?
by Ali Hussein 16 Feb '23

16 Feb '23

Good people I've been very vocal about these annoying, untargeted, spray-and-pray marketing tactics of many brands. Today I want to demonstrate why they are annoying and have the opposite effect of what they are intended for. And how we can do things better. Bear with me guys as I demonstrate. 1. Pay attention to graphic No.1 below. I give this brand 3k every month. On top of that, I pre-pay at least 4-5k a month for international calls where WhatsApp <https://www.linkedin.com/company/whatsapp./> calls are blocked and it's too cumbersome to get on Zoom <https://www.linkedin.com/company/zoom-video-communications/>, etc, on the fly. Now see my balance of bundles (I'm not being a Luopean, just stating facts. 😀 ). So why then would this brand be hawking to me Kshs 10 worth of bundles every day? 2. Now pay attention to graphic No. 2 below. Why, why, are you annoying me with these unsolicited, untargeted, spray-and-pray SMSs day in and day out? Is there a better way? 3. You bet there is! A rudimentary, no need for AI, Marketing-for-dummies suggestion:- Segment your customers. Prepaid guys with balances to kingdom come don't need to be sent nonsense SMSs or emails telling them to spend Kshs.10 for 500 MB of data when they are sitting on 272 GB of data. Get it? Here are some tools to help you with this:- https://lnkd.in/d4Y7vK6z Segmentation for dummies <https://www.linkedin.com/posts/alihkassim_okrs-wecandobetter-activity-70318…> [image: image.png] C'mon, guys. Let's take this to the next level. Those bulk SMS blasts are just achieving #OKRs <https://www.linkedin.com/feed/hashtag/?keywords=okrs&highlightedUpdateUrns=…> for other people, not you! #WeCanDoBetter <https://www.linkedin.com/feed/hashtag/?keywords=wecandobetter&highlightedUp…> *Ali Hussein* Fintech | Digital Transformation Tel: +254 713 601113 Twitter: @AliHKassim LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.

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VIDEOS: Building a Feminist Internet
by David Indeje 15 Feb '23

15 Feb '23

Dear Listers, How can we counter discourse that challenges oppressive social norms using digital technologies? Through the "Our Voices Our Futures (OVOF)" project, we have developed short videos that create awareness and empower us towards what a Feminist Internet is all about. The Feminist Principles of the Internet are a series of statements that offer a gender and sexual rights lens on critical internet-related rights. The principles are Access, Movements, Economy, Expression, and Embodiment. They aim to provide a framework for women's movements to articulate and explore technology-related issues. Here is a link to the videos. Watch, listen, learn and share without forgetting to subscribe to our channel for more!! https://www.youtube.com/watch?v=8Gz-APT0sQA&list=PLYSO7PoCyXHSSfajweP5THtYq… -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 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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Global Digital Compact - Stakeholder Input Needed
by Victor Kapiyo 14 Feb '23

14 Feb '23

Dear Listers, Following the political declaration adopted at the occasion of the United Nations’ 75th anniversary <https://undocs.org/en/A/RES/75/1> in September 2020, the Secretary-General in September 2021 released his report *Our Common Agenda*PDF <https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda…>. The Common Agenda proposes a Global Digital Compact to be agreed at the Summit of the Future in September 2024 through a technology track involving all stakeholders: governments, the United Nations system, the private sector (including tech companies), civil society, grass-roots organizations, academia, and individuals, including youth. The Global Digital Compact is expected to “outline shared principles for an open, free and secure digital future for all”. The Common Agenda report suggests issues that it might cover, including digital connectivity, avoiding Internet fragmentation, providing people with options as to how their data is used, application of human rights online, and promoting a trustworthy Internet by introducing accountability criteria for discrimination and misleading content. Contributions are open by 31 March 2023 - see more information here - https://www.un.org/techenvoy/global-digital-compact Participate in informal consultations led by Sweden and Rwanda - https://www.un.org/techenvoy/global-digital-compact/intergovernmental-proce… 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*

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JURISDICTION ON DATA PRIVACY BREACH COMPLAINTS
by Kukubo Masibo 13 Feb '23

13 Feb '23

Recently, there was a thread on the case against Safaricom by it's users on the privacy concerns in light of it's terms and conditions. I remember an argument as to which institution is specialised to handle such complaints - the Constitutional Court or the ODPC. I argued for the latter, here is an interesting case to support that. In Mwangi & another v Naivasha County Hotel t/a Sawela Lodges (Petition E003 of 2021) [2022] KEHC 10975 (KLR) (19 July 2022) (Ruling) The Petitioners alleged that the Respondent took photographs of them during a team building activity at the Respondent’s premises and proceeded to make posts on various social media platforms using the said pictures with the intention of marketing the Respondent’s products. The Petitioners averred that the actions of the Respondent violated their right to privacy as they did not consent to having their photos taken and the used The Court held that the matters raised by the Petitioners fall under the jurisdiction of the Data Protection Commissioner established under the Data Protection Act, 2019 and the Honourable Court acted to discourage invocation of the constitutional process where there exists a parallel or alternative statutory remedy. Will the class action against Safaricom suffer the same fate? And why the difference in jurisprudence emanating from the High Court? Why did they admit the Njeri Wanjiru V Machakos University case and throw this one out? What can be done to ensure the Courts develop consistent and synchronous decisions in this area? Kind regards Meshack K Masibo.

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Post Pandemic Economic Ripple Effects
by catherine kyalo 08 Feb '23

08 Feb '23

Post pandemic economic ripple effects or is it? Currently in Kenya, we are being allowed a limit of only 500 per outpatient visit under NHIF (not sure about inpatient), which by the way does not cover any tests however minute. What can you possibly get done with 500? When did the terms for NHIF change? Meanwhile, Meta Platforms Inc. is asking many of its managers and directors to transition to individual contributor jobs or leave the company as it tries to become more efficient, according to people familiar with the matter. https://www.bloomberg.com/news/articles/2023-02-07/meta-to-ask-many-manager… As if this is not enough, Zoom on Tuesday announced plans to cut about 1,300 workers or 15% of its workforce, citing the need to adjust to the "uncertainty of the global economy" https://www.google.com/amp/s/www.cnbc.com/amp/2023/02/07/zoom-to-lay-off-13… - -

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FULIZA LOSES CLOSE TO SH 500 MILLION TO SCAMMERS
by Victor Kapiyo 08 Feb '23

08 Feb '23

Seems our friends from Mulot are giving Safaricom a run for their money. Great to see that law enforcement are catching up. It will be interesting to see whether ODPP can successfully prosecute the offences and recover the funds. ****** Detectives have uncovered a high level syndicate where scammers have obtained close to Sh500 million through a popular mobile phone platform supported by mobile communication service provider, Safaricom. The service provider through its Fuliza overdraft service where customers can complete their MPESA transactions even when they do not have enough funds in their M-PESA account, lost the money in a well coordinated scheme by eight young men based in Nakuru and Trans-Nzoia counties. Isaack Kipkemoi, Gideon Rono, Maxwell Ributhu, Gideon Kirui, Moses Rono, Collins Kipyegon and Edwin Cheruiyot were arrested at an apartment in Kiamunyi, while the mastermind Peter Gitahi was arrested in Kitale, Trans-Nzoia County following the meticulous operation by our officers. The young men who were found in possession of thousands of Safaricom and Airtel SIM cards were using fraudulently generated identity cards numbers to register the SIM cards before proceeding to borrow money through the application. Detectives began investigations into this well choreographed fraud after a report was filled to the Banking Fraud Investigations Unit (BFIU) in August 2022, after the managers of the fund detected an unusual spike in Fuliza loan uptakes that were way above their performance scale and the borrowers were not repaying the loans. According to sleuths from BFIU, over 123,000 new mobile phone numbers opted into fuliza and took up loans in January 2022. Thereafter, the SIM cards were either fraudulently vacated or switched off and efforts to reach the customers turned futile. It is after further investigations that detectives realized that the SIM cards had been registered fraudulently by one of the suspects identified as Peter Gitahi, who is suspected to have access to the National Registration Bureau database, where he develops falsified identity numbers used in the high profile fraud. Preliminary investigations indicate that after developing the numbers and registering the lines he would sell them to his accomplices based in Nakuru who would then perpetuate the fraud. Further, the detectives uncovered that some of the lines had been registered as Safaricom agents where the borrowed funds would be deposited to personal bank accounts belonging to the individuals, disguised as Mpesa float. The seemingly industrious suspects would initially borrow money and repay thereby improving their credit scores, until the SIM cards achieved their limits when they would borrow for the last time before disposing the SIM card. One identity card would be used to register 5 lines in the daring SIM scam perpetuated by the young men, aged between 24-30 years. The suspects who live large in an apartment at Kiamunyi, have through their craft acquired 2 brand new Subarus, one Toyota Mark X, a Toyota Probox and two motorbikes for their ease of movement. During the operation, the detectives recovered 14 mobicom phones used in registering MPESA user SIM cards, 6laptops over 40 mobile phones, 7 routers, assorted Safaricom lines, over 1000 Safaricom subscribers registration forms, over 200 ATM cards from all major banks, car agreements among other exhibits. Detectives are currently interrogating the suspects for more insights into the high level fraud before arraigning them in court. #FichuakwaDCI 0800 722 203. https://www.facebook.com/100064587441038/posts/pfbid02NrhSdUtRuU9x5wM7yhTmn…

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