- KICTANet - KICTANet

Minutes KICTAnet Planning meeting March 20, 2006 held at the jacaranda hotel
by alice＠apc.org 07 Apr '06

07 Apr '06

Dear All Find attached minutes of the March 20th meeting held at the jacaranda hotel. regards alice

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Fwd: [Fibre-for-africa] Yesterday's Nepad meeting
by Bill Kagai 07 Apr '06

07 Apr '06

---------- Forwarded message ---------- From: Vincent Waiswa Bagiire <vincent(a)cipesa.org> Date: Apr 7, 2006 10:44 AM Subject: [Fibre-for-africa] Yesterday's Nepad meeting To: Private list for use by EASSY Workshop Participants <fibre-for-africa(a)lists.apc.org> Dear All, Where as I was unable to attend the NEPAD meeting yesterday, we asked one of our colleagues based in South Africa to attend and provide us with an update. Below is the feed back she has provided. Anriette and … [View More]any one else who attended please chime in here. Just a brief overview of what occurred at the NEPAD EASSy meeting yesterday: The following made presentations: (1)IDC: consultants hired by NEPAD to look at Special Purpose Vehicle (SPV) models for financing the cable (no report submitted, and came under fire); (2)Presentation from the inter-governmental forum (IGA) (rather defensive delivery); (3)World Bank (regional policy dept): presented their SPV model (noticeably professional and concrete); (4)EASSy consortium: gave an update on where they are currently and what they think of the proposed SPV ideas (are ready to start building and aren't going to wait for governments to sort out their regulatory stuff); (5)Consultants for the Commonwealth Telecommunications Organization (CTO): their research into legal and regulatory changes required to support EASSy. (we have their report, their presentation was somewhat feeble, eg, they gave inappropriate examples of "success stories" of OA initiatives in other countries, which were all in municipalities, some of which are known to be failing) Each session was followed by Q&A. Unfortunately I did not realize the meeting concludes today (April 07 was not on the agenda?), so I don't know what the outcome was. But I can give you the following overall impressions for you to muse over: (1) This was a very high-level meeting between representatives of regulators, governments, and telcos (APC and AfrISPA also there). (2) A lot of frustration over IDC failing to submit a report to the group prior to this meeting, and a lot of embarrassing excuses from NEPAD chair. (3) There were 7 action points from the last meeting, but NEPAD had only made progress on 2, and there was some disagreement over the exact brief for some. (4) Frustration from the telcos (mostly Telkom and MTN), wanting greater detail of IDC's SPV model, with the presenter giving inadequate answers. (5) ***interesting*** Telcos stating bluntly that without the report, and action from last meeting, the process would likely stall. At this point, Lyndal Shope-Mafoli (our DG) stepped in and put her foot down, stating that she wanted to remind everyone that this was a NEPAD-led initiative, and governments would determine how this cable would be built. Governments would then ask the telcos if they wanted to participate. She said she had spoken to the CEOs of six of her telcos and all had agreed to invest. So, "there is no room for negotiation here: this is a development issue and one led by government, not the telcos". (6) But then a speaker from Kenya cautioned her on this approach - he sited the (disastrous) examples of COMTEL and RASCOM, ie, government-led initiatives tend to come to nothing. Also, Kenya is getting several offers (mostly from India) for alternative cables, which they are having to turn down so that they don't "sell out" their "brothers" in the SADC region. But it's getting hard for them to continue this - under a lot of public pressure for affordable bandwidth - and they want a timeline asap. (7) The timeline was mentioned by Rwanda, Botswana, Kenya and Tanzania as too long. (8) Rwanda is particularly cheesed-off: they've applied to join EASSy, but do not hear anything and ask "why must we come with a begging bowl, just because we don't have any operators"? (9) The question of why companies need an international gateway license came up several times. Answers from NEPAD and EASSy varied from "it was a compromise made at the beginning to appease telcos for us adopting OA principals" to a less compromising answer along the lines of "anyone can join, you just need a gateway license" ...inferring that countries must get on with issuing more of these, ie, liberalize faster. (10) WB stressed the need for NEPAD/IGA to stick to policy, and leave the cable to others - governments are not in the business of building cables themselves. (Got the impression the WB model for SPV is preferred over IDC's) (11) EASSy stressed that they are NOT opposed to any SPV model, as long as it is run on a commercial basis (ha ha, very good). (12) APC raised intelligent questions asking if their would be any civil society input to EASSy shareholders agreement, academica, umbrella orgs etc, but didn't get good answers. Compiled by Jennifer Huesler on behalf of CIPESA for the EASSy task force. Regards, Vincent -- Vincent Waiswa Bagiire, Director, CIPESA Plot 30, Bukoto Street, P.O. Box 26970 Kampala Tel: 256-41-533057 Fax: 256-41-533054 Cell: 256-77-702256 or 256-71-702256 Email: vincent(a)cipesa.org www.cipesa.org _______________________________________________ Fibre-for-africa mailing list Fibre-for-africa(a)lists.apc.org http://mailman-new.greennet.org.uk/mailman/listinfo/fibre-for-africa [View Less]

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Fwd: Expression of Interest
by alice＠apc.org 07 Apr '06

07 Apr '06

Dear all FYI > > Begin forwarded message: > >> From: "Andrew Karanja" <andrew(a)africanedevelopment.org> >> Date: 6 April 2006 16:22:46 GMT+03:00 >> To: brian(a)inhand.co.ke >> Cc: info(a)inhand.co.ke, harry(a)africanedevelopment.org >> Subject: Expression of Interest >> >> Dear Brian, >> >> Reference to your email to the KICTANet list regarding the hosting >> of KICTANet. Kindly consider this as an expression of … [View More]

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Fw: KICTANET REGISTRATION VARIOUS OPTIONS
by alice＠apc.org 06 Apr '06

06 Apr '06

Dear all Find attached and below various options for KICTANet registration submitted by Dr. Ben Sihanya. We are going to have a moderated discussion beginning Monday next week for seven days on this issue so we can conclude this matter. best regards alice ------------------------------------------------------------------------- Option 1: Incorporation of a Company Limited by Guarantee The Companies Act (Cap. 486 of the Laws of Kenya) defines a company limited by guarantee as "a … [View More]company having the liability of its members limited by the memorandum to such amount as the members may respectively thereby undertake to contribute to the assets of the company in the event of its being wound up." Such companies usually include associations where trade is carried on but the profits are employed in furthering the objects for which the company is formed. A company limited by guarantee may or may not have a share capital. If the company has a share capital the signatories must subscribe for at least one share, as is the case in a limited company. In this case therefore, each member will also be liable for the amount, for the time being, remaining unpaid on the shares held by him/her. A company limited by guarantee is required by law to clearly states, in its memorandum, the company's objects and that the liability of its members is limited. In addition, it shall have the word "limited" appearing as the last word of the company name. Please note however that associations that are not for profit may dispense with the use of the word "limited" after its name. Optimistically, it would probably take anywhere between one to three months to incorporate a company limited by guarantee. However, incorporation of such companies has been known to take about six (6) months to two (2) years! The reason for this is that such applications were in the past forwarded to the President's office whereupon verification of the particulars of the proposed directors was made. It seems that the rationale at the time was that there was possibly a suspicious motive behind such companies and thus why they did not wish to be incorporated as companies limited by shares. Today however, the process has theoretically improved though it is practically not viable in KICTANET's case (Issue of shareholding, appointing shareholders, directors, handling share transfers and such would complicate the organisation's operations). Option 2: Registration of a Charitable Trust A trust is a legal entity in itself and is established as soon as all the trustees sign the trust deed. A trust deed is the written instrument signed under seal by all the trustees in the presence of an independent witness. It stipulates the objects and rules of the trust including the regulations thereof. For it to be considered a charitable trust, the trustees must have constituted themselves for a religious, educational, literary, scientific, social, athletic or charitable purpose. It may be of interest to note that what is otherwise regarded to be a "foundation" is technically a trust. In Kenya, a foundation is established in the same way as a trust and is similar in all other aspects save for the fact that the parties to a foundation are referred to as founders/ settlers with additional persons appointed in the deed as trustees. In order to give the trust its own "corporate" identity and enable it make arrangements under seal in much the same way as a limited company, the trust is thereafter registered under the Trustees (Perpetual Succession) Act whereupon a Certificate of Registration is granted. This enables the trust to sue and be sued in its own name (as opposed to those of the trustees) and is especially useful where the trust wants to hold interest in movable and immovable property (i.e. land) in its name rather than in the individual trustees' names. In addition, by registering an organization as a trust, it may ultimately be possible to apply for charitable status. Eligibility for such status is obtained once the trust complies with the requirements of the Kenya Revenue Authority. My experience has been that a duly registered trust must have very strong justification for applying for charitable status with the general expectation of the authorities being proof that the objects of the trust are for the benefit of the majority of, or better still, all Kenyans rather than a narrowly defined group of beneficiaries. Further, in 2003 stringent measures and requirements were introduced by the Lands Registry, where trusts are registered, and these have caused the registration of trusts to take anywhere from a year to register. In fact, the Minister in charge at the time declared that turns would no longer be registered under his Ministry but instead, under the Societies Act. The Registrar of Societies responded in writing by stating that they too would not register trusts as it was not their mandate! The stalemate remains to date and applications for registration under the Trustee (PS) Act dating back to 2003 are still pending! It is nonetheless important to note that a trust deed duly registered at the Registry of Documents (but not under the Trustee (PS) Act) is sufficient proof of the existence of a trust and can be used, for instance, to open bank accounts in the name of the trust and employ people etc. Non-registration of a trust under the said Act does not mean that the trust is non-existent. Option 3: Registration of an NGO The Kenya Non-Governmental Organisations Co-ordination Act of 199 defines a non-governmental organisation (NGO) as a private, not-for-profit, voluntary grouping of individuals or associations organised nationally or internationally for promotion of social welfare, development, charity or research through the mobilisation of resources. A local NGO refers to that organization registered in Kenya and only operates in two (2) districts in Kenya while a national NGO is registered in Kenya and can operate in any area within Kenya. An international NGO on the other hand is registered in Kenya and can operate within or outside of Kenya. NGOs in Kenya are under intense scrutiny from the government and the NGO Co-ordination Board which was established to co-ordinate the activities of all NGOs and to consider applications for registration of NGOs. In addition, the Board advises the government on NGO activities and their role in development within Kenya as well as approves the Code of Conduct which governs the self-regulation of NGOs and their activities The Board is a Government entity under the Ministry of Home Affairs in the Office of the Vice-President. Since the Board meets four times a year to conduct business, the length of time it takes to register an NGO is dependent upon the time one submits their application relative to the Board meetings. Please also note that there exists an arm of the Board, which operates in the field and reports to the Board on a weekly basis on the effectiveness of projects or activities of NGOs all over the country. Such regular checks and balances ensure proper conduct by NGOs. The NGO Co-ordination Act, 1990 provides that registered NGOs must submit to the Board annual reports of their activities in the prescribed format although it is wise to submit reports on a quarterly basis together with audited reports for that quarter, as opposed to at the end of the year. Upon registration, the organization will be issued with a Certificate of Registration which is valid for sixty (60) months and renewable upon application. In addition, please note that upon registration, all NGOs are supposed to be members of the Kenya National Council of Voluntary Agencies. This is a collective forum through which the NGOs and the Government can meet annually to discuss the difficulties encountered in their activities and the NGOs can recommend ways in which the Government can better assist them achieve their objectives. The Council also acts as an arbitrator for disputes within and between NGOs or between NGOs and courts etc. Where disciplinary cases are referred to the Council for consideration and the NGO in question is found guilty of an act or omission contrary to the NGO rules of conduct yet remains unwilling to make amends, then such cases are forwarded to the Board for actioning. All this notwithstanding, issues related to the Council's constitution and membership are uncertain and, as far as I am aware, there are actually NGOs that are not members of the Council. Option 4: Registration of a Society Societies are governed by the Societies Act (Cap. 108, Laws of Kenya). A society is defined under the Act as any club, company, partnership or other association of ten or more persons, whatever its nature or object, established in Kenya or having its headquarters or chief place of business in Kenya. The Act specifically provides that the following are not societies: · A company registered under the Companies Act, or a branch office of a foreign company; · Any corporation incorporated by or under any other written law; · A registered trade union; · A company, firm, association or partnership consisting of not more than 20 persons formed with the view of carrying on business for profit; · A registered co-operative society; · A school registered under the Education Act; · A building society defined by the Building Societies Act; · A bank licensed under the Banking Act; · An international organisation of which Kenya is a member, or any branch, section or organ of any such organisation; Every society is required to apply for registration to the Registrar of Societies within 28 days after formation. In applying for registration, a society is first required to conduct a search of the Registry to confirm that there are no existing societies with the same name. The application process includes submitting an application form, a copy of the constitution or rules of the society and a notification of the registered office of the Society. In particular, the Society should have at the very least, three appointed officers who shall be required to sign the application forms. Appointments are, therefore, done even prior to application for registration. Once the Registrar receives the application, he should communicate his decision on whether or not to register the Society and if the former, arrange for a Certificate of Registration to be issued and the Society to be published in the Kenya Gazette. Please note that registration under the Societies Act presumes that the Society has already been constituted and is operational prior to the application for registration. In fact, once an application for registration is made, officers from the Registrar's office are required to visit the registered office of the Society to confirm if indeed the Society is operational. Whether or not this actually happens is another matter altogether, although in the recent past there has been effort on the Registrar's part to ensure that this is complied with, the result being that the entire process has been known to take over 6 months to conclude. Nevertheless, the Registrar has been clearing the backlog accumulated over the years and, as far as I am aware, the registration process has since been less time-consuming. Finally, please note that for any transaction carried on in Kenya, a Personal Identification Number (PIN) is required. As such, whatever organization you chose to register would have to apply for a PIN Certificate upon its registration. This is a fairly straightforward matter. You should also seek the opinion of a registered auditor in Kenya regarding issues of tax implications of the above organisations such as employee's tax returns, work permits, tax exemptions and the like. I trust that the above information is of some assistance in determining what type of entity to register in Kenya. In my view is that the fourth option would be most viable for KICTANET's present needs. ----- Original Message ----- From: "Innovative Lawyering" <sihanya(a)innovativelawyering.com> To: <alice(a)apc.org> Cc: <n_awino(a)hotmail.com> Sent: Wednesday, April 05, 2006 3:25 PM Subject: RE: KICTANET REGISTRATION > Dear Alice, > > I wont be able to attend today's emergency KICTANet meeting. Kindly accept > my apologies. Please keep me posted on any of the decisions made at this > meeting. I have attached two opinions for your perusal and comments. > > Thank you. > > Yours sincerely, > > Dr Ben Sihanya, Advocate > ___________________________________________________________________________ > Dr Ben Sihanya, Ph.D. (Stanford) > Teacher, Intellectual Property Attorney, Author, CPS (K), Consultant > Intellectual Property, Constitutionalism, and Communication Law > Chair, Department of Commercial Law > University of Nairobi Law School & ©opyright Africa & Innovative Lawyering > Trainer on TRIPs, WTO's Regional Trade Policy Course, University of > Namibia > Parklands Law Campus, Room B10 > Box 1313, Sarit Centre, 00606 Nairobi, Kenya > Telefax (254-20) 3741769 (O); +4343259 (H); Cell: +722897825 > email: copyrightafrica(a)innovativelawyering.com; > sihanya(a)innovativelawyering.com > :innovativelawyer@wananchi.com;url:www.innovativelawyering.com > [View Less]

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Fwd: <incom> Up-coming launch of the Global Alliance on ICT for Development
by Bill Kagai 06 Apr '06

06 Apr '06

---------- Forwarded message ---------- From: Soenke Zehle <s.zehle(a)kein.org> Date: Apr 6, 2006 3:55 PM Subject: <incom> Up-coming launch of the Global Alliance on ICT for Development To: incom <incom-l(a)incommunicado.info> Date: Thu, 6 Apr 2006 13:00:55 +0200 From: CONGO - Philippe Dam <wsis(a)ngocongo.org> Dear all, Many thanks to Ralf and Rik for having forwarded Mr. Khan's letter <http://www.ngocongo.org/index.php?what=pag&id=10211> about the up-… [View More]coming launch of the Global Alliance on ICT for Development. As highlighted in Mr. Khan's letter, the governance structure of the Global Alliance will be articulated around a three tier structure: • The */Strategy Council/* will offer strategic guidance and priority setting for the work of the Global Alliance. It would be comprise of 35 to 40 personalities representing the key constituencies (one third for civil society representatives) and would meet once or twice a year. • The */Steering Committee/* will provide continuous executive oversight and guidance to the work of the Secretariat. It would be composed of a Chair and several Vice-Chairs representing key constituencies of the Global Alliance and would meet monthly or bimonthly using modern communication devices. • The */Secretariat/* will be small structure composed of staff seconded by partners and hosted by UN DESA, would serve the overall work of the Global Alliance. It would provide analytical support to the Steering Committee and to the Strategy Council. The Global Alliance will be open to */membership/* for all stakeholders involved in ICT policies for development and providing advocacy and oversight on Information Society issues and implementing programs addressing MDGs. For civil society, it will include all NGOs, CSOs, foundations, scientific, academic and ICT communities and individuals around the world involved in the UN development agenda priorities. Therefore, participation in the Global Alliance should put together a very broad scope of NGOs, involving but going far beyond the WSIS civil society and should also include the worldwide NGO community to development. The Global Alliance will constitute a unique opportunity for NGOs to be directly involved in the ICT4D agenda and in the global development agenda within the UN. Further information on how you can join the Global Alliance would be circulated soon. The Global Alliance would */serve as a global inclusive forum/* to facilitate dialogue and encourage initiatives and partnerships on all cross cutting issues related to the use of ICT policies for development for the fulfilment of internationally agreed development goals, in particular in the framework of the MDGs. The view is to mobilize actors in order to advance the development agenda of the United Nations through ICT related policies. To that end, the Global Alliance would represent the */major multi-stakeholder component/* to interact and feed into the WSIS integrated follow-up process entrusted to ECOSOC through the UN CSTD by the WSIS outcome document. The Global Alliance will closely work with ECOSOC and the CSTD to bring further the follow-up to WSIS decisions in ICT policies for development, and participants in the Global Alliance would have direct access to the CSTD, through in-depth collaboration with the Secretariat of the UN CSTD. However the Global Alliance would neither constitute an operational body, nor flow into the action lines implementation process. */Next steps/* include: - Selection process of Strategy Council members. They will be appointed by the UN SG, following a self selection process within each group of constituencies. CONGO has been asked by UN DESA to facilitate the self selection process for civil society Members. - Information meetings, including in Geneva during the time of the CSTD session (15-19 May 2006): *15 May 2006*, time to be confirmed. - Inaugural meeting of the Global Alliance (in the week of 19 June 2006), in Kuala Lumpur. Information will be made available on modalities to get involved into this initiative and we would keep you informed on the most recent developments. Let me remind you than an up-dated program of meetings for the week 15-19 May is available at http://www.csbureau.org/posttunis.htm, and additional information on the post-Tunis WSIS mechanisms is available on the CONGO website <http://www.ngocongo.org/index.php?what=resources&id=278&start=1>. Best regards, Philippe Dam *Philippe Dam **CONGO - WSIS CS Secretariat ****11, Avenue de **la Paix** CH-1202 **Geneva** Tel: +41 22 301 1000 Fax: +41 22 301 2000 E-mail: **wsis(a)ngocongo.org* <mailto:wsis@ngocongo.org>* Website: **www.ngocongo.org <BLOCKED::http://www.ngocongo.org>** * * * *The Conference of NGOs (**CONGO) is an international, membership association that facilitates the participation of NGOs in United Nations debates and decisions. Founded in 1948, CONGO's major objective is to ensure the presence of NGOs in exchanges among the world's governments and United Nations agencies on issues of global concern. For more information see our website at www.ngocongo.org <BLOCKED::http://www.ngocongo.org/>*** _______________________________________________ incom-l mailing list incom-l(a)incommunicado.info http://mail.kein.org/mailman/listinfo/incom-l -- -- With Kind Regards, Bildad Kagai MD - Circuits & Packets Communications Ltd Suite B2, Tetu Apartments, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 2728332 Fax. 254 20 2726965 Cell. 254 722 379409 E. bill(a)circuitspackets.co.ke URL. www.circuitspackets.co.ke [View Less]

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Financial Services for KICTANET
by Brian Longwe 06 Apr '06

06 Apr '06

Dear all, During the KICTANET meeting yesterday, it became clear that there is an urgent need for a KICTANET bank account to receive funds earmarked for the action plan/budget. Unfortunately the process of registering KICTANET as a legal entity that can hold a bank account is not yet complete. In the interim we are considering a number of options to provide for immediate facilities, these include: 1) Appoint a firm of lawyers to receive/administer funds till registration is … [View More]

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KICTAnet Special strategising meeting Wednesday 5 2006 jacaranda hotel
by alice＠apc.org 05 Apr '06

05 Apr '06

Dear Members You are all invited for a network monthly meeting, which will take place on Wednesday at 6.00p.m. at the jacaranda hotel. This meeting will discuss the following 1. Hosting of KICTANet Secretariat 2. Preliminary report KICTAnet structure and proposals for institutional assessment/development 3. Resource mobilisation 4. AOB kind regards alice

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Re: [Kictanet] FW: [egov4dev] Consultant Sought for CommissionedWriting on ICTs and Fisheries
by John Walubengo 02 Apr '06

02 Apr '06

Harry, I can write about ICTs and even connect them with Fish. But unfortunately, I can neither speak nor write in French... walu. >>> "Harry Hare" <harry(a)aitecafrica.com> 03/29/06 11:48pm >>> Any takers? Harry -----Original Message----- From: egov4dev(a)yahoogroups.com [mailto:egov4dev@yahoogroups.com] On Behalf Of Richard Heeks Sent: 29 March 2006 16:25 To: egov4dev(a)yahoogroups.com Subject: [egov4dev] Consultant Sought for Commissioned Writing on ICTs and … [View More]Fisheries The Sustainable Fisheries Livelihoods Programme (www.sflp.org) is funded by DFID and implemented by FAO in partnership with government ministries and NGO/civil society in 25 West African countries. We are now looking to commission a piece of work on the use of ICT in the small-scale or artisanal fisheries sector in developing countries, for example: - how the use of mobile phones has changed fish marketing - SMS weather forecasting & storm warnings for safety - GPS technology for fishing operations and in participatory monitoring, control and surveillance systems. - Use of low-cost echo-sounders for improved efficiency of fishing operations - Use of internet technologies for networking among civil-society groups and for co-ordination of decentralised/community-based management of resources - Community radio for social change We are looking for someone who understands the kinds of social and economic changes that result from, or are enabled by, recent and emerging ICTs. They don't need to know the fisheries sector, although it may help. They will need to speak French. This will be about 20 days paid work, to include a visit to FAO Rome, and probably to Senegal. Timetable is fairly flexible, but preferably before end September 2006. If you are interested, please contact: Dr Edward H Allison (E.Allison(a)uea.ac.uk) Senior Lecturer in Natural Resource Management School of Development Studies University of East Anglia Norwich NR4 7TJ, U.K. Tel +44(0)1603 593724 Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/egov4dev/ <*> To unsubscribe from this group, send an email to: egov4dev-unsubscribe(a)yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.3.3/295 - Release Date: 28/03/2006 -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.3.3/295 - Release Date: 28/03/2006 _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/jwalubengo%40kcct.ac.ke [View Less]

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Tech Museum Awards
by Wainaina Mungai 01 Apr '06

01 Apr '06

Tech Museum Awards (accepting nominations) http://www.techawards.org/nominate/ Deadline: April 3rd, 2006 All the best. --- Wainaina Mungai http://www.madeinkenya.org SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

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Tech Museum Awards
by Wainaina Mungai 01 Apr '06

01 Apr '06

Tech Museum Awards (accepting nominations) http://www.techawards.org/nominate/ Deadline: April 3rd, 2006 All the best. --- Wainaina Mungai http://www.madeinkenya.org SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

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