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Election Technology and Electoral Justice In Kenya
by Victor Kapiyo 28 Mar '23

28 Mar '23

Dear Listers, ICJ Kenya recently produced a technical brief on Election Technology and Electoral Justice In Kenya. The brief considers the steps taken in the integration of election technology. It also assesses the context of integration of election technology and the impetus provided by the standards provided under the Constitution of Kenya 2010. The brief notes the historical uncertainty in the management of free and fair elections, the high constitutional standards, and the essence and substance of technology in election management. It recognizes the opportunities presented by technology in achieving the principles and objects set in the constitution. It proposes a principle and value-based approach by IEBC and the courts called upon to apply and interpret the legal framework. This brief notes that, in the past, there has been an attitude of election managers to attain bare minimalist compliance with the law. This brief note that the minimalist and full deference to the IEBC in explaining technology failure in 2013 was followed by a more substantive and principle-based consideration in 2017. There are instances where there has been targeted litigation that are clearly intended to curtail the transformative focus of the Constitution in election management and reinforce the minimalist approach. Download brief <https://icj-kenya.org/wp-content/uploads/2023/01/ELECTION-TECHNOLOGY-AND-EL…> *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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Re: Call for Applications for GIZ's Generation Digital
by Angela Minayo 28 Mar '23

28 Mar '23

Dear Listers, GIZ has an open call for GenerationDigital! Grant. Its mission is to strengthen education stakeholders in digital ecosystems of 33 African partner countries in terms of promoting digital skills among children and youth. Generation Digital! pursues the digital transformation of the basic education sector on national and regional level. Please find attached the FAQs, Application Forms and Guidelines. All the best! 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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CA notice Protests
by Sidney Ochieng 25 Mar '23

25 Mar '23

Hi all, The CA yesterday issued a warning to several media houses over their coverage of the demonstrations on Monday. It's not posted to their website yet as far as I can tell but it has been posted to their office twitter handle here <https://twitter.com/CA_Kenya/status/1638597216595050515>: https://twitter.com/CA_Kenya/status/1638597216595050515 I'd like to take sometime to explain why I think their statement is wrong: *ALL BROADCASTERS RE: BROADCAST COVERAGE OF DEMONSTRATIONS* So the CA understands these are demonstrations. That's good *Today, the Authority completed a review of Broadcast Coverage of Opposition demonstrations held on 20th March 2023. The Authority has established that at least Six (6) TV stations, namely, Citizen TV, NTV, K24, KBC, TV47 and Ebru TV, provided coverage in a manner that violated the Programming Code. The coverage depicted scenes that could cause panic or incitement to the public, threating peace and cohesion in the country. The Authority has, in accordance with the relevant provisions of the law, issued notices to the identified broadcasters to take immediate remedial actions.* *1. Section 33 of the Constitution of Kenya as read together with Section 5B of the Kenya Information and Communication Act, which provide that the constitutionally guaranteed right to Freedom of Expression, does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others, or incitement to cause harm or discrimination;* The protests and the actions leading to them have been well covered. The initiator of these protests was the opposition and they made it clear why they were being called was a perceived disputed election, what they saw as poor leadership, and raising cost of living. It is their right as enshrined in the constitution, projected by freedom of speech and by the freedom to demo, picket and present petitions to public bodies. Meanwhile those of us who followed the protests on the various media mentioned by the CA were treated to scenes of people protesting the rising cost of living especially the cost of food. Nowhere was *propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others, or incitement to cause harm or discrimination * *2. Clauses 461 (1) (a) Kenya Information and Communications Act which requires licensed broadcasters to provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of the Kenyan community;* Planned and executed nationwide protests I would think is coverage that whole country would be interested in. *3. Clauses 19 (1) (c) and (d) Kenya Information and Communications (Broadcasting) Regulations which requires a licensee to ensure that no broadcasts by its station "glorifies violence or depicts violence in an offensive manner; or is likely to incite, perpetuate hatred, vilify any person or section of the community;* If we were to go by the broadcasts I saw, and of course this could have been biased, the only glorification of violence and depict of it in an offensive manner was done by our police forces. The only report of a death across the entire country on Monday came at the hands of the police in Maseno. In fact it could be said, and has by some media houses, the escalation of violence was by the police. *4. Clause 10.2.1 of the Programming Code which requires broadcasters to take care in coverage of crisis situations so as not to hinder or obstruct efforts by authorities to resolve the situation;* I don't have much to say on this other than can the CA please provide evidence where a boradcastor blocked the police and any other emergency service trying to do their jobs? Or is the implication of this that they can't do their jobs while being recorded or somehow their work is secret and covert? *5. Section 5.8.4 of the Programming Code which states that presentation of news and commentaries must not be done in a way that would create unnecessary panic or alarm;* I'd like specific examples of this. *6. Section 5.8.3 of the Programming Code which states that morbid, violent, sensational or alarming details that are not essential to factual reporting are not permissible* Again. I'd like specific examples of this. *7. Clause 2.4 of the Programming Code which states that broadcasters are responsible for the broadcast materials relayed on their stations, regardless of their source, as well as professional activities of its employees.* This is the only thing in the entire statement I have no issues with. It is reasonable. I very strongly disagree with almost everything in this statement. I understand that some of these laws and policies were put into place after what we went through as a country in 2007/08 but them being used like this is a worrying assault of our freedoms, particularly those of expression. I will be writing to the CA directly and hope that they can bring forth compelling evidence to back otherwise this is a worrying politicisation of an agency that has for the most part done it job and stayed neutral/ -- Warmly, Sidney *Twitter:* @princelySid <https://twitter.com/princelySid>* |* *Github:* princelySid <https://github.com/princelySid> | *Web: *sidneyochieng.co.ke

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#RamadanKareem
by David Indeje 22 Mar '23

22 Mar '23

Dear Listers, We wish all our Muslim brothers and sisters a blessed Ramadan. #RamadanKareem [image: Ramadan.jpeg]

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ARE YOU SCARED? ‘We are a little bit scared’: OpenAI CEO
by David Indeje 21 Mar '23

21 Mar '23

Dear Listers, Sam Altman, CEO of OpenAI, the company that developed the controversial consumer-facing artificial intelligence application ChatGPT, has warned <https://www.theguardian.com/technology/2023/mar/17/openai-sam-altman-artifi…> that the technology comes with real dangers as it reshapes society. *“I’m particularly worried that these models could be used for large-scale disinformation,” Altman said. “Now that they’re getting better at writing computer code, [they] could be used for offensive cyber-attacks.”* What is KICTANet Doing? For KICTANet, M John Walubengo has taken time to look at some of the emerging issues since discourse around ChatGPT emerged. This is inline with our 'Stakeholder engagement" where through this platform, we are able to discuss emerging issues within the ICT sector nationally, regionally and globally with an aim of having an amicable stand on the issues. Below are some of the issues he has written about. 1. AI Driven Profiling Is More Pervasive Than We Think. <https://www.kictanet.or.ke/ai-driven-profiling-is-more-pervasive-than-we-th…> 2. The Darkside of Artificial Intelligence <https://www.kictanet.or.ke/the-darkside-of-artificial-intelligence/> 3. AI – What Are The Legal and Ethical Dimensions <https://www.kictanet.or.ke/ai-what-are-the-legal-and-ethical-dimensions/> 4. ChatGPT – What it is and Why You Should Care <https://www.kictanet.or.ke/chatgpt-what-it-is-and-why-you-should-care/> -- *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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Re: Stakeholder Engagement Workshop on Child Online Protection
by Angela Minayo 21 Mar '23

21 Mar '23

Hi Listers, I am representing KICTANet in a stakeholder engagement on a national survey on online child protection and safety. The four-day workshop has been convened by Communications Authority of Kenya and Kenya National Bureau of Statistics. You can highlight areas of concerns that you would like to be included in the planned survey under this email thread. Finally, I would like to share this insightful report "Disrupting Harm in Kenya: Evidence on online childsexual exploitation and abuse" <https://www.end-violence.org/sites/default/files/2021-10/DH%20Kenya%20Repor…> for more information on the existing statistics on child online abuse and exploitation in Kenya. 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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SAVE THE DATE: Kenya IGF Week 2023
by David Indeje 16 Mar '23

16 Mar '23

Dear Listers, [image: image.png] -- *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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TOR for Report Presentation: Thomson Reuters Foundation
by Lydia Akinyi 10 Mar '23

10 Mar '23

Hello Listers, Greetings from Thomson Reuters Foundation. The Thomson Reuters Foundation (TRF) is implementing the Building Resilient and Independent Media Ecosystems in Africa (BRIMEA) Project, a two-year programme seeking to enable more resilient media ecosystems in Kenya, South Africa, and Zambia through a combination of legal and media interventions. The initiative provides journalists and newsrooms with media-related and legal support to strengthen their editorial independence and financial sustainability. In line with this, TRF is developing legal research and providing legal support, while also building the capacity of media practitioners and media organisations, both conventional and digital/social media. The project has conducted research on the legal and regulatory environment in the target countries in addition to research on the legal needs of media practitioners. Insights from these reports will be shared with an audience of lawyers, media support organisations, media associations, and media practitioners in dissemination events in the three countries. TRF seeks a consultant to develop a presentation that focuses on sharing key insights from the legal and regulatory reports from Kenya, South Africa and Zambia as well as the legal needs assessment. The country level reports explore the legal and regulatory framework of the media, including the framework on the regulation of foreign ownership and transparency of ownership of media. The legal needs assessment identifies legal vulnerabilities and needs of both media outlets and individual media practitioners. TRF seeks a consultant to synthesize key themes and identified needs from across the four reports and create a dynamic presentation package that includes speaker notes, a PowerPoint presentation, and suggestions for dynamic delivery from an information sharing perspective. The consultant will also develop a set of discussion questions for group discussion sessions lead by media freedom legal professionals with the group in attendance at the presentation session(s). We are seeking a journalist, lawyer, or academic for this consultancy. Academics may be very well positioned as they’re accustomed to developing and presenting content based on research therefore we are reaching out to you or your colleagues who would be a best fit. The candidate should be familiar with best practices for speaking/communicating information to foster learning, how to develop discussion questions that foster interesting conversation, etc We seek to engage a consultant on a freelance basis, working up to a maximum of 25 hours (subject to agreement) in March 2023. Kindly find attached a detailed TOR for this role. Please note that the deadline has been extended to *15th March 2023. *We are happy for you to apply or share with a wider suitable audience. Kind Regards, Lydia Obiero

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Invite: Stochastic Parrots Day Event March 17
by Mwendwa Kivuva 08 Mar '23

08 Mar '23

Hey all! Thought that some of you and/or your teams might be interested in this event being hosted by Timnit Gebru at DAIR next Friday. Here's the registration page: https://www.eventbrite.com/e/stochastic-parrots-day- tickets-524219965027 Besides co-authors Emily M. Bender, Margaret Mitchell and Angelina McMillan-Major, we'll be joined by other scientists, artists, data workers, writers, legal scholars and teachers. We'll also have one of the anonymous kenyan data workers who worked on filtering out Open AI model outputs profiled in this TIME article <https://time.com/6247678/openai-chatgpt-kenya-workers/>. Our guests will be: --my friend of 23 years Belzie Mont-Louis <https://www.linkedin.com/in/ACoAAA6LzAoBB9brM7XQdNbH0cqNShkB7thAEuo> who has been teaching middle schoolers 17+ years and knows the impact of these tools on her students, --Prof. Safiya Noble, Ph.D <https://en.wikipedia.org/wiki/Safiya_Noble> who you all know, --Prof. Mark Riedl <https://www.cc.gatech.edu/people/mark-riedl> who's research covers generative AI and other ML systems, and can help us dissect the hype (he also created this Stochastic Parrots Hoodie design <https://www.zazzle.com/stochastic_parrot_hoodie-235008422636681607> :) --Nanjala Nyabola <https://en.wikipedia.org/wiki/Nanjala_Nyabola> who is a writer, researcher and political analyst who wants to get the discussion around regulating AI away from the hype, --Artist Steven Zapata who has written and spoken a lot about the impact of generative AI tools on artists like him and his students (e.g. see his TEDx talk). --Sarah Andrew <https://www.linkedin.com/in/ACoAABBdgmgBrIjgVQhW02p4gqeCiKE2Dl49U-E> of Avaaz <https://secure.avaaz.org/page/en/> who will tell us all about what's going on with the EU's AI Act, --Our DAIR fellow Asmelash Teka Hadgu <https://www.linkedin.com/in/ACoAAAfxo00BLLOz43bs0xWtb_L4V1mTOGJuUBs> who stated a machine translation company, lesan.ai and has seen firsthand hype vs reality around tools like ChatGPT (you can see his twitter thread + interview here <https://twitter.com/asmelashteka/status/1630966233217605632> about ChatGPT being gibberish in his mother tongue but the hype being harmful to companies like his) --Our fellow Milagros Miceli <https://www.linkedin.com/in/ACoAAA6gpFsBk-zLEZpaZyh18CLBDOJLNJkCCY0> who's research on data labor has gotten THREE best paper awards and covered by many outlets, --and most importantly an anonymous data worker who has worked on filtering the outputs of these systems and can tell us first hand what their working conditions were and how doing this work impacted them. Thank you! Timnit [image: agenda.png] -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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Invitation: Public Participation Forum on Digitisation of Citizen Services
by David Indeje 08 Mar '23

08 Mar '23

Dear Listers, The Government of Kenya plans to digitise at least 5000 government services to enhance government service delivery. The Government has also embarked on developing and installing an end-to-end Civil Registration and Vital Statistics System capable of generating and assigning a Unique Personal Identifier (UPI) at birth, which will act as a lifetime identity for newborns. Given the foregoing, and in the spirit of consultative governance, the State Departments has scheduled a public participation forum with relevant stakeholders to share the Government's roadmap to the services. *The public participation forum will be held on Friday, March 10, 2023, at the Kenyatta International Convention Centre (KICC) from 9.00 a.m.* *For Details, see attached:*

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