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Kenya lost Sh15bn through cybercrime last year
by Grace Githaiga 29 Oct '15

29 Oct '15

Kenyan firms lost Sh15 billion through cybercrime last year, with the public sector being the most affected, a new report says. The report states that despite efforts by the government to fight cybercrime, Kenya is still ill-equipped.Mechanisms for successfully fighting, tracking and calculating cybercrime losses are not well established, the report says.It notes that most attacks are committed by staff and are very sophisticated, taking at least 120 days to detect.Other common attacks are telecommunications threats, social media, online and mobile banking, mobile money fraud and cyber espionage. http://www.nation.co.ke/business/Kenya-lost-Sh15bn-through-cybercrime-last-…

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[kictanet] http://www.the-star.co.ke/news/information-cs-disowns-cak-amendment
by Barrack Otieno 29 Oct '15

29 Oct '15

Listers, http://www.the-star.co.ke/news/information-cs-disowns-cak-amendment an interesting turn of events,i suppose for the better? Best Regards -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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Re: [kictanet] kictanet Digest, Vol 101, Issue 32
by Mose Karanja 28 Oct '15

28 Oct '15

To those interested on catching up on the latest Freedom House's Intenet Freedom Report launch, watch here: https://www.youtube.com/watch?v=b3oiURFvhQU Grace Githaiga will be commenting via Hangouts. The global report, just released, is here: https://freedomhouse.org/report/freedom-world/freedom-world-2015#.VjDFKa4rL… The Kenyan part is attached. On 14 October 2015 at 18:14, <kictanet-request(a)lists.kictanet.or.ke> wrote: > Send kictanet mailing list submissions to > kictanet(a)lists.kictanet.or.ke > > To subscribe or unsubscribe via the World Wide Web, visit > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > or, via email, send a message with subject or body 'help' to > kictanet-request(a)lists.kictanet.or.ke > > You can reach the person managing the list at > kictanet-owner(a)lists.kictanet.or.ke > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of kictanet digest..." > > Today's Topics: > > 1. Fwd: Freedom on the Net 2015 Report Launch (Mose Karanja) > 2. Proposed Amendments to KICA in Statute Law Misc. Amendment > Bill 2015 (Victor Kapiyo) > 3. Re: Proposed Amendments to KICA in Statute Law Misc. > Amendment Bill 2015 (Ali Hussein) > > > ---------- Forwarded message ---------- > From: Mose Karanja <mosekaranja(a)gmail.com> > To: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Cc: > Date: Wed, 14 Oct 2015 16:00:42 +0300 > Subject: [kictanet] Fwd: Freedom on the Net 2015 Report Launch > The Freedom House Internet Freedom report will be released two weeks from > now. Our very own Grace Githaiga will be Hanging Out with the launch team. > You can stream it live using the link provided. > > Moses > > ---------- Forwarded message ---------- > From: Freedom House <fhevents(a)freedomhouse.org> > Date: 13 October 2015 at 20:48 > Subject: Freedom on the Net 2015 Report Launch > > > > Email not displaying correctly? > View it in your browser > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=i%2FBKfMSKmfV1J01VIDxA1I8qOD5…> > . > Freedom House Events *Freedom on the Net 2015* > > > *Wednesday, October 28, 2015 9:00 a.m. - 10:30 a.m. * > > > Please join us for the launch of* Freedom on the Net 2015*, the latest > edition of Freedom House’s annual assessment of internet access, > censorship, and internet user rights in 65 countries around the world. This > year’s event will highlight the advances and setbacks in internet freedom > over the past year, emerging threats to digital media, and the challenges > these trends pose to U.S. foreign policy. > > *Breakfast and registration will begin at 8:30 a.m.* > > > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=2l%2FP4dxU6Daqwxl3Il1TwI8qOD5…> > > > *Google Washington, D.C. 25 Massachusetts Ave, NW Suite 900 Washington, DC > 20001* > > > > > *CLICK HERE TO WATCH LIVE* > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=nePkvi0lWjF2JDWV4HRBK%2Fp55ns…> > > *Program* > > > *Introductory Remarks *The Honorable Brian Schatz (D-HI) > United States Senate > > Ross LaJeunesse > Global Head of Free Expression & International Relations, Google > > Daniel Calingaert > Executive Vice President, Freedom House > > Sanja Kelly > *Freedom on the Net* Project Director, Freedom House > > > *Panelists *Chinmayi Arun > Research Director, Centre for Communication Governance > National Law University, Dehli > > Eileen Donahoe > Director of Global Affairs, Human Rights Watch > Former U.S. Ambassador to the UN Human Rights Council > > Gady Epstein > Media Editor, *The Economist * > > *Google Hangout Participants* > Grace Githaiga > Associate, Kenya ICT Action Network > > Tetyana Lokot > Contributing Editor for RuNet Echo > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=CXWdbSomfR5upLasEcqFJI8qOD5Hq…> > Ukraine > > Special thank you to Google for sponsoring the launch of *Freedom on the > Net 2015.* > > Follow on Twitter > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=PXm5x1CiJlVWs4zMW0wMeY8qOD5Hq…> > Friend on Facebook > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=qa7eU3emw4Y%2FlxYitbBwfI8qOD5…> > fhevents(a)freedomhouse.org > > *Our mailing address is:* > 1850 M Street NW, Suite 1100 > Washington, DC 20036 > > unsubscribe from this list > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=DZzByMBO059cpj8YBpV7So8qOD5Hq…> > update subscription preferences > <http://org2.salsalabs.com/dia/track.jsp?v=2&c=mUB7g%2FEyIQz6nZ8LUUhX1I8qOD5…> > > > [image: empowered by Salsa] <http://www.salsalabs.com/?email> > > > > -- > Mose Karanja > +254 724 162536 | @Mose_Karanja <https://twitter.com/Mose_Karanja> > PGP: 0x1529552F > <https://twitter.com/Mose_Karanja> > > > > > > ---------- Forwarded message ---------- > From: Victor Kapiyo <vkapiyo(a)gmail.com> > To: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Cc: > Date: Wed, 14 Oct 2015 16:44:52 +0300 > Subject: [kictanet] Proposed Amendments to KICA in Statute Law Misc. > Amendment Bill 2015 > Dear all, > > Pls see below, link to the Statute Law Misc. Amendment Bill 2015, which > proposes to amend several laws, including KICA. > > According to the objects and reasons: > > Kenya Information And Communications Act, of 1998 - Firstly to align it > with the Competitions Act, 2014 in respect of the criteria for being a > dominant market undertaking and secondly to harmonize the regulation making > power so that it is exercised by the Cabinet Secretary in consultation with > the Authority. > > The Competition Act (No. 12 of 2010 - The Bill seeks to amend the > Competition Act so as to clarify that the power to Prescribe, as specified > in the Act is to be exercised by the Cabinet Secretary in consultation with > the Authority. > > > http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/StatuteLaw__Miscel… > > Victor Kapiyo > > ==================================================== > *“Your attitude, not your aptitude, will determine your altitude” Zig > Ziglar* > > > ---------- Forwarded message ---------- > From: Ali Hussein <ali(a)hussein.me.ke> > To: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Cc: > Date: Wed, 14 Oct 2015 18:00:23 +0300 > Subject: Re: [kictanet] Proposed Amendments to KICA in Statute Law Misc. > Amendment Bill 2015 > Victor > > Thanks for sharing. Even without reading the proposed amendments I raise a > serious red flag regarding the proposed abrogation of powers that have to > do with regulation to the executive. What then is the purpose of a > supposedly independent CA? > > *Ali Hussein* > > *Hussein & Associates* > > > > Tel: +254 770 906375/ 713 601113 > > Twitter: @AliHKassim > > Skype: abu-jomo > > LinkedIn: http://ke.linkedin.com/in/alihkassim > <http://ke.linkedin.com/in/alihkassim> > > Blog: www.alyhussein.com > > > 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. > > On Wed, Oct 14, 2015 at 4:44 PM, Victor Kapiyo via kictanet < > kictanet(a)lists.kictanet.or.ke> wrote: > >> Dear all, >> >> Pls see below, link to the Statute Law Misc. Amendment Bill 2015, which >> proposes to amend several laws, including KICA. >> >> According to the objects and reasons: >> >> Kenya Information And Communications Act, of 1998 - Firstly to align it >> with the Competitions Act, 2014 in respect of the criteria for being a >> dominant market undertaking and secondly to harmonize the regulation making >> power so that it is exercised by the Cabinet Secretary in consultation with >> the Authority. >> >> The Competition Act (No. 12 of 2010 - The Bill seeks to amend the >> Competition Act so as to clarify that the power to Prescribe, as specified >> in the Act is to be exercised by the Cabinet Secretary in consultation with >> the Authority. >> >> >> http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/StatuteLaw__Miscel… >> >> Victor Kapiyo >> >> ==================================================== >> *“Your attitude, not your aptitude, will determine your altitude” Zig >> Ziglar* >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> Unsubscribe or change your options at >> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com >> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform >> for people and institutions interested and involved in ICT policy and >> regulation. The network aims to act as a catalyst for reform in the ICT >> sector in support of the national aim of ICT enabled growth and development. >> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors >> online that you follow in real life: respect people's times and bandwidth, >> share knowledge, don't flame or abuse or personalize, respect privacy, do >> not spam, do not market your wares or qualifications. >> > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > -- Moses Karanja | @Mose_Karanja <https://twitter.com/Mose_Karanja> | PGP: 0x1529552F <https://pgp.mit.edu/pks/lookup?op=index&fingerprint=on&search=0x1529552F> <https://twitter.com/Mose_Karanja>

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Fwd: [Internet Policy] IPU Resolution on democracy, privacy, and mass surveillance
by Barrack Otieno 27 Oct '15

27 Oct '15

Listers, This might be usefull to some listers. Regards ---------- Forwarded message ---------- From: Richard Hill <rhill(a)hill-a.ch> Date: Sun, 25 Oct 2015 16:36:27 +0100 Subject: [Internet Policy] IPU Resolution on democracy, privacy, and mass surveillance To: internetpolicy(a)elists.isoc.org The Inter-Parliamentary Union is the organization that comprises many of the world's parliaments. It is not well known, but it has recently adopted some resolutions that should be of interest. In particular, a new resolution on Democracy in the Digital Era and the Threat to Privacy and Individual Freedoms, see: http://www.ipu.org/conf-e/133/Res-1.htm Operational paragraph 3 underscores that legislation regarding surveillance must be based, inter alia, on the principles of necessity and proportionality. I believe that this is the first example of a global state institution explicitly adopting those principles (but I believe that some European court judgments also mention both principles). Paragraph 4 calls for removing limitations on freedom of expression (as does paragraph 17) and upholding the principle of net neutrality. Again, I believe that this is the first example of a global state institution explicitly adopting the principle of net neutrality. Paragraph 7 basically calls for an end to current mass surveillance practices. Other paragraphs of the resolution are also significant. Information on the IPU is at: http://www.ipu.org Best, Richard _______________________________________________ To manage your ISOC subscriptions or unsubscribe, please log into the ISOC Member Portal: https://portal.isoc.org/ Then choose Interests & Subscriptions from the My Account menu. -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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KUCCPS
by P Gitau Githongo 27 Oct '15

27 Oct '15

http://students.kuccps.net/downloads/FirstRevisionManual2015.pdf All payments for application MUST be made through MPESA as explained in step 4 of the procedure. Any other mode of payment will NOT BE ACCEPTED. Perhaps listers with legal expertise can advise - surely it's illegal for a service to be denied where the payment can be made using legal tender issued by the Central bank of Kenya? Regards, P Gitau Githongo

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CIO100 Symposium and Awards
by Harry Hare | African eDevelopment Resource Centre 27 Oct '15

27 Oct '15

Hello All, I would like to interest you to this year¹s CIO100 Symposium and Award scheduled for 5th and 6th November at the Enashipai Resort and Spa. Please see the current agenda here https://cio100.topi.com/. We are still looking for speakers with working knowledge on Internet of Things, Enterprise Architecture and IT Leadership. If you have any of these competencies, please drop me a note. Hope to see you all in Naivasha as we celebrate excellence in IT. Kindest Regards and apologies for cross-posting. Harry Hare Director | African eDevelopment Resource Centre PO Box 49475 00100 | Nairobi, Kenya Kenya +254 20 4041646 | Cel +254 725 650044 Nigeria + 234 814 636 4611

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Planned amendments bode ill for Communications Authority
by Mwendwa Kivuva 26 Oct '15

26 Oct '15

Greetings, Walubengo seems to have captured the controversial issues surrounding the new KICA amendments where the executive is unsurprising powers from the "independent" Communications Authority. The emphasis of the community is that these amendments are unconstitutional and will not be allowed to pass. read on ... http://www.nation.co.ke/oped/blogs/dot9/walubengo/-/2274560/2921856/-/xolkx… There is a proposed bill, the Miscellaneous Amendment Bill 164 of 2015 <http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/StatuteLaw__Miscel…> that proposes to move most of the communications regulatory powers to the Cabinet secretary. It is not clear why the Executive suddenly wants to become the regulator in a day and age when global practice seems to be to keep the two as separate as possible. In seeking to understand the rationale, one needs to look at the 'Memorandum of Objects and Reason’ section, which states as follows: *‘The Bill seeks to amend the Kenya Information And Communications Act, 1998 section 2 of 1998) so as firstly to align it with the Competitions Act, 2014 in respect of the criteria for being a dominant market* *undertaking and secondly to harmonize the regulation making power so that it is exercised by the Cabinet Secretary in consultation with the Authority’.* Two aims seem to drive the new amendments. One is to put the contentious issue of dominance under the Competition Authority rather than the Communications Authority. The second is to enhance the Cabinet Secretary’s role in communication regulatory matters. For those with a little bit of communications history, it is easy to see the deliberate shift towards the old days when communications regulation was strictly under the Minister of Transport and Communications. In those days, prior to the Kenya Communications Act 1998, the then Kenya Posts and Telecommunications Corporation (KPTC), a fully-owned government parastatal, was the father, mother and grandparent of all regulatory matters in Kenya. The performance of regulation then is well documented and it was clearly a case study in ‘how not to regulate’. So it still beats all logic, despite the intended rationale for the amendments, why a modern, self-declared digital government would want to drag the whole country back to the so-called dark days. *'DEPARTMENT OF THE ICT MINISTRY'* Indeed, the Kenyan Constitution (2010) anticipates and clearly states that we should have a more independent regulator than what we have always had. As stated in Article 34: Section (5)-: *‘ Parliament shall enact legislation that provides for the establishment of a body, which shall—* *(a) be independent of control by government, political interests or commercial interests;* *(b) reflect the interests of all sections of the society; and* *(c) set media standards and regulate and monitor compliance with those standards.’* Several court battles have recently been filed against the current regulator simply because their decisions, however well-intentioned were deemed not to have been undertaken by an independent regulator as envisioned in the new constitution. Why, then, would the government deliberately plan to set itself up for more of these court battles by proposing amendments that clearly make the regulator a department of the ICT Ministry and therefore not independent from the Executive? *JUST WIND UP THE CA* Most of the proposed amendments are about replacing the role of the regulator with that of the Cabinet secretary by inserting the words ‘The Cabinet secretary in consultation with the Communication Authority shall make regulations for…’ As an example, see Section 5(b)(5) on ‘Freedom of the media’. The new proposals say that ‘The Cabinet secretary in consultation with the Communication Authority shall make regulations for the better carrying out of the provisions in this section’. In Section 27(d) on ‘SIM cards’, the new proposals say that ‘The Cabinet secretary in consultation with the Communication Authority may make regulations with respect to SIM Card registration, storage, retention, transfers….’ There are many other amendments of similar a nature, and the clear message is that the regulator cannot make operational decisions unless in consultation with the minister. Indeed, one could argue that it is effectively the other way round - the Minister making the decision in consultation with the regulator. If the famous voting machine in Parliament, otherwise known as the "tyranny of numbers", is anything to go by, these amendments are likely to pass. However, the government should do Kenyans a favour thereafter and wind up the Communications Authority of Kenya, since its role will essentially have been absorbed by the Ministry. *Mr Walubengo is a lecturer at the Multimedia University of Kenya's Faculty of Computing and IT. Twitter: @jwalu Email: jwalubengo(a)mmu.ac.ke <jwalubengo(a)mmu.ac.ke>* ______________________ Mwendwa Kivuva, Nairobi, Kenya "There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson

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IGF 2015 Brazil Request for Civil society Speakers
by Ephraim Percy Kenyanito 24 Oct '15

24 Oct '15

Dear all, The IGF Secretariat has requested names of two potential speakers from the civil society stakeholder group to participate in the opening and closing ceremonies of the 2015 IGF. Kindly send your suggestions on the lists by Wednesday Oct 28th so that the Internet Governance Civil Society Co-ordination Group (CSCG) and the MAG can organise for onward transmission to the IGF Secretariat. Regards, -- Best Regards, Ephraim Percy Kenyanito Website: http://about.me/ekenyanito Twitter: @ekenyanito PGP: E6BA8DC1

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Nominations for 2015 ICT Value Awards
by Salesio Kiura 23 Oct '15

23 Oct '15

Dear all, Online Nominations for the 3rd Annual ICT Value Awards, hosted by the ICT Association of Kenya (ICTAK) is ongoing. ( http://www.ictak.or.ke/events/ictvaawards2015) Attached is concept detailing: - *Eligibility for the Awards* - *Nomination and selection process* *- **Objectives and Award Categories* *and other information.* For further information (including how to partner with the Association) Please contact the Association secretariat using: Tel.: 0721 754 218 /OR/ 0739 595 224 email: ictva(a)ictak.or.ke OR info(a)ictak.or.ke ======= 2013 event: http://www.ictak.or.ke/events/past-event-2013-ict-value-awards 2014 even: http://www.ictak.or.ke/events/2014ictvalueawards Best regards, Dr. Salesio M. Kiura Chairman, ICTVA 2015 Committee Email: chairman(a)ictak.or.ke ===== Give thanks for everything since: *All works for good to those that love the LORD!*

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Re: [kictanet] Planned amendments bode ill for Communications Authority
by Barrack Otieno 21 Oct '15

21 Oct '15

Oops, i had forgotten that we can Sosion the amendments. Thank you for that enlightenment Kivuva. Lets watch the next steps. Regards On 10/21/15, Mwendwa Kivuva <lordmwesh(a)gmail.com> wrote: > Barrack, these amendments will not be allowed to pass, even with tyranny > of numbers because any bills passed should be inline with the constitution. > Any laws enacted that contradict the constitution are null and void. We > have several precedence in case law where laws that were passed by > parliament were reversed by court. > > Regards > On Oct 21, 2015 9:57 AM, "Barrack Otieno via kictanet" < > kictanet(a)lists.kictanet.or.ke> wrote: > >> Ali, Colleagues, >> >> This is purely a leadership issue Ali, fortunately there is a time and >> season for everything. The current stewards of the sector will be >> remembered for their deeds or misdeeds. The same laws will be amended >> some day by another parliament that is full of wisdom not numbers. >> >> Regards >> >> On 10/21/15, Ali Hussein via kictanet <kictanet(a)lists.kictanet.or.ke> >> wrote: >> > Mwendwa >> > >> > Thanks for bringing this up. >> > >> > On a light note..Does my brother Walu still have a job at the Uni? :-) >> > >> > Seriously though, this sort of thing just takes us back 10+ years to >> > the >> > days of KANU. >> > >> > Ministry - Policy & Leadership >> > Regulator - Regulate >> > >> > How difficult is that? >> > >> > I recall that after the new constitution was promulgated the hopes of >> > the >> > industry was that we will have a more robust and independent Regulator >> > fashioned around the US Regulator - The Federal Communications >> Commission. >> > >> > It is my humble view that we owe it to the world to set the highest >> > standards for Regulation & Policy Formulation in the world as we are >> > now >> a >> > recognised leader in innovation in the mobile space. Instead of the >> > Executive looking to surround itself with more regulatorY powers they >> would >> > do better to recognise their role of formulating & guiding policy & >> > leadership to move this country forward in the ICT Sector. >> > >> > Thanks & Regards >> > >> > Ali Hussein >> > ali(a)hussein.me.ke >> > >> > +254 713 601113 >> > Twitter: @AliHKassim >> > Skype: Abu-Jomo >> > LinkedIn: http//ke.linkedin.com/in/alihkassim >> > Blog: www.alyhussein.com >> > >> >> On Oct 21, 2015, at 10:01 AM, Mwendwa Kivuva via kictanet >> >> <kictanet(a)lists.kictanet.or.ke> wrote: >> >> >> >> Greetings, >> >> >> >> Walubengo seems to have captured the controversial issues surrounding >> the >> >> new KICA amendments where the executive is unsurprising powers from >> >> the >> >> "independent" Communications Authority. The emphasis of the community >> >> is >> >> that these amendments are unconstitutional and will not be allowed to >> >> pass. >> >> >> >> read on ... >> >> >> http://www.nation.co.ke/oped/blogs/dot9/walubengo/-/2274560/2921856/-/xolkx… >> >> < >> http://www.nation.co.ke/oped/blogs/dot9/walubengo/-/2274560/2921856/-/xolkx… >> > >> >> >> >> There is a proposed bill, the Miscellaneous Amendment Bill 164 of 2015 >> >> < >> http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2015/StatuteLaw__Miscel… >> > >> >> that proposes to move most of the communications regulatory powers to >> the >> >> Cabinet secretary. >> >> >> >> It is not clear why the Executive suddenly wants to become the >> >> regulator >> >> in a day and age when global practice seems to be to keep the two as >> >> separate as possible. >> >> >> >> In seeking to understand the rationale, one needs to look at the >> >> 'Memorandum of Objects and Reason’ section, which states as follows: >> >> >> >> ‘The Bill seeks to amend the Kenya Information And Communications Act, >> >> 1998 section 2 of 1998) so as firstly to align it with the >> >> Competitions >> >> Act, 2014 in respect of the criteria for being a dominant market >> >> >> >> undertaking and secondly to harmonize the regulation making power so >> that >> >> it is exercised by the Cabinet Secretary in consultation with the >> >> Authority’. >> >> >> >> Two aims seem to drive the new amendments. One is to put the >> >> contentious >> >> issue of dominance under the Competition Authority rather than the >> >> Communications Authority. The second is to enhance the Cabinet >> Secretary’s >> >> role in communication regulatory matters. >> >> >> >> For those with a little bit of communications history, it is easy to >> >> see >> >> the deliberate shift towards the old days when communications >> >> regulation >> >> was strictly under the Minister of Transport and Communications. >> >> >> >> In those days, prior to the Kenya Communications Act 1998, the then >> Kenya >> >> Posts and Telecommunications Corporation (KPTC), a fully-owned >> government >> >> parastatal, was the father, mother and grandparent of all regulatory >> >> matters in Kenya. >> >> >> >> The performance of regulation then is well documented and it was >> clearly a >> >> case study in ‘how not to regulate’. >> >> >> >> So it still beats all logic, despite the intended rationale for the >> >> amendments, why a modern, self-declared digital government would want >> >> to >> >> drag the whole country back to the so-called dark days. >> >> >> >> 'DEPARTMENT OF THE ICT MINISTRY' >> >> >> >> Indeed, the Kenyan Constitution (2010) anticipates and clearly states >> that >> >> we should have a more independent regulator than what we have always >> had. >> >> >> >> As stated in Article 34: Section (5)-: >> >> >> >> ‘ Parliament shall enact legislation that provides for the >> >> establishment >> >> of a body, which shall— >> >> >> >> (a) be independent of control by government, political interests or >> >> commercial interests; >> >> >> >> (b) reflect the interests of all sections of the society; and >> >> >> >> (c) set media standards and regulate and monitor compliance with those >> >> standards.’ >> >> >> >> Several court battles have recently been filed against the current >> >> regulator simply because their decisions, however well-intentioned >> >> were >> >> deemed not to have been undertaken by an independent regulator as >> >> envisioned in the new constitution. >> >> >> >> Why, then, would the government deliberately plan to set itself up for >> >> more of these court battles by proposing amendments that clearly make >> the >> >> regulator a department of the ICT Ministry and therefore not >> >> independent >> >> from the Executive? >> >> >> >> JUST WIND UP THE CA >> >> >> >> Most of the proposed amendments are about replacing the role of the >> >> regulator with that of the Cabinet secretary by inserting the words >> >> ‘The >> >> Cabinet secretary in consultation with the Communication Authority >> >> shall >> >> make regulations for…’ >> >> >> >> As an example, see Section 5(b)(5) on ‘Freedom of the media’. The >> >> new >> >> proposals say that ‘The Cabinet secretary in consultation with the >> >> Communication Authority shall make regulations for the better carrying >> out >> >> of the provisions in this section’. >> >> >> >> In Section 27(d) on ‘SIM cards’, the new proposals say that ‘The >> >> Cabinet >> >> secretary in consultation with the Communication Authority may make >> >> regulations with respect to SIM Card registration, storage, retention, >> >> transfers….’ >> >> >> >> There are many other amendments of similar a nature, and the clear >> message >> >> is that the regulator cannot make operational decisions unless in >> >> consultation with the minister. >> >> >> >> Indeed, one could argue that it is effectively the other way round - >> >> the >> >> Minister making the decision in consultation with the regulator. >> >> >> >> If the famous voting machine in Parliament, otherwise known as the >> >> "tyranny of numbers", is anything to go by, these amendments are >> >> likely >> to >> >> pass. >> >> >> >> However, the government should do Kenyans a favour thereafter and wind >> up >> >> the Communications Authority of Kenya, since its role will essentially >> >> have been absorbed by the Ministry. >> >> >> >> Mr Walubengo is a lecturer at the Multimedia University of Kenya's >> Faculty >> >> of Computing and IT. Twitter: @jwalu Email: jwalubengo(a)mmu.ac.ke >> >> <mailto:[email protected]> >> >> ______________________ >> >> Mwendwa Kivuva, Nairobi, Kenya >> >> >> >> "There are some men who lift the age they inhabit, till all men walk >> >> on >> >> higher ground in that lifetime." - Maxwell Anderson >> >> >> >> _______________________________________________ >> >> kictanet mailing list >> >> kictanet(a)lists.kictanet.or.ke >> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> >> >> Unsubscribe or change your options at >> >> >> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com >> >> >> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder >> >> platform >> >> for people and institutions interested and involved in ICT policy and >> >> regulation. The network aims to act as a catalyst for reform in the >> >> ICT >> >> sector in support of the national aim of ICT enabled growth and >> >> development. >> >> >> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors >> >> online that you follow in real life: respect people's times and >> bandwidth, >> >> share knowledge, don't flame or abuse or personalize, respect privacy, >> do >> >> not spam, do not market your wares or qualifications. >> > >> > >> >> >> -- >> Barrack O. Otieno >> +254721325277 >> +254-20-2498789 >> Skype: barrack.otieno >> http://www.otienobarrack.me.ke/ >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> Unsubscribe or change your options at >> https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldaf… >> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform >> for people and institutions interested and involved in ICT policy and >> regulation. The network aims to act as a catalyst for reform in the ICT >> sector in support of the national aim of ICT enabled growth and >> development. >> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors >> online that you follow in real life: respect people's times and >> bandwidth, >> share knowledge, don't flame or abuse or personalize, respect privacy, do >> not spam, do not market your wares or qualifications. > -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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