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Legislation and Regulation for e-Commerce in Kenya
by Marcel Werner 10 Jul '08

10 Jul '08

Legislation and Regulation for e-Commerce in Kenya Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008 *Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation. Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce. Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills: - Provisions on who can prosecute are missing - Liability of Internet Service Providers must be demarcated - Clarification on which commercial documents are excluded from proposed legislation - Eliminate any ambiguity on admissibility of electronic evidence - Need for data protection and privacy provisions - The Bills are more lenient on e-commerce fraud than on traditional fraud - Remove inconsistencies in determining crimes and punishments - Provisions for the inclusion of cyber-crime within the scope of the Extradition Act - Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya Gains in tourism, agriculture, healthcare Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya. What is e-commerce E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector. About KIF The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat(a)kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation please send any business mail to: Marcel.Werner(a)innovation-africa.or.ke

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Creating edutainment clips with Flip
by Gakiria 10 Jul '08

10 Jul '08

Dear Brian, I know the Wow feeling. i have used the Flip Camera since November 2007 and its amazing how hardy and useful it is.We are now using it to create small educational clips for integration into e-learning courses. Using open source tools, we are able to further reduce the size of the clips (including digital images), ensuring that such courses remain bandwidth shy... Thanks to technology, it becomes ever easier to create local, educationally relevant content without the need for expensive equipment and advanced technical know how. Gakiria Kenya e-Learning Center On 7/7/08, Brian Munyao Longwe <brian(a)caret.net> wrote: > Flipping over Flip > > http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html > > Yesterday I came across the most amazing piece of technology that I > have seen in recent days. > > Gregg Zachary was just back in Nairobi enroute to his home in the USA > and I managed to catch him for a couple of hours of talk. During this > he showed me some videos he had taken in Zambia and Uganda and said > that he had used his "Flip camera". I was like, "what? Flip?" and he > said "I'll show you." > > When I saw the device I almost fell over. Barely the size of a > cigarette pack, this modern day wonder allows the recording of up to > 1 hour of video, stores in in .avi format (YouTube Ready!) on an > internal solid state (Flash) disk and uses simple, everyday AA > batteries. Wow! The most amazing part of all was the price. Gregg > bought his off-the-shelf in the USA before coming out on this trip > for $125 (Kshs. 8,000). > > This amazing little piece of technology has a built-in USB-flash > dongle, which allows you to hook it up to your computer - and the > software for transferring, editing and managing video is right on the > stick! Wacha nikuambie!!!! I believe that this gadget and others like > it is probably going to have a similar impact on the videocam > industry as cellphones had in the telecoms industry. > > According to Business Week and the New York Times Pure Digital, the > startup company behind the Flip cam was able to achieve 20% market > share in the US videocam industry within less than 1 year. > > My head has been spinning with ideas on how this kind of device can > contribute towards the development of local, African content. > > Boy o boy am I excited. I want to try and put several of these into > the hands of people all over Kenya and see what happens.... > > [Brian blogs at http://mashilingi.blogspot.com and http:// > zinjlog.blogspot.com] -- Gakiria Andrew Coordinator Kenya eLearning Centre Nairobi, KENYA

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Re: [kictanet] Creating edutainment clips with Flip
by John Wesonga 08 Jul '08

08 Jul '08

Interesting conversation here, my company Multiple Choices has built a storycollection and sharing portal that's mashed up with Google Maps, this Users can submit SMS content (we have an SMS application integrated to pull content into the portal), audio clips (this is done via a desktop application which can be downloaded and installed both Linux and Windows version available), all the stories are populated onto a google maps. RSS feeds are available for content syndication, user profile creation can be added if needed. Integrating the pictures module from the flip Cameras should not be hard. If anyone is interested I can be reached on john.wesonga(a)multiplechoices.biz. On Tue, Jul 8, 2008 at 6:22 PM, <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 > http://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. Re: Creating edutainment clips with Flip (Kai Wulff) > 2. Re: Creating edutainment clips with Flip (Brian Munyao Longwe) > 3. Re: Creating edutainment clips with Flip (Brian Munyao Longwe) > 4. Re: Creating edutainment clips with Flip (Joseph Manthi) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Tue, 8 Jul 2008 17:19:35 +0300 > From: "Kai Wulff" <kai.wulff(a)kdn.co.ke> > Subject: Re: [kictanet] Creating edutainment clips with Flip > To: "Gakiria" <gakiria(a)gmail.com> > Cc: butterfly(a)kdn.co.ke, KICTAnet ICT Policy Discussions > <kictanet(a)lists.kictanet.or.ke> > Message-ID: <1d9501c8e105$a5d8bcf0$360da8c0(a)local.kdn.co.ke> > Content-Type: text/plain; format=flowed; charset="iso-8859-1"; > reply-type=original > > I am sure we could offer a portal on Butterfly so all people can upload all > the clips to share and promote? Who has ideas? > > Kai > ----- Original Message ----- > From: "Gakiria" <gakiria(a)gmail.com> > To: <kai.wulff(a)kdn.co.ke> > Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > Sent: Tuesday, July 08, 2008 15:56 > Subject: [kictanet] Creating edutainment clips with Flip > > > > Dear Brian, > > > > I know the Wow feeling. i have used the Flip Camera since November > > 2007 and its amazing how hardy and useful it is.We are now using it to > > create small educational clips for integration into e-learning > > courses. Using open source tools, we are able to further reduce the > > size of the clips (including digital images), ensuring that such > > courses remain bandwidth shy... > > > > Thanks to technology, it becomes ever easier to create local, > > educationally relevant content without the need for expensive > > equipment and advanced technical know how. > > > > Gakiria > > Kenya e-Learning Center > > > > > > > > On 7/7/08, Brian Munyao Longwe <brian(a)caret.net> wrote: > >> Flipping over Flip > >> > >> http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html > >> > >> Yesterday I came across the most amazing piece of technology that I > >> have seen in recent days. > >> > >> Gregg Zachary was just back in Nairobi enroute to his home in the USA > >> and I managed to catch him for a couple of hours of talk. During this > >> he showed me some videos he had taken in Zambia and Uganda and said > >> that he had used his "Flip camera". I was like, "what? Flip?" and he > >> said "I'll show you." > >> > >> When I saw the device I almost fell over. Barely the size of a > >> cigarette pack, this modern day wonder allows the recording of up to > >> 1 hour of video, stores in in .avi format (YouTube Ready!) on an > >> internal solid state (Flash) disk and uses simple, everyday AA > >> batteries. Wow! The most amazing part of all was the price. Gregg > >> bought his off-the-shelf in the USA before coming out on this trip > >> for $125 (Kshs. 8,000). > >> > >> This amazing little piece of technology has a built-in USB-flash > >> dongle, which allows you to hook it up to your computer - and the > >> software for transferring, editing and managing video is right on the > >> stick! Wacha nikuambie!!!! I believe that this gadget and others like > >> it is probably going to have a similar impact on the videocam > >> industry as cellphones had in the telecoms industry. > >> > >> According to Business Week and the New York Times Pure Digital, the > >> startup company behind the Flip cam was able to achieve 20% market > >> share in the US videocam industry within less than 1 year. > >> > >> My head has been spinning with ideas on how this kind of device can > >> contribute towards the development of local, African content. > >> > >> Boy o boy am I excited. I want to try and put several of these into > >> the hands of people all over Kenya and see what happens.... > >> > >> [Brian blogs at http://mashilingi.blogspot.com and http:// > >> zinjlog.blogspot.com] > > > > > > -- > > Gakiria Andrew > > Coordinator > > Kenya eLearning Centre > > Nairobi, KENYA > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: kai.wulff(a)kdn.co.ke > > Unsubscribe or change your options at > > > http://lists.kictanet.or.ke/mailman/options/kictanet/kai.wulff%40kdn.co.ke > > > > -- > > This message has been scanned for viruses and > > dangerous content by MailScanner, and is > > believed to be clean. > > > > > > > -- > This message has been scanned for viruses and > dangerous content by MailScanner, and is > believed to be clean. > > > > > ------------------------------ > > Message: 2 > Date: Tue, 8 Jul 2008 17:46:59 +0300 > From: Brian Munyao Longwe <brian(a)caret.net> > Subject: Re: [kictanet] Creating edutainment clips with Flip > To: "Kai Wulff" <kai.wulff(a)kdn.co.ke> > Cc: butterfly(a)kdn.co.ke, KICTAnet ICT Policy Discussions > <kictanet(a)lists.kictanet.or.ke> > Message-ID: <A6F18185-50F4-420A-BB93-27BE25694242(a)caret.net> > Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed > > Good gesture Kai. Would that be a portal that is freely accessible > via the Butterfly network? i.e. anyone within a WiFi zone can click > and upload? > > That would really be a huge benefit. > > We're thinking right now about how to scalably test this out, talking > to a few friends to see if we can get hold of several of these gizmos > - then let's see what happens > > I would love to see some primary school kids content, high school > kids content, university kids content, jua-kali content, entrepreneur > content etc..... > > Brian > > > On Jul 8, 2008, at 5:19 PM, Kai Wulff wrote: > > > I am sure we could offer a portal on Butterfly so all people can > > upload all > > the clips to share and promote? Who has ideas? > > > > Kai > > ----- Original Message ----- > > From: "Gakiria" <gakiria(a)gmail.com> > > To: <kai.wulff(a)kdn.co.ke> > > Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > > Sent: Tuesday, July 08, 2008 15:56 > > Subject: [kictanet] Creating edutainment clips with Flip > > > > > >> Dear Brian, > >> > >> I know the Wow feeling. i have used the Flip Camera since November > >> 2007 and its amazing how hardy and useful it is.We are now using > >> it to > >> create small educational clips for integration into e-learning > >> courses. Using open source tools, we are able to further reduce the > >> size of the clips (including digital images), ensuring that such > >> courses remain bandwidth shy... > >> > >> Thanks to technology, it becomes ever easier to create local, > >> educationally relevant content without the need for expensive > >> equipment and advanced technical know how. > >> > >> Gakiria > >> Kenya e-Learning Center > >> > >> > >> > >> On 7/7/08, Brian Munyao Longwe <brian(a)caret.net> wrote: > >>> Flipping over Flip > >>> > >>> http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html > >>> > >>> Yesterday I came across the most amazing piece of technology that I > >>> have seen in recent days. > >>> > >>> Gregg Zachary was just back in Nairobi enroute to his home in the > >>> USA > >>> and I managed to catch him for a couple of hours of talk. During > >>> this > >>> he showed me some videos he had taken in Zambia and Uganda and said > >>> that he had used his "Flip camera". I was like, "what? Flip?" and he > >>> said "I'll show you." > >>> > >>> When I saw the device I almost fell over. Barely the size of a > >>> cigarette pack, this modern day wonder allows the recording of up to > >>> 1 hour of video, stores in in .avi format (YouTube Ready!) on an > >>> internal solid state (Flash) disk and uses simple, everyday AA > >>> batteries. Wow! The most amazing part of all was the price. Gregg > >>> bought his off-the-shelf in the USA before coming out on this trip > >>> for $125 (Kshs. 8,000). > >>> > >>> This amazing little piece of technology has a built-in USB-flash > >>> dongle, which allows you to hook it up to your computer - and the > >>> software for transferring, editing and managing video is right on > >>> the > >>> stick! Wacha nikuambie!!!! I believe that this gadget and others > >>> like > >>> it is probably going to have a similar impact on the videocam > >>> industry as cellphones had in the telecoms industry. > >>> > >>> According to Business Week and the New York Times Pure Digital, the > >>> startup company behind the Flip cam was able to achieve 20% market > >>> share in the US videocam industry within less than 1 year. > >>> > >>> My head has been spinning with ideas on how this kind of device can > >>> contribute towards the development of local, African content. > >>> > >>> Boy o boy am I excited. I want to try and put several of these into > >>> the hands of people all over Kenya and see what happens.... > >>> > >>> [Brian blogs at http://mashilingi.blogspot.com and http:// > >>> zinjlog.blogspot.com] > >> > >> > >> -- > >> Gakiria Andrew > >> Coordinator > >> Kenya eLearning Centre > >> Nairobi, KENYA > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> This message was sent to: kai.wulff(a)kdn.co.ke > >> Unsubscribe or change your options at > >> http://lists.kictanet.or.ke/mailman/options/kictanet/kai.wulff% > >> 40kdn.co.ke > >> > >> -- > >> This message has been scanned for viruses and > >> dangerous content by MailScanner, and is > >> believed to be clean. > >> > >> > > > > > > -- > > This message has been scanned for viruses and > > dangerous content by MailScanner, and is > > believed to be clean. > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: brian(a)caret.net > > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > > mailman/options/kictanet/brian%40caret.net > > > > > ------------------------------ > > Message: 3 > Date: Tue, 8 Jul 2008 17:48:44 +0300 > From: Brian Munyao Longwe <brian(a)caret.net> > Subject: Re: [kictanet] Creating edutainment clips with Flip > To: Gakiria <gakiria(a)gmail.com> > Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Message-ID: <513FB437-7B87-4C44-AFDD-EE63AA0D2B92(a)caret.net> > Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed > > Incredible! This is really great. Are your clips 'open source' ;-) > i.e. free? > > Do you have them online so that we can take a peek? > > Brian > > On Jul 8, 2008, at 3:56 PM, Gakiria wrote: > > > Dear Brian, > > > > I know the Wow feeling. i have used the Flip Camera since November > > 2007 and its amazing how hardy and useful it is.We are now using it to > > create small educational clips for integration into e-learning > > courses. Using open source tools, we are able to further reduce the > > size of the clips (including digital images), ensuring that such > > courses remain bandwidth shy... > > > > Thanks to technology, it becomes ever easier to create local, > > educationally relevant content without the need for expensive > > equipment and advanced technical know how. > > > > Gakiria > > Kenya e-Learning Center > > > > > > > > On 7/7/08, Brian Munyao Longwe <brian(a)caret.net> wrote: > >> Flipping over Flip > >> > >> http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html > >> > >> Yesterday I came across the most amazing piece of technology that I > >> have seen in recent days. > >> > >> Gregg Zachary was just back in Nairobi enroute to his home in the USA > >> and I managed to catch him for a couple of hours of talk. During this > >> he showed me some videos he had taken in Zambia and Uganda and said > >> that he had used his "Flip camera". I was like, "what? Flip?" and he > >> said "I'll show you." > >> > >> When I saw the device I almost fell over. Barely the size of a > >> cigarette pack, this modern day wonder allows the recording of up to > >> 1 hour of video, stores in in .avi format (YouTube Ready!) on an > >> internal solid state (Flash) disk and uses simple, everyday AA > >> batteries. Wow! The most amazing part of all was the price. Gregg > >> bought his off-the-shelf in the USA before coming out on this trip > >> for $125 (Kshs. 8,000). > >> > >> This amazing little piece of technology has a built-in USB-flash > >> dongle, which allows you to hook it up to your computer - and the > >> software for transferring, editing and managing video is right on the > >> stick! Wacha nikuambie!!!! I believe that this gadget and others like > >> it is probably going to have a similar impact on the videocam > >> industry as cellphones had in the telecoms industry. > >> > >> According to Business Week and the New York Times Pure Digital, the > >> startup company behind the Flip cam was able to achieve 20% market > >> share in the US videocam industry within less than 1 year. > >> > >> My head has been spinning with ideas on how this kind of device can > >> contribute towards the development of local, African content. > >> > >> Boy o boy am I excited. I want to try and put several of these into > >> the hands of people all over Kenya and see what happens.... > >> > >> [Brian blogs at http://mashilingi.blogspot.com and http:// > >> zinjlog.blogspot.com] > > > > > > -- > > Gakiria Andrew > > Coordinator > > Kenya eLearning Centre > > Nairobi, KENYA > > > > > ------------------------------ > > Message: 4 > Date: Tue, 8 Jul 2008 11:26:10 -0400 > From: "Joseph Manthi" <jmanthi(a)gmail.com> > Subject: Re: [kictanet] Creating edutainment clips with Flip > To: "Brian Munyao Longwe" <brian(a)caret.net> > Cc: butterfly(a)kdn.co.ke, KICTAnet ICT Policy Discussions > <kictanet(a)lists.kictanet.or.ke> > Message-ID: > <896f69760807080826i1202669dq38e40cc51c0942e(a)mail.gmail.com> > Content-Type: text/plain; charset="iso-8859-1" > > Brian > I would encourage you to visit the following site to see Flip capabilities: > > http://www.theflip.com/ > > Joe > > On Tue, Jul 8, 2008 at 10:46 AM, Brian Munyao Longwe <brian(a)caret.net> > wrote: > > > Good gesture Kai. Would that be a portal that is freely accessible > > via the Butterfly network? i.e. anyone within a WiFi zone can click > > and upload? > > > > That would really be a huge benefit. > > > > We're thinking right now about how to scalably test this out, talking > > to a few friends to see if we can get hold of several of these gizmos > > - then let's see what happens > > > > I would love to see some primary school kids content, high school > > kids content, university kids content, jua-kali content, entrepreneur > > content etc..... > > > > Brian > > > > > > On Jul 8, 2008, at 5:19 PM, Kai Wulff wrote: > > > > > I am sure we could offer a portal on Butterfly so all people can > > > upload all > > > the clips to share and promote? Who has ideas? > > > > > > Kai > > > ----- Original Message ----- > > > From: "Gakiria" <gakiria(a)gmail.com> > > > To: <kai.wulff(a)kdn.co.ke> > > > Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > > > Sent: Tuesday, July 08, 2008 15:56 > > > Subject: [kictanet] Creating edutainment clips with Flip > > > > > > > > >> Dear Brian, > > >> > > >> I know the Wow feeling. i have used the Flip Camera since November > > >> 2007 and its amazing how hardy and useful it is.We are now using > > >> it to > > >> create small educational clips for integration into e-learning > > >> courses. Using open source tools, we are able to further reduce the > > >> size of the clips (including digital images), ensuring that such > > >> courses remain bandwidth shy... > > >> > > >> Thanks to technology, it becomes ever easier to create local, > > >> educationally relevant content without the need for expensive > > >> equipment and advanced technical know how. > > >> > > >> Gakiria > > >> Kenya e-Learning Center > > >> > > >> > > >> > > >> On 7/7/08, Brian Munyao Longwe <brian(a)caret.net> wrote: > > >>> Flipping over Flip > > >>> > > >>> http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html > > >>> > > >>> Yesterday I came across the most amazing piece of technology that I > > >>> have seen in recent days. > > >>> > > >>> Gregg Zachary was just back in Nairobi enroute to his home in the > > >>> USA > > >>> and I managed to catch him for a couple of hours of talk. During > > >>> this > > >>> he showed me some videos he had taken in Zambia and Uganda and said > > >>> that he had used his "Flip camera". I was like, "what? Flip?" and he > > >>> said "I'll show you." > > >>> > > >>> When I saw the device I almost fell over. Barely the size of a > > >>> cigarette pack, this modern day wonder allows the recording of up to > > >>> 1 hour of video, stores in in .avi format (YouTube Ready!) on an > > >>> internal solid state (Flash) disk and uses simple, everyday AA > > >>> batteries. Wow! The most amazing part of all was the price. Gregg > > >>> bought his off-the-shelf in the USA before coming out on this trip > > >>> for $125 (Kshs. 8,000). > > >>> > > >>> This amazing little piece of technology has a built-in USB-flash > > >>> dongle, which allows you to hook it up to your computer - and the > > >>> software for transferring, editing and managing video is right on > > >>> the > > >>> stick! Wacha nikuambie!!!! I believe that this gadget and others > > >>> like > > >>> it is probably going to have a similar impact on the videocam > > >>> industry as cellphones had in the telecoms industry. > > >>> > > >>> According to Business Week and the New York Times Pure Digital, the > > >>> startup company behind the Flip cam was able to achieve 20% market > > >>> share in the US videocam industry within less than 1 year. > > >>> > > >>> My head has been spinning with ideas on how this kind of device can > > >>> contribute towards the development of local, African content. > > >>> > > >>> Boy o boy am I excited. I want to try and put several of these into > > >>> the hands of people all over Kenya and see what happens.... > > >>> > > >>> [Brian blogs at http://mashilingi.blogspot.com and http:// > > >>> zinjlog.blogspot.com] > > >> > > >> > > >> -- > > >> Gakiria Andrew > > >> Coordinator > > >> Kenya eLearning Centre > > >> Nairobi, KENYA > > >> > > >> _______________________________________________ > > >> kictanet mailing list > > >> kictanet(a)lists.kictanet.or.ke > > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > >> > > >> This message was sent to: kai.wulff(a)kdn.co.ke > > >> Unsubscribe or change your options at > > >> http://lists.kictanet.or.ke/mailman/options/kictanet/kai.wulff% > > >> 40kdn.co.ke > > >> > > >> -- > > >> This message has been scanned for viruses and > > >> dangerous content by MailScanner, and is > > >> believed to be clean. > > >> > > >> > > > > > > > > > -- > > > This message has been scanned for viruses and > > > dangerous content by MailScanner, and is > > > believed to be clean. > > > > > > > > > _______________________________________________ > > > kictanet mailing list > > > kictanet(a)lists.kictanet.or.ke > > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > > > This message was sent to: brian(a)caret.net > > > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > > > mailman/options/kictanet/brian%40caret.net > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: jmanthi(a)gmail.com > > Unsubscribe or change your options at > > http://lists.kictanet.or.ke/mailman/options/kictanet/jmanthi%40gmail.com > > > > > > -- > Joseph Manthi > CEO > MEO Ltd > http://www.meoltd.com >

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Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
by Joseph Manthi 08 Jul '08

08 Jul '08

So your solution is to regulate - also known as control - ICT? On Tue, Jul 8, 2008 at 3:57 AM, saidimu apale <saidimu(a)gmail.com> wrote: > > But ICT is not medicine, and no life is at stake here... > > You must be joking! Have you heard of medical systems controlled by > software? Air-traffic control systems? Airplane navigation systems? > Banking systems? Traffic-light systems? The microwave you use at home? > That little gadget that you depend on some much - the mobile phone? > > No life at stake? > > Have an informative day. > > Saidi > > On Mon, Jul 7, 2008 at 8:43 PM, Joseph Manthi <jmanthi(a)gmail.com> wrote: > > Brian and Waudi: > > But ICT is not medicine, and no life is at stake here even though the > > medical and chemical practitioners - read chemists - would want us to > > believe it is so. Why do we want to suffocate the baby before it is born? > > > > If Kenya wants to compete with India and other countries in ICT, I urge > you > > guys to leave the industry alone. This is akin to what CCK is doing to > the > > telecommunications industry. They want to license people who can connect > > cables. How much knowledge does one need to connect an RJ45 cable to a > PC? > > Likewise do we need to license PHP programmers? Will this give us the > sense > > of security that we have the best programmers working today just because > > they have a license saying so? Need I dwell on my experience hiring MS > > licensed engineers and what I think about those MSCEs etc? > > > > My teachers used to say "think twice before you leap". This is a case > where > > this adage needs to be heeded. There is the concept of collateral damage > and > > an intended consequences. Please contemplate those. > > > > Joe > > > > On Mon, Jul 7, 2008 at 1:19 PM, Brian Munyao Longwe <blongwe(a)gmail.com> > > wrote: > >> > >> Very correct Waudi. That's why we have Paediatrics Association, a > >> Pyschiatrics Association, a Dental Board, an Obstetrics Society. You > >> have gotten the point clearly. > >> > >> Asante sana! > >> > >> B > >> > >> Sent from my iPhone > >> > >> On 07 Jul 2008, at 7:54 PM, "waudo siganga" <emailsignet(a)mailcan.com> > >> wrote: > >> > >> > Brian - I do not know what you are saying. The medical field, as > >> > another > >> > example, is wide and diverse - we have heart surgeons, ENT > >> > specialists, > >> > paeditricians, general practitioners, gynacologists, etc, etc. Are > >> > these > >> > people the same? Would you go to a gynacologist to solve your eye > >> > ailment? OK, let us forget about regulating or registering doctors. To > >> > wide, large and deep. > >> > > >> > Waudo > >> > On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe(a)gmail.com> > >> > said: > >> >> Hi Walu, > >> >> > >> >> I beg to differ. ICT is too large, too deep and too wide to have a > >> >> single, authoritative, representative body. What you refer to would > >> >> probably be more appropriate to some of the professional disciplines > >> >> within the ICT sector e.g. Software Developers Guild, System > >> >> Administrators Association, CIO/CTO Society - within which there can > >> >> be certain codes of behavior, ethics, values, best practices etc... > >> >> > >> >> I would venture to suggest that ICT is very similar to the auto > >> >> industry - which is made up of so many different types of > >> >> stakeholders > >> >> (from multi-national vendors like GM to Owino my jua-kali fundi and a > >> >> plethora of linkages across insurance, finance, property, transport > >> >> etc...) > >> >> > >> >> Not that I intend to put your suggestions down - but to request a > >> >> slightly broader view of the animal called ICT. > >> >> > >> >> To illustrate this point I will wax poetic and share with you the > >> >> following poem by John Godfrey Saxe ( 1816-1887) > >> >> > >> >> The Blind men and the Elephant > >> >> > >> >> It was six men of Indostan > >> >> To learning much inclined, > >> >> Who went to see the Elephant > >> >> (Though all of them were blind), > >> >> That each by observation > >> >> Might satisfy his mind. > >> >> > >> >> The First approach'd the Elephant, > >> >> And happening to fall > >> >> Against his broad and sturdy side, > >> >> At once began to bawl: > >> >> "God bless me! but the Elephant > >> >> Is very like a wall!" > >> >> > >> >> The Second, feeling of the tusk, > >> >> Cried, -"Ho! what have we here > >> >> So very round and smooth and sharp? > >> >> To me 'tis mighty clear > >> >> This wonder of an Elephant > >> >> Is very like a spear!" > >> >> > >> >> The Third approached the animal, > >> >> And happening to take > >> >> The squirming trunk within his hands, > >> >> Thus boldly up and spake: > >> >> "I see," quoth he, "the Elephant > >> >> Is very like a snake!" > >> >> > >> >> The Fourth reached out his eager hand, > >> >> And felt about the knee. > >> >> "What most this wondrous beast is like > >> >> Is mighty plain," quoth he, > >> >> "'Tis clear enough the Elephant > >> >> Is very like a tree!" > >> >> > >> >> The Fifth, who chanced to touch the ear, > >> >> Said: "E'en the blindest man > >> >> Can tell what this resembles most; > >> >> Deny the fact who can, > >> >> This marvel of an Elephant > >> >> Is very like a fan!" > >> >> > >> >> The Sixth no sooner had begun > >> >> About the beast to grope, > >> >> Then, seizing on the swinging tail > >> >> That fell within his scope, > >> >> "I see," quoth he, "the Elephant > >> >> Is very like a rope!" > >> >> > >> >> And so these men of Indostan > >> >> Disputed loud and long, > >> >> Each in his own opinion > >> >> Exceeding stiff and strong, > >> >> Though each was partly in the right, > >> >> And all were in the wrong! > >> >> > >> >> MORAL. > >> >> > >> >> So oft in theologic wars, > >> >> The disputants, I ween, > >> >> Rail on in utter ignorance > >> >> Of what each other mean, > >> >> And prate about an Elephant > >> >> Not one of them has seen! > >> >> > >> >> Sent from my iPhone > >> >> > >> >> On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu(a)yahoo.com> wrote: > >> >> > >> >>> Marcel, > >> >>> > >> >>> It looks like quite some work has been ongoing in this > >> >>> area...unfortunately it seems as if it was restricted within KIF > >> >>> only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) > >> >>> or Information Security Audit & Control (ISACA-Kenya Chapter) just > >> >>> to mention some of the big IT Associations in Kenya were involved. I > >> >>> beg to be enlightened. > >> >>> > >> >>> This brings in an old question - who really represents the IT > >> >>> Profession in Kenya? Shem has been on record as saying that IT is > >> >>> the only discipline where we seem to lack bodies with the same > >> >>> authority as LSK (Law Society of Kenya), IEK (Institute of Engineers > >> >>> of Kenya), Medical Practictioners Board amongst others to regulate > >> >>> the IT Profession. > >> >>> > >> >>> And by the way, KICTAnet does not fit the bill either (and has a > >> >>> different objective anyway). But time has come to really start > >> >>> thinking of regulating the IT profession, even as we struggle to > >> >>> regulate the industry...Ideally, CSK should take the lead on this, > >> >>> but they have been awfully quite except when they award prizes at > >> >>> the end of the year (Waudo I know u will kill me offline but I just > >> >>> had to say it!). > >> >>> > >> >>> KEPSA? very reputable and effective particularly in the > >> >>> Manufacturing sector but on IT? am not sure they have been as > >> >>> effective - particularly because the link between KEPSA/KIF and the > >> >>> IT industry has been 'cloudy' for lack of a better word...Can for > >> >>> example CSK or ISACA be part of KEPSA without being part of KIF? I > >> >>> again need to be enlightened. > >> >>> > >> >>> O.K. I agree I did digress, but just thinking loudly and saying that > >> >>> as we think of regulating electronic transactions, we also need to > >> >>> simultaneously start regulating the IT profession..but maybe I am > >> >>> wrong. Particularly because regulation can and often leads to > >> >>> suppression... > >> >>> > >> >>> walu. > >> >>> --- On Sun, 7/6/08, Marcel Werner <marcelcwerner(a)gmail.com> wrote: > >> >>> > >> >>>> From: Marcel Werner <marcelcwerner(a)gmail.com> > >> >>>> Subject: [kictanet] Legislation and Regulation for e-Commerce in > >> >>>> Kenya > >> >>>> To: jwalu(a)yahoo.com > >> >>>> Cc: secretariat(a)kif.or.ke, "KICTAnet ICT Policy Discussions" > >> >>>> <kictanet(a)lists.kictanet.or.ke > >> >>>>> > >> >>>> Date: Sunday, July 6, 2008, 6:43 PM > >> >>>> Legislation and Regulation for e-Commerce in Kenya > >> >>>> > >> >>>> Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - > >> >>>> Public Panel 19 > >> >>>> June 2008 > >> >>>> > >> >>>> *Electronic commerce (e-commerce) will add at least one > >> >>>> percent point growth > >> >>>> to Kenya's overall economic growth within five years. > >> >>>> This is contingent > >> >>>> upon the adoption of legislation that supports electronic > >> >>>> transactions. *Kenya, > >> >>>> as an emerging economy and regional leader, lags behind in > >> >>>> having a legal > >> >>>> framework for e-commerce in place. The current situation is > >> >>>> an anachronism > >> >>>> hampering national development, placing provincial centres > >> >>>> at a > >> >>>> disadvantage, and harming global competitiveness. Both > >> >>>> external and internal > >> >>>> trade require the new framework.The Kenyan private sector > >> >>>> strongly supports > >> >>>> e-commerce legislation, as well as legislation of the > >> >>>> Information and > >> >>>> Communication Technology sector that guarantees an open > >> >>>> market and promotes > >> >>>> innovation. > >> >>>> > >> >>>> Why e-commerce law? Today, legislation supporting > >> >>>> electronic transactions > >> >>>> represents the single most powerful innovation opportunity > >> >>>> in the legal > >> >>>> framework of the ICT sector. Legislation is needed to: > >> >>>> -Legalize e-commerce transactions by recognizing an > >> >>>> electronic signature > >> >>>> -Manage and control e-commerce risks > >> >>>> -Remove e-commerce barriers > >> >>>> KIF has studied drafts currently circulating in the public > >> >>>> domain, the > >> >>>> Information and Communications Bill, 2008, and the > >> >>>> Electronic Transactions > >> >>>> Bill, 2007, respectively, both of which are of the highest > >> >>>> technical > >> >>>> standards. Public panels and hearings with sectors of the > >> >>>> economy (including > >> >>>> tourism, agriculture, ICT) have been held on 6th and 27th > >> >>>> May, 4th June and > >> >>>> 19th June. The Kenyan private sector has expressed > >> >>>> overwhelming support for > >> >>>> urgent legislation of e-commerce. > >> >>>> > >> >>>> Suggested improvements in Bills - The public panels and > >> >>>> hearings to date > >> >>>> have yielded the following important issues for improvement > >> >>>> in the current > >> >>>> Bills: > >> >>>> > >> >>>> - Provisions on who can prosecute are missing > >> >>>> > >> >>>> - Liability of Internet Service Providers must be > >> >>>> demarcated > >> >>>> > >> >>>> - Clarification on which commercial documents are > >> >>>> excluded from > >> >>>> proposed legislation > >> >>>> > >> >>>> - Eliminate any ambiguity on admissibility of > >> >>>> electronic evidence > >> >>>> > >> >>>> - Need for data protection and privacy provisions > >> >>>> > >> >>>> - The Bills are more lenient on e-commerce fraud > >> >>>> than on > >> >>>> traditional fraud > >> >>>> > >> >>>> - Remove inconsistencies in determining crimes and > >> >>>> punishments > >> >>>> > >> >>>> - Provisions for the inclusion of cyber-crime > >> >>>> within the scope of > >> >>>> the Extradition Act > >> >>>> > >> >>>> - Creation of an Administrator for e-commerce laws > >> >>>> whose functions > >> >>>> will be policy implementation and advisory, as a > >> >>>> multi-sectoral body with > >> >>>> industry associations including KIF, lead regulator > >> >>>> Communications > >> >>>> Commission of Kenya and co-regulator Central Bank of Kenya > >> >>>> > >> >>>> Gains in tourism, agriculture, healthcare > >> >>>> > >> >>>> Industry sectors, notably the tourism industry, are > >> >>>> expressing their desire > >> >>>> to see e-commerce covered by law. In tourism, on-line > >> >>>> travel bookings have > >> >>>> exceeded 80% in the USA and 50% in Europe. Decline in > >> >>>> off-line bookings is > >> >>>> in ample evidence. Those destinations that cannot legally > >> >>>> support abundant > >> >>>> on-line booking, such as Kenya, will loose market share. > >> >>>> E-commerce in > >> >>>> agriculture will improve small-holder's living > >> >>>> standards. Great impact is > >> >>>> expected notably in the coffee sector that provides > >> >>>> livelihood to at least 5 > >> >>>> million Kenyans, as well as in the dairy industry. > >> >>>> Healthcare efficiency and > >> >>>> affordability will improve by on-line health data > >> >>>> management systems. > >> >>>> Business operators in rural towns and rural centres have > >> >>>> also expressed keen > >> >>>> interest, as they see scope to address issues of trade > >> >>>> efficiency and > >> >>>> security in rural Kenya. > >> >>>> > >> >>>> What is e-commerce > >> >>>> > >> >>>> E-commerce is a method of trading that replaces paper-based > >> >>>> documentation by > >> >>>> a mutually binding electronic protocol between buyers and > >> >>>> sellers. > >> >>>> E-commerce is gaining ground globally and has become an > >> >>>> irreversible trend. > >> >>>> Many trading partners are already practicing e-commerce, by > >> >>>> mutual > >> >>>> agreement, also in Kenya. However, e-commerce will reach > >> >>>> its full potential > >> >>>> when parties that do not know each other are able to trade > >> >>>> with full mutual > >> >>>> protection under the law. This will benefit large numbers > >> >>>> of consumers and > >> >>>> businesses, including small-holder farmers, tourism > >> >>>> operators, small-scale > >> >>>> industry and services providers in almost any business > >> >>>> sector. > >> >>>> > >> >>>> About KIF > >> >>>> > >> >>>> The Kenya Information and Communication Technology > >> >>>> Federation (KIF) > >> >>>> represents the ICT industry with Government and with > >> >>>> private sector bodies > >> >>>> e.g. Kenya Association of Manufacturers and Kenya Private > >> >>>> Sector Alliance > >> >>>> KEPSA <http://www.kepsa.org/>. KIF is a legally > >> >>>> registered membership based > >> >>>> Association, made up of trade associations and professional > >> >>>> bodies within > >> >>>> the national ICT industry, as well as commercial > >> >>>> corporations. KIF has been > >> >>>> accepted as the private sector voice of ICT by Government. > >> >>>> KIF contributes > >> >>>> ideas to key sectors like healthcare, education, > >> >>>> agriculture, construction > >> >>>> industry, and last but not least supports e-government > >> >>>> development. KIF is a > >> >>>> membership-driven organisation. Members bring issues on > >> >>>> public policy and > >> >>>> industry development forward for KIF to take action. Issues > >> >>>> include: > >> >>>> innovation promotion, education improvement, duties, taxes > >> >>>> and levies, rural > >> >>>> ICT investment. KIF has a strong and active network, with > >> >>>> excellent > >> >>>> relationships with all government agencies. KIF membership > >> >>>> is open for > >> >>>> market segment associations and individual companies. > >> >>>> Membership charges are > >> >>>> annual and based on company size. Contact: > >> >>>> secretariat(a)kif.or.ke, 020 > >> >>>> 4440102 > >> >>>> MARCEL WERNER, Chairman, Kenya ICT Federation > >> >>>> > >> >>>> please send any business mail to: > >> >>>> > >> >>>> > Marcel.Werner@innovation-africa.or.ke_______________________________________________ > >> >>>> kictanet mailing list > >> >>>> kictanet(a)lists.kictanet.or.ke > >> >>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> >>>> > >> >>>> This message was sent to: jwalu(a)yahoo.com > >> >>>> Unsubscribe or change your options at > >> >>>> http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu% > >> >>>> 40yahoo.com > >> >>> > >> >>> > >> >>> > >> >>> > >> >>> _______________________________________________ > >> >>> kictanet mailing list > >> >>> kictanet(a)lists.kictanet.or.ke > >> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> >>> > >> >>> This message was sent to: blongwe(a)gmail.com > >> >>> Unsubscribe or change your options at > >> >>> > http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com > >> >> > >> >> _______________________________________________ > >> >> kictanet mailing list > >> >> kictanet(a)lists.kictanet.or.ke > >> >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> >> > >> >> This message was sent to: emailsignet(a)mailcan.com > >> >> Unsubscribe or change your options at > >> >> > >> >> > http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.… > >> > People make a plan work, a plan alone seldom makes people work > >> > (Confucius). > >> > > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> This message was sent to: jmanthi(a)gmail.com > >> Unsubscribe or change your options at > >> > http://lists.kictanet.or.ke/mailman/options/kictanet/jmanthi%40gmail.com > > > > > > > > -- > > Joseph Manthi > > CEO > > MEO Ltd > > http://www.meoltd.com > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: saidimu(a)gmail.com > > Unsubscribe or change your options at > > http://lists.kictanet.or.ke/mailman/options/kictanet/saidimu%40gmail.com > > > > > -- Joseph Manthi CEO MEO Ltd http://www.meoltd.com

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Legislation and Regulation for e-Commerce in Kenya
by Harry Hare 08 Jul '08

08 Jul '08

Dear Marcel, Good review of the proposed bills. I happen to have participated in the preparation of the Draft e-Transaction Bill and would like to respond to some of the concerns in my own capacity as a Kenyan citizen. Another caveat is that apart from attending a one week course on legal aspects of e-Commerce, law is a stranger in my being. See my responses to the specific issues the analysis raises below: Harry 1. Provisions on who can prosecute are missing This is actually covered in Schedule C, under the investigations of offenses section and article 21 gives the commissioner of police the authority to prosecute. Under the same section, there is a proposal to constitute special investigation unit on cyber crime. 2. Liability of Internet Service Providers must be demarcated You may want to be abit elaborate on this. Part IV of the proposed bill tries to indemnify service providers from third party felonies. Would you prefer for instance that we have data providers and internet service providers as separate have separate limitations? 3. Clarification on which commercial documents are excluded from proposed legislation In the initial drafts of the proposed law, the documents had been listed as title deeds, bearer bonds and letter of credit; this is actually best practise as proposed by the UNCITRAL models laws on e-commerce. The concept tries not to cover documents that can be exchanged for cash/service or goods. 4. Eliminate any ambiguity on admissibility of electronic evidence The question of admissibility of electronic evidence is covered very well in Schedule B which has proposed amendments to the Evidence Act. I do not see any ambiguity in this section unless you can point out something specific. 5. Need for data protection and privacy provisions Articles 31-34 of the proposed bill covers protection of private information. Is this insufficient? 6. The Bills are more lenient on e-commerce fraud than on traditional fraud Might need some research on this. 7. Remove inconsistencies in determining crimes and punishments I tend to agree with the analysis here...for instance spamming the proposed fine is 200,000 and spoofing the proposed fine is 2m. May need some reworking in line with the weight of the offence. 8. Provisions for the inclusion of cyber-crime within the scope of the Extradition Act The bill proposes that the clause "all the crimes mentioned in the Electronic Transactions Bill 2007", this clause enough to amend the Extradition Act to include the crimes that have been identified in the proposed bill. 9. Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associationsincluding KIF, lead regulator communications Commission of Kenya and co-regulator Central Bank of Kenya We belaboured on this and initially came up with a proposal to have a multi-stakeholder agency, akin to KENIC, to administer the act but after long discussions and consultations, the team was unable to come out as boldly as you did for several reasons. i) We were aware of the fact that proposing the creation of a new body has some budgetary implications and therefore would slow down the process of enacting the law. ii) The Bill was developed towards the end of last year, the mood at that time was that anything that went to parliament had the risk of being politicised and therefore aligning the bill to specific institutions was suicidal From: kictanet-bounces+harry=africanedevelopment.org(a)lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of Marcel Werner Sent: 06 July 2008 17:44 To: harry(a)africanedevelopment.org Cc: secretariat(a)kif.or.ke; KICTAnet ICT Policy Discussions Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya Legislation and Regulation for e-Commerce in Kenya Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008 Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation. Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce. Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills: - Provisions on who can prosecute are missing - Liability of Internet Service Providers must be demarcated - Clarification on which commercial documents are excluded from proposed legislation - Eliminate any ambiguity on admissibility of electronic evidence - Need for data protection and privacy provisions - The Bills are more lenient on e-commerce fraud than on traditional fraud - Remove inconsistencies in determining crimes and punishments - Provisions for the inclusion of cyber-crime within the scope of the Extradition Act - Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya Gains in tourism, agriculture, healthcare Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya. What is e-commerce E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector. About KIF The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance <http://www.kepsa.org/> KEPSA. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat(a)kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation please send any business mail to: Marcel.Werner(a)innovation-africa.or.ke No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.135 / Virus Database: 270.4.5/1536 - Release Date: 05/07/2008 10:15

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Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
by Kevit Desai 08 Jul '08

08 Jul '08

Hi Alex, KEPSA (info(a)kepsa.or.ke) private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman. KIF (secretariat(a)kif.or.ke) membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman. Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF. Director of Engineering - Centurion Systems Ltd Chairperson IEEE - Kenya Section Chairperson - Engineering Students Exhibition Governor - KEPSA Director - KEPSA Director - Innovation Africa Director- Kenya ICT Board Vice Chairman - Kenya ICT Federation BOA - AIESEC Member - National Strategy for University Education Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya General Co-Chair - Africon 2009 2nd Fl, New Rehema Hse, Raphta Rd, Westlands -Nairobi P.O. BOX 66031 - 00800 Nrb. Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750 Mobile: +254 722 517067 http://www.centurionsystemsltd.com http://www.ieee.org http://www.engineeringexhibition.co.ke http://www.innovation-africa.net http://www.kepsa.or.ke http://www.powerup.co.ke http://www.aiesec.org http://www.africon2007.co.za http://www.kif.or.ke htpp://www.ict.go.ke http://www.globalcompact.org http://www.undp.org/business/gsb -----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat(a)kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit(a)centurionsystemsltd.com> said: > Hi Walu, > Associations are welcome to be members of KEPSA. I would like to confirm > that the KEPSA/KIF relationship is vibrant. We would like to do a lot > more > and welcome more support. > We appreciate Waudo's contributions at our last ministerial stakeholder > forum. > Collaboration is the way forward. > > Kevit Desai > KEPSA Director > > > -----Original Message----- > From: kictanet-bounces+kevit=centurionsystemsltd.com(a)lists.kictanet.or.ke > [mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke] > On Behalf Of waudo siganga > Sent: 07 July 2008 19:02 > To: kevit(a)centurionsystemsltd.com > Cc: secretariat(a)kif.or.ke; KICTAnet ICT Policy Discussions > Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in > Kenya > > Hi Walu - I am catching you loud and clear on GPRS somewhere in the > bush. I did bring out the issue of regulating the IT (or ICT) Profession > on this list a few months ago. But the rather unenthusiastic response I > got gave me the sense that possibly this was not the correct list since > many of the subscribers appear just interested in ICT Policy rather than > being actual IT Experts. Within the next two weeks there will be another > list for professionals and you will be informed (you have the > qualifications, don't you??). We are pushing for a registration board > like thise done last yeaer for nutritionists and Procurement > Practitioners. There is a lot of work going on unheralded. All we need > is a champion or chanpions in the right place. > Waudo > > > On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" > <jwalu(a)yahoo.com> said: > > Marcel, > > > > It looks like quite some work has been ongoing in this > > area...unfortunately it seems as if it was restricted within KIF only? I > > wonder if Computer Society of Kenya (CSK, Waudo r u there?) or > > Information Security Audit & Control (ISACA-Kenya Chapter) just to > > mention some of the big IT Associations in Kenya were involved. I beg to > > be enlightened. > > > > This brings in an old question - who really represents the IT Profession > > in Kenya? Shem has been on record as saying that IT is the only > > discipline where we seem to lack bodies with the same authority as LSK > > (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical > > Practictioners Board amongst others to regulate the IT Profession. > > > > And by the way, KICTAnet does not fit the bill either (and has a > > different objective anyway). But time has come to really start thinking > > of regulating the IT profession, even as we struggle to regulate the > > industry...Ideally, CSK should take the lead on this, but they have been > > awfully quite except when they award prizes at the end of the year (Waudo > > I know u will kill me offline but I just had to say it!). > > > > KEPSA? very reputable and effective particularly in the Manufacturing > > sector but on IT? am not sure they have been as effective - particularly > > because the link between KEPSA/KIF and the IT industry has been 'cloudy' > > for lack of a better word...Can for example CSK or ISACA be part of > > KEPSA without being part of KIF? I again need to be enlightened. > > > > O.K. I agree I did digress, but just thinking loudly and saying that as > > we think of regulating electronic transactions, we also need to > > simultaneously start regulating the IT profession..but maybe I am wrong. > > Particularly because regulation can and often leads to suppression... > > > > walu. > > --- On Sun, 7/6/08, Marcel Werner <marcelcwerner(a)gmail.com> wrote: > > > > > From: Marcel Werner <marcelcwerner(a)gmail.com> > > > Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya > > > To: jwalu(a)yahoo.com > > > Cc: secretariat(a)kif.or.ke, "KICTAnet ICT Policy Discussions" > <kictanet(a)lists.kictanet.or.ke> > > > Date: Sunday, July 6, 2008, 6:43 PM > > > Legislation and Regulation for e-Commerce in Kenya > > > > > > Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - > > > Public Panel 19 > > > June 2008 > > > > > > *Electronic commerce (e-commerce) will add at least one > > > percent point growth > > > to Kenya's overall economic growth within five years. > > > This is contingent > > > upon the adoption of legislation that supports electronic > > > transactions. *Kenya, > > > as an emerging economy and regional leader, lags behind in > > > having a legal > > > framework for e-commerce in place. The current situation is > > > an anachronism > > > hampering national development, placing provincial centres > > > at a > > > disadvantage, and harming global competitiveness. Both > > > external and internal > > > trade require the new framework.The Kenyan private sector > > > strongly supports > > > e-commerce legislation, as well as legislation of the > > > Information and > > > Communication Technology sector that guarantees an open > > > market and promotes > > > innovation. > > > > > > Why e-commerce law? Today, legislation supporting > > > electronic transactions > > > represents the single most powerful innovation opportunity > > > in the legal > > > framework of the ICT sector. Legislation is needed to: > > > -Legalize e-commerce transactions by recognizing an > > > electronic signature > > > -Manage and control e-commerce risks > > > -Remove e-commerce barriers > > > KIF has studied drafts currently circulating in the public > > > domain, the > > > Information and Communications Bill, 2008, and the > > > Electronic Transactions > > > Bill, 2007, respectively, both of which are of the highest > > > technical > > > standards. Public panels and hearings with sectors of the > > > economy (including > > > tourism, agriculture, ICT) have been held on 6th and 27th > > > May, 4th June and > > > 19th June. The Kenyan private sector has expressed > > > overwhelming support for > > > urgent legislation of e-commerce. > > > > > > Suggested improvements in Bills - The public panels and > > > hearings to date > > > have yielded the following important issues for improvement > > > in the current > > > Bills: > > > > > > - Provisions on who can prosecute are missing > > > > > > - Liability of Internet Service Providers must be > > > demarcated > > > > > > - Clarification on which commercial documents are > > > excluded from > > > proposed legislation > > > > > > - Eliminate any ambiguity on admissibility of > > > electronic evidence > > > > > > - Need for data protection and privacy provisions > > > > > > - The Bills are more lenient on e-commerce fraud > > > than on > > > traditional fraud > > > > > > - Remove inconsistencies in determining crimes and > > > punishments > > > > > > - Provisions for the inclusion of cyber-crime > > > within the scope of > > > the Extradition Act > > > > > > - Creation of an Administrator for e-commerce laws > > > whose functions > > > will be policy implementation and advisory, as a > > > multi-sectoral body with > > > industry associations including KIF, lead regulator > > > Communications > > > Commission of Kenya and co-regulator Central Bank of Kenya > > > > > > Gains in tourism, agriculture, healthcare > > > > > > Industry sectors, notably the tourism industry, are > > > expressing their desire > > > to see e-commerce covered by law. In tourism, on-line > > > travel bookings have > > > exceeded 80% in the USA and 50% in Europe. Decline in > > > off-line bookings is > > > in ample evidence. Those destinations that cannot legally > > > support abundant > > > on-line booking, such as Kenya, will loose market share. > > > E-commerce in > > > agriculture will improve small-holder's living > > > standards. Great impact is > > > expected notably in the coffee sector that provides > > > livelihood to at least 5 > > > million Kenyans, as well as in the dairy industry. > > > Healthcare efficiency and > > > affordability will improve by on-line health data > > > management systems. > > > Business operators in rural towns and rural centres have > > > also expressed keen > > > interest, as they see scope to address issues of trade > > > efficiency and > > > security in rural Kenya. > > > > > > What is e-commerce > > > > > > E-commerce is a method of trading that replaces paper-based > > > documentation by > > > a mutually binding electronic protocol between buyers and > > > sellers. > > > E-commerce is gaining ground globally and has become an > > > irreversible trend. > > > Many trading partners are already practicing e-commerce, by > > > mutual > > > agreement, also in Kenya. However, e-commerce will reach > > > its full potential > > > when parties that do not know each other are able to trade > > > with full mutual > > > protection under the law. This will benefit large numbers > > > of consumers and > > > businesses, including small-holder farmers, tourism > > > operators, small-scale > > > industry and services providers in almost any business > > > sector. > > > > > > About KIF > > > > > > The Kenya Information and Communication Technology > > > Federation (KIF) > > > represents the ICT industry with Government and with > > > private sector bodies > > > e.g. Kenya Association of Manufacturers and Kenya Private > > > Sector Alliance > > > KEPSA <http://www.kepsa.org/>. KIF is a legally > > > registered membership based > > > Association, made up of trade associations and professional > > > bodies within > > > the national ICT industry, as well as commercial > > > corporations. KIF has been > > > accepted as the private sector voice of ICT by Government. > > > KIF contributes > > > ideas to key sectors like healthcare, education, > > > agriculture, construction > > > industry, and last but not least supports e-government > > > development. KIF is a > > > membership-driven organisation. Members bring issues on > > > public policy and > > > industry development forward for KIF to take action. Issues > > > include: > > > innovation promotion, education improvement, duties, taxes > > > and levies, rural > > > ICT investment. KIF has a strong and active network, with > > > excellent > > > relationships with all government agencies. KIF membership > > > is open for > > > market segment associations and individual companies. > > > Membership charges are > > > annual and based on company size. Contact: > > > secretariat(a)kif.or.ke, 020 > > > 4440102 > > > MARCEL WERNER, Chairman, Kenya ICT Federation > > > > > > please send any business mail to: > > > > Marcel.Werner(a)innovation-africa.or.ke_______________________________________ > ________ > > > kictanet mailing list > > > kictanet(a)lists.kictanet.or.ke > > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > > > This message was sent to: jwalu(a)yahoo.com > > > Unsubscribe or change your options at > > > http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > > > > > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: emailsignet(a)mailcan.com > > Unsubscribe or change your options at > > > http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c > om > People make a plan work, a plan alone seldom makes people work > (Confucius). > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: kevit(a)centurionsystemsltd.com > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/kevit%40centurionsystem > sltd.com > People make a plan work, a plan alone seldom makes people work (Confucius). __________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com

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Flipping over Flip
by Brian Munyao Longwe 08 Jul '08

08 Jul '08

Flipping over Flip http://mashilingi.blogspot.com/2008/07/flipping-over-flip.html Yesterday I came across the most amazing piece of technology that I have seen in recent days. Gregg Zachary was just back in Nairobi enroute to his home in the USA and I managed to catch him for a couple of hours of talk. During this he showed me some videos he had taken in Zambia and Uganda and said that he had used his "Flip camera". I was like, "what? Flip?" and he said "I'll show you." When I saw the device I almost fell over. Barely the size of a cigarette pack, this modern day wonder allows the recording of up to 1 hour of video, stores in in .avi format (YouTube Ready!) on an internal solid state (Flash) disk and uses simple, everyday AA batteries. Wow! The most amazing part of all was the price. Gregg bought his off-the-shelf in the USA before coming out on this trip for $125 (Kshs. 8,000). This amazing little piece of technology has a built-in USB-flash dongle, which allows you to hook it up to your computer - and the software for transferring, editing and managing video is right on the stick! Wacha nikuambie!!!! I believe that this gadget and others like it is probably going to have a similar impact on the videocam industry as cellphones had in the telecoms industry. According to Business Week and the New York Times Pure Digital, the startup company behind the Flip cam was able to achieve 20% market share in the US videocam industry within less than 1 year. My head has been spinning with ideas on how this kind of device can contribute towards the development of local, African content. Boy o boy am I excited. I want to try and put several of these into the hands of people all over Kenya and see what happens.... [Brian blogs at http://mashilingi.blogspot.com and http:// zinjlog.blogspot.com]

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Re: [kictanet] [NewVisionKenya] Fwd: [africa-oped] Bulk of Kenyan Wealth Owned by Foreigners
by Shem Ochuodho 08 Jul '08

08 Jul '08

This is an interesting research study. That "Kenyans" own only 31% of "Kenya's" wealth!!! I wonder if there is anybody else perturbed by this fact like me - if at all it is true; and I have no reason to doubt the EA Standard! Apart from South Africa and Nigeria which have enacted laws that restrict the % of stake foreigners can own in banks, Ethiopia too has some interesting laws. There are sectors like banking, broadcasting and air-transport (for aircrafts of less than 20 seating capacity) that are reserved exclusively to 'domestic investors'. There are also sectors (like telecoms) where an investor can only co-invest in partnership with the Government (e.g. currently ZTE/ETC are rolling out a US$ 1.5billion national fiber backbone!!!). One can easily dismiss these Ethiopian (or Nigerian or SAfrican) policies as 'repugnant' - until this 'Kenyan' experience hits you! Wams thanks for sharing! SO --- On Wed, 6/18/08, Margaret Gichuki <Wams2006(a)gmail.com> wrote: From: Margaret Gichuki <Wams2006(a)gmail.com> Subject: [NewVisionKenya] Fwd: [africa-oped] Bulk of Kenyan Wealth Owned by Foreigners To: "KCA" <kca_main(a)yahoogroups.com> Cc: NewVisionKenya(a)yahoogroups.com Date: Wednesday, June 18, 2008, 6:37 PM ---------- Forwarded message ---------- From: nmatunda <matunda@hotmail. com> Date: Jun 18, 2008 3:03 PM Subject: [africa-oped] Bulk of Kenyan Wealth Owned by Foreigners To: africa-oped@ yahoogroups. com For many years I have tried to make the point made by Kamau Ngotho below! I am glad that someone has done some research that exposes the fallacy of Kenyans "owning" Kenya. Yet, looking back on events of the past, Kenyans have killed and maimed fellow Kenyans in the pretext that some have eaten more. The real culprits (and we need a national solution for this) are foreign ownership and skewed wealth distribution Read on! By Kamau Ngotho The bulk of Kenya's wealth is in foreign hands, according to statistics obtained exclusively by The Sunday Standard. If Kenya were a cake to be shared out, Kenyans would only lay claim to 31 per cent of the country's total wealth. The rest would go to foreigners. Agriculture, tourism and banking, which combined bring in the country's largest earnings, are in foreign hands. Last year, tea, tourism, flowers and coffee earned the country Sh140 billion, nearly half of the annual national budget. Of this money, only 31 per cent ended up in the country � as tax and real earnings to the nationals. And shareholding in the richest 20 companies that trade at the Nairobi Stock Exchange is foreign. The skewed distribution of wealth between foreigners and Kenyans puts paid to all efforts since independence to hand control of the country to its citizens. Tea growing, which earned the country Sh43.5 billion last year, is concentrated in the hands of six leading agricultural companies whose shareholding is largely foreign. Up to 78 per cent of earnings from tea went, therefore, to foreigners � leaving the balance for Kenyans. The Big Six in the tea sector are Unilever Tea Kenya, Kakuzi Ltd, Williamson Tea Company, Kapchorua Tea, Limuru Tea Company and Sasini Coffee and Tea. The British-owned Brooke Bond Group holds 43.1 million shares of the total 48.8 million shares issued in Univeler Tea Kenya. The same group owns 54 per cent of the total 3.9 million shares issued in Limuru Tea Company. In Kakuzi Ltd, foreigners have a total shareholding of 68.3 per cent of the total 19.6 million shares issued. They hold the shares through Bordure Ltd and Lintak Investment Ltd, with 35.1 and 33.2 per cent shareholding, respectively. Britain's Williamson family has a controlling majority shareholding in both Williamson Tea and Kapchorua Tea companies. In Williamson Tea, it holds 67.2 per cent of the total 8.8 million shares issued through their company, Ngong Tea Holding PLC. In Kapchorua tea, they hold 40 per cent of the 3.9 million shares issued. Sasini Tea and Coffee Ltd is 87.3 per cent owned by business magnate Naushad Merali, a Kenyan. Merali's companies hold his shares in these businesses: Legend Investments Ltd (51.7 per cent), East African Batteries (18.7 per cent), Yana Towers (15.9 per cent) and Swan Estates (1.04 per cent). The reinvigorated tourism sector, which earned Sh42 billion last year, is also foreign-owned. And just as the Sh43.5 billion earnings from tea sector ended up in foreign pockets, so did the Sh42 billion that came from tourism. Tourism earnings went into three directions: Hotels, airlines, and travel/booking agents, in that order. Of Kenya's 290,000-plus tourist hotel bed spaces, foreign hoteliers own 74.3 per cent of it. Tour flights to Kenya are entirely in the hands of foreign airlines. It is all the more foreign-dominated in the traditional tourist peak periods of Easter and Christmas, when there are no scheduled flights to Kenya's tourist hub of Mombasa. During the two seasons, tourists arrive in Mombasa in chartered jets arranged by European tour operators. A tea-picker at work. Foreign companies stationed in European and American capitals also entirely control hotel bookings and transfers. Where internal travel is concerned, foreigners too, dominate by owning 7 of the 11 leading local tour travel firms. At the end of the day, tourism in Kenya remains a foreigners' enclave with indigenous Kenyans left to scratch the surface on petty trades like selling curios and prostitution. After years of lobbying, last year the European Union set aside Sh250 million to economically empower indigenous Kenyans to get a fair share of the lucrative industry. Seven projects were targeted to tilt the balance in a programme called Tourism Diversification and Empowerment Project. But a spokesman at the Nairobi EU office said the money is yet to be released as project proposals submitted are still under evaluation. The only hotel chain listed on the Nairobi Stock Exchange is the TPS Serena. The Aga Khan Fund for Economic Development holds the company's majority shareholding through its company, TPS Holdings Limited. Horticulture, which earned Kenya Sh28.2 billion last year, is the country's third largest foreign exchange earner. It, too, is a foreigners' affair. Indigenous Kenyans mainly come in as casual labourers on the flower farms. Of the 44 certified companies dealing with horticulture products, 26 are foreign-owned. But an even bigger irony is that the leading 10 players in the industry � all foreign-owned � bag 83 per cent of the total income from the sector. Flower farming (floriculture) is the key plank in Kenya's agriculture sector. Seventy six per cent of Kenya's total flower production is concentrated in foreign-owned flowers farms around the Naivasha area. The big three are Homegrown, Sulmac and Oserian. Late last year, Kenya overtook Israel and Columbia as leading exporters of cut flowers. But you would not know that from the world's leading flower auctions in Amsterdam and London. Why? Foreign flower exporters in Kenya have registered their companies abroad � mainly in Amsterdam � and sell flowers they have grown in Kenya under a foreign label. In that case, while flowers from a local company are sold in Amsterdam as flowers from Kenya, Dutch companies growing their flowers in Naivasha sell theirs as flowers from Holland. The consequence of it is that flowers owned by Dutch companies receive preferential treatment at the auction, including exemption from the strict EU-imposed export rules. Flower auctions in Amsterdam and London account for 65 and 25 per cent of Kenya flower sales respectively. Of the approximate 60,000 tonnes of flowers exported from Kenya last year, 37,000 tonnes were sold in Amsterdam and London auctions as flowers from Holland. The statistics can make it look like the entire flower industry in Kenya is one big conspiracy against indigenous people. Foreign air charters, the only ones used in flower transport, charge the highest rates in Nairobi. Freight charges on flowers from Kenya are twice those in the capitals of Kenya's nearest competitors Israel, Columbia and Costa Rica. There are also 40 to 45 per cent higher than in Egypt and South Africa, Kenya's two biggest competitors on the continent. At $400 a day, inspection and storage charges at Jomo Kenyatta International Airport are the highest in the world. So is the freight charge of $1.85-$2.2 per stem. Flowers sold in Kenya's name are inspected stem by stem at the JKIA at the cost of 12 Euro cents a stem. Those grown in Kenya but marketed by overseas-accredited companies are only inspected in bulk. On average, it costs upwards of $1 million to set up a typical flower farm on a half acre spread , which in turn brings in a $50,000 a year. Kenya's fourth leading export earner, coffee, is equally depressing on the ownership scale. The majority of small-scale coffee growers in Kenya sell coffee raw from the farm, earning less than 10 per cent of what the finished end product earns in foreign markets and in a foreign label. Though touted as an agricultural country, the other large-scale agricultural activities in Kenya are also foreign-owned. Rea-Vipingo Plantations, which deals mainly in sisal and dairy farming is 77 per cent owned by the Robinson family of England. They hold the shares through REA Holdings PLC, Unibuckle Holdings Ltd and REA Trading Ltd. Del Monte, world famous for pineapple products, is entirely a French affair and sells its products with the label "Made-in-France" . The question of who owns Kenya's wealth sticks out like a sore thumb in the banking sector. The leading two banks with a combined market share of 71.4 per cent are Barclays Bank of Kenya and the Standard Chartered. They are foreign-owned. Barclays Bank plc of London owns 68 per cent stake in Barclays Bank of Kenya. Standard Bank Africa, a London outfit, in turn owns 81 per cent shareholding in Standard Chartered Bank. To avoid domination by foreign banks, Nigeria and South Africa enacted laws on percentages of shareholding a foreign bank could own. Foreign ownership is also the same cord that runs through key blue chip companies listed on the Nairobi Stock Exchange. At the East African Breweries, British-owned Guinness plc holds 63.5 per cent of the total equity, leaving Kenyans to scramble for the rest. Guinness shares are held in the names of Diageo Kenya Ltd and Diageo Netherlands B.V. In the Nation Media Group, the Aga Khan holds 28.2 million shares of the 35.6 million shares issued. The Aga Khan's shares are held in the names of the Aga Khan Fund for Economic Development and Amin Nanji Juma. In Kenya Airways, Dutch company, KLM, holds 40.6 per cent equity. In Total Kenya Ltd, French companies Total Outre-mer and Elf Oil Kenya Ltd, own 77 per cent of the total shareholding, while in BAT Kenya Ltd, Molensteegh Investment BV of London, holds 68 per cent of the total shareholding. The question of who owns Kenya's wealth generated a national debate in 1968 when the National Council of Churches of Kenya published a paper entitled: "Who Owns Kenya's Industry?" In the paper, the late Anglican Bishop, the Rev Henry Okullu, regretted that five years into independence, "the compass needle had not moved in the direction of indigenous ownership of Kenya's wealth." Thirty-seven years later, the Rev Okullu would turn in his grave to note that the needle has drifted even further away. __._,_.___ Recent Activity 1 New Members 1 New FilesVisit Your Group Yahoo! News Odd News You won't believe it, but it's true Best of Y! Groups Discover groups that are the best of their class. Check out the Y! Groups blog Stay up to speed on all things Groups! . __,_._,___

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Legislation and Regulation for e-Commerce in Kenya
by Alex Gakuru 08 Jul '08

08 Jul '08

Kevit, Please educate me who are KEPSA, KIF, and Centurion Systems(you?) and how they inter-relate to enlighten the conversation on the underlying dynamics. If they have published websites(vision, mission, strategy members, leadership hierarchy... etc)- that would be most useful. Now at the political stage;) then will come motives and finally whatever proposals each could be advancing.... regards, --- On Mon, 7/7/08, Kevit Desai <kevit(a)centurionsystemltd.com> wrote: > From: Kevit Desai <kevit(a)centurionsystemltd.com> > Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya > To: "alex.gakuru(a)yahoo.com" <alex.gakuru(a)yahoo.com> > Cc: "Kevit Desai" <kevit(a)centurionsystemsltd.com>, "kictanet-lists" <kictanet(a)lists.kictanet.or.ke> > Date: Monday, July 7, 2008, 11:15 PM > Hi Alex, > The Barcamp was a great success. We do need to congratulate > > Skunkworks. Maybe Riaz can tell us how we can scale things > up? > Innovation is a national theme. So many people are > involved. > > KEPSA elections for Governors and Directors are in April > 09. > > Kevit Desai > > > > > > > On 8 Jul 2008, at 07:07, Alex Gakuru > <alex.gakuru(a)yahoo.com> wrote: > > > There is so much work outstanding yet > > so many just want jobs and flashy titles > > Fat salaries and untaxed allowances > > Not that they will excel at the jobs > > No! They will instead obstruct others > > Use their high office appointments to > > frustrate real workers and innovators > > Then lobby for own private interests > > Using the high offices just acquired > > > > This is how I view issues these days: > > > > 1. Start with the politics on the subject > > 2. Study the motives of involved actors > > 3. Then get to the details or proposals > > (If there will be a need after, that is) > > > > "Regulating" akin to "Controlling" > is archic > > Even the future of sector regulation changed. > > > > "Regulating convergence, finding solutions to > > foster creativity and answering consumer fears > > about identity theft, fraud and the invasion > > of their privacy were central questions at the > > recent Organisation for Economic Co-operation > > and Development (OECD) ministerial meeting in > > Seoul, Korea." > > > > Regulators future simplified to concentration > > on increasing competition,consumer protection;) > > > > The “Seoul Declaration” signed by 39 governments > > and the European Union on 18 June was announced > > as a “roadmap for the future of the internet > > economy. The conference was held on 17-18 June. > > > > > <http://www.oecd.org/dataoecd/49/28/40839436.pdf> > > > > Civil Society background paper "Fueling > Creativity, > > Ensuring Consumer and Privacy Protection, Building > > Confidence and Benefiting from Convergence." > > > <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> > > > > Skunkworks may not be a "Registered > Association" but > > you bet it's value to us is 10x all others > combined. > > > > Looking back, one sees little, if any, consumer value > > proposition from most of already existing > associations, > > except their vocalness advancing "members > interests" > > > > regards, > > > > > > --- On Mon, 7/7/08, Harry Hare > <harry(a)africanedevelopment.org> wrote: > > > >> From: Harry Hare > <harry(a)africanedevelopment.org> > >> Subject: Re: [kictanet] Legislation and Regulation > for e-Commerce > >> in Kenya > >> To: alex.gakuru(a)yahoo.com > >> Cc: secretariat(a)kif.or.ke, "'KICTAnet ICT > Policy Discussions'" > <kictanet(a)lists.kictanet.or.ke > >> > > >> Date: Monday, July 7, 2008, 2:18 PM > >> Dear all, > >> > >> IMHO in this day and age we should not be talking > about > >> "regulation" or > >> "regulating" anything, this is concept > that

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FW: Advert - KIPPRA Economists
by Edith Adera 07 Jul '08

07 Jul '08

1 0