- KICTANet - KICTANet

Re: kictanet Digest, Vol 13, Issue 11
by mutua 06 Mar '06

06 Mar '06

It took a passive and conformist clergy and a VERY FREED but biased media to ignite the chaos that resulted in the genocide that was witnessed not soo long ago in Rwanda.Now if only they had some "kanga squad" somewhere to preempt hate and devisive plots designed by people who are still enjoying their own liberties up to now as well as a free media here with us.Going by the reputation of some of these media houses i would only comment that at times the end does justify the means when a lot it at stake. ----- Original Message ----- From: <kictanet-request(a)kictanet.or.ke> To: "mutua" <emutua(a)ngocouncil.org> Sent: Monday, March 06, 2006 3:38 PM Subject: kictanet Digest, Vol 13, Issue 11 > Send kictanet mailing list submissions to > kictanet(a)kictanet.or.ke > > To subscribe or unsubscribe via the World Wide Web, visit > http://kictanet.or.ke/mailman/listinfo/kictanet > or, via email, send a message with subject or body 'help' to > kictanet-request(a)kictanet.or.ke > > You can reach the person managing the list at > kictanet-owner(a)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: Kenya ICT Action Network Condemns Overnight Raid on > STANDARD AND KTN Offices ( Wainaina Mungai ) > 2. Fwd: [Idlelo2] Re: [afrinic-discuss] Africa 's Internet > Community to gather in Nairobi in May (Bill Kagai) > 3. Re: Fwd: [Idlelo2] Re: [afrinic-discuss] Africa 's Internet > Community to gather in Nairobi in May (Brian Longwe) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Mon, 06 Mar 2006 14:44:11 +0300 > From: " Wainaina Mungai " <wainaina(a)madeinkenya.org> > Subject: RE: [Kictanet] Kenya ICT Action Network Condemns Overnight > Raid on STANDARD AND KTN Offices > To: "KIPlist" <kiplist-cl(a)lyris.idrc.ca>, "KIPlist" > <kiplist-cl(a)lyris.idrc.ca> > Cc: kictanet(a)kictanet.or.ke > Message-ID: <20060306114411.4526.qmail(a)domain50.com> > Content-Type: text/plain; charset="iso-8859-1" > > 1. Is the media in Kenya without blame? I have the likes of Standard/KTN/Kass FM/Inooro & Weekly Citizen et. al. in mind? > > 2. If not, then why do we find it hard to demand better services to the Kenyan consumer? Why do we find it so hard to say "and we demand that the media report accurately and without bias in their service to Kenyans". Just that, and we would have moved a step forward in objectivity. > > 3. The Nation did not publish the Kalonzo/StateHouse story because "it could not be verified" even after they objectively checked with their own sources - http://allafrica.com/stories/200603030414.html . The Nation did not find the story plausible and all parties (Kalonzo, Raila and State House) claimed it was a fabrication. Who is telling untruths here and why should KICTANet so readily believe The Standard story. Since when did it become ok to fabricate strories? If the story was true, did State House LIE to Kenyans? We cannot escape from putting the media to task here because a fabricated story would be a dangerous precedent that KICTANet and Kenyans in general must protest. The same applies if State-House told Kenyans a lie. We should not allow this story to go away because it imply that the highest office in the land has resorted to outright fabrication of which we must protest. > > 4. Do we all remember that one of the senior editors at the The Standard was fired from Nation for taking a bribes so as to publish falsehoods? Why are we so convinced that the same would not recur in any media house? Don't we leavbe with the reality of Inooro and Citizen's biased coverage everyday? Is this the media Walu is asking us to defend? > > 5. KTN or Citizen are not the "Kenyan consumer" of media products. Kenyans are helpless receipient of fabrticated stories while the media is teh offending party here. These media houses are not devoid of political bias and in some extreme cases, tribal bias. The days of people hiding behind an attack on "our people" when they are caught misconduct went in December 2002. No-one in government or outside it should use Kenyans as his defence when he has offended the ethical dmands of his/her vocation or even the laws of the land. > > Walu, the days of irresponsible media must come to an end as much as the days of draconian action. Neither the state nor the media has a right to abuse what freedoms and powers Kenyan (citizens and consumers) accord them. > > The Kenyan consumer comes first. > > Wainaina > > > > -------Original Message------- > > From: John Walubengo <jwalubengo(a)kcct.ac.ke> > > Subject: RE: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > > Sent: 06 Mar '06 11:16 > > > > Anthony, > > > > This is the fundamental issue. That this raid (whatever the justified reasons) was totally out of order. It does set a very dangerous precedence. If something like this is not condemned with the contempt it deserves, these 'Kanga' squads would soon get orders to move from the Media, and graduate into the other aspects of our lives...including your homes. > > > > I shudder when I imagine that a time shall come when fathers and mothers shall get ripped from their childrens arms, and then disappear into the night never to be seen, courtesy of the Kanga Squad - all in the name of 'national security'. Seems far fetched, but possible. All it needs is for one, two or more raids to happen without Kenyans complaining and suddenly it will become an acceptable way of resolving issues. > > > > It is a proven physcological concept. That if you want to boil a frog in hot water, dont drop it directly into hot water, because it will jump out and escape. What u do instead is to put it in cold water and then slowly and steadily increase the heat. Within 15min the frog never gets to know how it died. Kenyans must never for a moment agree to these types of assualt. They must not get accustomed to this kind of treatment. > > > > To me this raid goes beyond an attack on the media. It is an attack that goes directly into our collective ability as a nation to tolerate abuse from the high and mighty. We must chose to jump out of the hot water NOW...or slowly boil to our death. > > > > my fifty cents. > > > > walu. > > > > > > >>> <Anthony.MUSUNJI(a)cec.eu.int> 03/06/06 11:58AM >>> > > In a civilised society of which I believed we lived in until last Thursday > > there are clear mechanisms to mitigate such issues .The attack on KTN > > /Standard sets a dangerous precedence and I cannot believe anyone can > > support such actions > > > > > > > > Anthony Musunji > > > > > > > > > > -----Original Message----- > > From: bounce-kiplist-cl-102759(a)lyris.idrc.ca [mailto:benmakai@yahoo.com] > > Sent: 06 March 2006 11:25 > > To: KIPlist > > Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on > > STANDARD AND KTN Offices > > > > > > > > Charles has raised very important points and i beleive list members should > > ask themselves why the raid other than condeming...why was nation not raided > > > > > > Charles Hunja <chunja(a)idrc.or.ke> wrote: > > > > > > Hi all, > > > > ...and I am fully in agreement with Wainaina. Before any joint (or > > "members'") statement is issued, we should first understand why, and if > > there a need for such to be issued. Secondly, we should understand the > > statement itself, its weight, cones, and relevance. I again disagree with > > the statement, "Some events do not provide us with adequate opportunity to > > consult each other". The only events which may not provide enough time for > > consultation may only be those to do with organisation/office running, which > > need quick decision of which the return/results are expected. > > > > Though we should be free to discuss any issue, we should re! alise that ours > > is not a political tool but rather, a business tool. It is interesting to > > see how some people and/or organisations are quick to accuse, by following > > others before understanding everything. On the issue of the KTN/Standard, no > > one has ever bothered to ask why the two house were attacked. Some say it > > is because of the Kalonzo story. If I may ask, between "Kalonzo/Kibaki" and > > the "Anglo Leasing" stories, which one of the two was more likely to hurt > > the government? Which one was more damning. If it is the Anglo Leasing story > > which was released by the nation Media Group, then why is it that nation did > > not come under attack. The minister for internal security said he was > > responsible and that the attack was necessitated by a threat in national > > security. Full stop! > > > > What I hear everybody say is that Press Freedom is very important, and I > > fully agree with them. Very very important. But why on earth should a > > newspaper write on its front (or back) page that Mr. X! XX is a bank robber > > and a rapist, and when followed, start crying out about press freedom and > > freedom of expression? This freedom does not mean telling lies e.g. working > > for particular politicians to insult others and so on. We know, (and I have > > a case in point where) journalists are paid to accompany politicians. that > > way, wherever they are and whatever they say is always covered by the media. > > Anyway, what I am saying is don't pass judgement because others are doing > > so. We shouldn't follow blindly. Before doing so, we should always strive to > > understand the case first, by gathering all the evidence and listening to > > all parties. That way, we may be armed to give a "fair judgement" > > > > Anyway, these are my thought and not those of the KICTNet. I guess the > > network is a discussion forum. > > > > Hunja > > > > > > > > At 02:25 PM 04/03/2006 +0300, Wainaina Mungai wrote: > > > > > > > > Hi Malaba, > > > > I was under the impression that a "KICTANET s! tatement" is a joint > > statement that needs wider consultation so as to legitimise the words > > below....because KICTANet does not exist without its membership. I may have > > been wrong. > > > > > > > We the members of the Kenya ICT Action Network (KICTANet), a > > multistakeholder group of organisations > > > and networks from civil > > society, private > > > > > sector, media, academia, and development partners > > > > Wainaina > > > > > > > -------Original Message------- > > > From: David Sparrow Malaba <sdmalaba(a)yahoo.com> > > > Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid > > on STANDARD AND KTN Offices > > > Sent: 04 Mar '06 11:31 > > > > > > Dear Colleagues, > > > I feel that as members of KICTANET, each one of us is > > > free including our organizations to take a particular > > > stand on any issue or issues at any time as they > > > arise. But if Mr. Mungai is suggesting that in future > > > we make joint press statements, then that is something > > > else, that may perhaps require consultation from > > > members. Some events do not provide us with adequate > > > opportunity to consult each other. > > > > > > Let us play our roles even if it means commenting on > > > any issue without fear of contradiction or even being > > > labeled or victimised by members. > > > > > > Kind regards > > > David Malaba > > > The Computer Society of Kenya > > > > > > > > > --- "Made in Kenya.org" <info(a)madeinkenya.org> wrote: > > > > > > > Dear all, > > > > > > > > Just out of curiousity, who was consulted in the > > > > drafting of this statement? As a member, I am > > > > totally in the dark on this one! . AS much as I > > > > support the condemnation of the police action, I > > > > must distance myself from this one-sided and > > > > apparently unilaterally drafted statement that seems > > > > to be in denial of the reality in Kenya today. Media > > > > freedom is not absolute and Kenyan consumers have a > > > > right to access accurate and unbiased information > > > > from the media and other sources. > > > > > > > > The statement will only serve to sanitise misconduct > > > > by the local media. KICTANet should not be seen as a > > > > trade association where irresponsible media finds > > > > solace. I hope that will not be the message > > > > KICTANet will pass on to participants at the planned > > > > "Media and ICTs workshop next week (March 10-13) in > > > > Mombasa. All freedoms, especially the freed! om of the > > > > press must be exercised with restraint. Media > > > > freedom carries with it alot of power and power has > > > > corrupted a significant section of our media. > > > > > > > > The unilateral decision to draft and circulate a > > > > statement on behalf of KICTANet despite protests > > > > from some members (no matter how few) should not be > > > > presented in a manner to imply that it is the > > > > collective view of the network. > > > > > > > > Even the Media Owners Association did a much better > > > > job by demanding that its membership exercise > > > > responsible journalism. For that, I must > > > > congratulate the MoA for exercising objectivity and > > > > advice KICTANet to make an honest attempt at such > > > > objectivity in future. > > > > > > > > Sincerely, > > > > > > > > Wainaina Mungai > > > > > > > > > -------Original Message------- > > > > > From: alice(a)apc.org > > > > > Subject: [Kictanet] Kenya ICT Action Network > > > > Condemns Overnight Raid on STANDARD AND KTN Offices > > > > > Sent: 03 Mar '06 10:27 > > > > > > > > > > Press Release > > > > > > > > > > Kenya ICT Action Network Condemns Overnight Raid > > > > on STANDARD AND KTN Offices > > > > > > > > > > 3 March 2006 > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > are shocked and outraged > > > > > by the recent actions meted by the government on > > > > the standard group. > > > > > > > > > > > > > > > > > > > > On Wednesday, 1 March 2006, the Government of > > > > Kenya launched an > > > > > unprecedented and vicious attack on the STANDARD > > > > GROUP premises, harassed > > > > > the journalists, confiscated equipment, > > > > interrupted TV transmission and > > > > > burned copies of the day's newspaper edition. > > > > > > > > > > > > > > > > > > > > The Government has detained and continues to hold > > > > in detention three > > > > > Standard journalists apparently for misreporting > > > > that a leading opposition > > > > > politician had secretly met the President at > > > > State House. > > > > > > > > > > > > > > > > > > > > When interviewed, the Internal Security Minister > > > > Hon. Muchuki did not deny > > > > > the government's involvement in this horrifying > > > > event of March 1st stating > > > > > state security as the reason behind the > > > > government's actions. > > > > > > > > > > > > > > > > > > > > We see this as crude and gross abuse of power and > > > > our constitution. > > > > > > > > > > At a recent ICT strategy conference held at the > > > > safari park hotel his > > > > > Excellency the president of Kenya unveiled > > > > Kenya's ICT strategy, whose main > > > &g! t; > objective is " transforming Kenya's economy > > > > through promoting and > > > > > facilitating the private sector to serve as the > > > > driver for economic > > > > > development". This crude action contradicts the > > > > government's recent > > > > > objectives to maintain a favourable climate for > > > > investment and creation of > > > > > jobs for Kenyan's. No investor would place their > > > > money in an environment > > > > > where the rule of law and order is disregarded > > > > with utmost impunity. > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > This action is also reminiscent of the dark days > > > > in Kenya when the media was > > >! > > constantly harassed in order to suppress the > > > > freedom of expression, thought > > > > > and association. The action demonstrates that > > > > the Government, which is the > > > > > custodian of law and order is not committed to > > > > the rule of law as the basic > > > > > foundation for a modern and civilised society. > > > > > > > > > > > > > > > > > > > > Whereas the Government may be validly aggrieved, > > > > there are established and > > > > > internationally acceptable mechanisms for seeking > > > > redress through the courts > > > > > of law. The Kenya Telecommunication Act (1998 > > > > revised 2001) clearly spells > > > > > out the procedures that should be followed! in the > > > > event that a Media House > > > > > needs to be shutdown. > > > > > > > > > > KICATNet translates this action as an attempt to > > > > frighten the independent > > > > > media, limit Kenyan's political space and erode > > > > our human rights. It is also > > > > > a gross violation of our constitution. > > > > > > > > > > > > > > > > > > > > KICTANet therefore strongly condemns the > > > > government's actions and stands in > > > > > solidarity with the Kenyan media and particularly > > > > our colleagues at the > > > > > standard media group. We take this opportunity > > > > to remind the government of > > > > > Kenya that the foundation of a sound dem! ocracy is > > > > the right to information > > > > > and freedom of press. > > > > > > > > > > > > > > > > > > > > It is therefore imperative that the Government > > > > quickly moves to restore not > > > > > just investor confidence but also citizens' > > > > confidence in protection of our > > > > > fundamental human rights and democratic space > > > > that has been gained largely > > > > > due to a free press. > > > > > > > > > > > > > > > > > > > > KICTANet is appalled by the actions and urges the > > > > Minister(s) and the > > > > > Agency/ies involved to publicly apologise and > > > > expeditiously restore the > > > > > services! of the Media House as well as paying for > > > > all the losses that the > > > > > standard group have incurred. > > > > > > > > > > > > > > > > > > > > Kenya ICT Action Network (KICTANet) > > > > > > > > > > > > > > > Contact Details for the network > > > > > > > > > > Judy Kimiti > > > > > > > > > > jkimiti(a)email.kictanet.or.ke > > > > > > > > > > > > > _______________________________________________ > > > > kictanet mailing list > > > > kictanet(a)kictanet.or.ke > > > > http://kictanet.or.ke/mailman/listinfo/kictanet > > <http://kictanet.or.ke/mailman/listinfo/kictanet> > > > > > > > > Please unsubscribe o! r change your options at > > > > > > > http://kictanet.or.ke/mailman/options/kictanet/sdmalaba%40yahoo.com > > <http://kictanet.or.ke/mailman/options/kictanet/sdmalaba@yahoo.com> > > > > > > > === message truncated === > > > > > > > > > __________________________________________________ > > > Do You Yahoo!? > > > Tired of spam? Yahoo! Mail has the best spam protection around > > > http://mail.yahoo.com <http://mail.yahoo.com/> > > > > > > --- > > > Submitted by: Sparrow David Malaba - KITC <sdmalaba(a)yahoo.com> 2006-03-04 > > 03:40:01 EST5 > > > (Please reply to original submitter for private communication) > > > --- > > > You are currently subscribed to kiplist-cl as: > > [wainaina.mungai(a)oneworld.net] > > > To unsubscribe, forward this message to %%email.unsub%% > > > > > &g! t; > > > > --- > > Submitted by: Wainaina Mungai (One World) <wainaina(a)madeinkenya.org> > > 2006-03-04 06:33:46 EST5 > > (Please reply to original submitter for private communication) > > --- > > You are currently subscribed to kiplist-cl as: [chunja(a)idrc.or.ke] > > To unsubscribe, forward this message to %%email.unsub%% > > > > > > > > > > > > > > ================================ > > Charles M.M. Hunja, IT Manager > > International Development Research Centre > > P.O. Box 62084 - City Square, > > Nairobi, Kenya > > Tel 254 020 2713160/1: Fax: 254 020 2711063 > > > > ............................................................................ > > ............................................................................ > > ........ > > This email (and all other outgoing emails) is certified Virus Free. Checked > > by MCafee Anti-virus system --- > > Submitted by: chunja(a)idrc.or.ke 2006-03-06 00:56:02 EST5 > > (Please reply to original subm! itter for private communication) > > --- > > You are currently subscribed to kiplist-cl as: [benmakai(a)yahoo.com] > > To unsubscribe, forward this message to %%email.unsub%% > > > > > > > > > > Benjamin Makai > > Tel: 254-722-540641 > > P.O. Box 8608, 00300, Nairobi, Kenya > > > > _____ > > > > Yahoo! Mail > > Bring photos to life! New > > <http://pa.yahoo.com/*http:/us.rd.yahoo.com/evt=39174/*http:/photomail.mail. > > yahoo.com> PhotoMail makes sharing a breeze. --- Submitted by: Benjamin > > Makai 2006-03-06 03:23:11 EST5 (Please reply to original submitter for > > private communication) --- You are currently subscribed to kiplist-cl as: > > [Anthony.MUSUNJI(a)cec.eu.int] To unsubscribe, forward this message to > > %%email.unsub%% > > > > > > > > --- > > Submitted by: Anthony.MUSUNJI(a)cec.eu.int 2006-03-06 04:51:17 EST5 > > (Please reply to original submitter for private communication) > > --- > > You are currently subscribed to kiplist-cl as: [jwalubengo(a)kcct.ac.ke] > > To unsubscribe, forward this message to leave-kiplist-cl-102682Q(a)lyris.idrc.ca > > > > --- > > Submitted by: John Walubengo <jwalubengo(a)kcct.ac.ke> 2006-03-06 05:21:59 EST5 > > (Please reply to original submitter for private communication) > > --- > > You are currently subscribed to kiplist-cl as: [wainaina.mungai(a)oneworld.net] > > To unsubscribe, forward this message to leave-kiplist-cl-117112D(a)lyris.idrc.ca > > > > > > > > ------------------------------ > > Message: 2 > Date: Mon, 6 Mar 2006 15:02:32 +0300 > From: "Bill Kagai" <billkagai(a)gmail.com> > Subject: [Kictanet] Fwd: [Idlelo2] Re: [afrinic-discuss] Africa 's > Internet Community to gather in Nairobi in May > To: "Kenya ICT Policy - kictanet" <kictanet(a)kictanet.or.ke> > Message-ID: > <5c0c81830603060402o3c67f699j84ac5bde5b7a738(a)mail.gmail.com> > Content-Type: text/plain; charset=ISO-8859-1 > > Still on media and distorted information...read on.. > > ---------- Forwarded message ---------- > From: Nii Quaynor <quaynor(a)ghana.com> > Date: Mar 6, 2006 2:27 PM > Subject: [Idlelo2] Re: [afrinic-discuss] Africa 's Internet Community > to gather in Nairobi in May > To: eric(a)afrispa.org, AfriNIC Discuss <afrinic-discuss(a)afrinic.net>, > discuss(a)afrispa.org, committee(a)afrispa.org, afnog-admin(a)psg.com > Cc: africasource2-l(a)lists.tacticaltech.org, Kenya ICT Policy - > kictanet <kictanet(a)kictanet.or.ke>, En-ISPA_Team(a)afrispa.org, > tier(a)tier.cs.berkeley.edu, afix(a)afrispa.org, IDLELO > <idlelo2(a)fossfa.net> > > > Hi All, > > The announcement had listed AfNOG and AfriNIC meetings as part of the AIF. > This is the first time AfNOG organizers have heard of the AIF and wish all > to know that AfNOG is not part of the AIF activities. The announced activity > also conflicts with scheduled coordinated programs including ISOC INET > Africa day on the 18th of May in Nairobi. We consider this announcement as > an unfortunate attempt to hijack an event without playing a part nor > coordinating with event organizers. And to mention AfNOG as part of AIF is > outright dishonest even under the auspices of AfrISPA. > > Sincerely, > Nii. > > > > ----- Original Message ----- > From: "Eric Osiakwan" <eric(a)afrispa.org> > To: <discuss(a)afrispa.org>; <committee(a)afrispa.org>; > <afrinic-discuss(a)afrinic.net> > Cc: <africasource2-l(a)lists.tacticaltech.org>; "Kenya ICT Policy - kictanet" > <kictanet(a)kictanet.or.ke>; <afix(a)afrispa.org>; <En-ISPA_Team(a)afrispa.org>; > "IDLELO" <idlelo2(a)fossfa.net>; <tier(a)tier.cs.berkeley.edu> > Sent: Sunday, March 05, 2006 4:51 PM > Subject: [afrinic-discuss] Africa 's Internet Community to gather in Nairobi > in May > > > > Press Release > For Immediate Release > (Contact; Eric M.K Osiakwan - eric(a)afrispa.org, +233.244.386792) > > Africa's Internet Community to gather in Nairobi in May > > 4th March 2006 - the annual African Internet Forum will this year be held in > Nairobi over 18-19 May and is expected to be the largest gathering of > Africa's expanding Internet community. > > The African Internet Forum provides an annual platform for ISPs, telecom > operators, Internet users, developers, regulators, policy-makers and > development agencies to share knowledge on the strategic and business issues > related to the Internet's development in Africa. > > The Forum is held under the auspices of the African ISP Association > (AfrISPA) and is organized by AITEC in association with Balancing Act. The > theme of this year's Forum will be "Survival of the fittest: How to thrive > in the African Internet jungle" > > Announcing the Forum, Russell Southwood CEO of Balancing Act and the forum > programme co-ordinator, said: "Africa's Internet sector is simultaneously > facing challenges that could make many of its players more marginal, whilst > at the same time seeing enormous potential opportunities opening up for it. > This Internet Forum seeks to let participants know what might be about to > happen and to offer a briefing on how to avoid being crushed by the larger > players." > > Brian Longwe, GM of AfrISPA, said "Time has come for Africa's Internet > community to take their futures - and livelihoods - into their own hands. > For too long Africa has been dependent on overseas infrastructure and > facilities to provide inter-country (and sometimes intra-country) > connectivity. A key item on this year Internet Forum agenda will be the > issue of Africa's ISPs finding ways of making the African backbone network a > reality" > > The Forum will follow the Internet training workshops, tutorials and related > events being held by AfriNIC and AfNOG in Nairobi in May. AfNOG and AfriNIC > are jointly organizing a two-week event that includes the AfNOG Workshop on > Network Technology (offering advanced training in a week-long hands-on > workshop), several half-day Tutorials, a one-day AfNOG meeting, and a > two-day AfriNIC meeting. Further information about the event may be found at > <http://www.afnog.org/afnog2006/> and <http://www.afrinic.net/meeting/>. > > AfNOG Workshop: 7-12 May 2006 (Sunday - Friday) > AfNOG Tutorials: 14 May (Sunday) > AfNOG Meeting: 15 May (Monday) > AfriNIC Meeting: 16-17 May (Tuesday - Wednesday) > African Internet Forum: 18-19 May (Thursday - Friday) > AfrISPA AGM: 19 May (Friday) > > > > -- > Eric M.K Osiakwan > Executive Secretary > AfrISPA (www.afrispa.org) > Tel: + 233.21.258800 > Fax: + 233.21.258811 > Cell: + 233.244.386792 > Handle: eosiakwan > Snail Mail: Pmb 208, Accra-North > Office: BusyInternet - 42 Ring Road Central, Accra-North > Blog: http://afrispa.skybuilders.com/users/Eric/blog.html > Slang: "Tomorrow Now" > -- > > > _______________________________________________ > afrinic-discuss mailing list > afrinic-discuss(a)afrinic.net > http://lists.afrinic.net/mailman/listinfo.cgi/afrinic-discuss > > _______________________________________________ > Idlelo2 mailing list > Idlelo2(a)fossfa.net > http://www.fossfa.net/mailman/listinfo/idlelo2 > > > > ------------------------------ > > Message: 3 > Date: Mon, 6 Mar 2006 15:40:54 +0300 > From: Brian Longwe <brian(a)pure-id.com> > Subject: Re: [Kictanet] Fwd: [Idlelo2] Re: [afrinic-discuss] Africa 's > Internet Community to gather in Nairobi in May > To: Kenya ICT Policy - kictanet <kictanet(a)kictanet.or.ke>, > discuss(a)afrispa.org > Message-ID: <FA03BE79-7465-44F5-AE6E-8B0E8E3FB07E(a)pure-id.com> > Content-Type: text/plain; charset="us-ascii" > > Wow Bill, you're really one to sniff out controversy.... :-) > > IMHO It is unfortunate to see such a harsh response sent to the whole > world - I wonder ...... why overlook the very clear statement that > the Forum WILL FOLLOW the other events. There was no attempt to claim > that the Forum was the convenor of these events - in fact it was > clearly pointed out that "AFNOG and AfriNIC are jointly > organizing...." But having said that maybe it would have been better > to seek consent from any named organisations before mentioning them > in the announcement - a lesson for the future. > > On the ISOC thing I don't see it as a conflict but as an opportunity > for synergistic scheduling. We are already in discussions with the > NEPAD Council who are having an event over the same period after they > saw that our dates COINCIDE (not conflict) with theirs.... it's all a > matter of point of view - > > .... is the cup half empty, or half full? > > Anyway from past experience I know that this is probably a precursor > to a power-play and possibly village politics that I think we need to > steer clear of.... so let's get practical and make proactive > proposals rather than start ripping each other's guts out. > > Brian > > On 6 Mar 2006, at 15:02, Bill Kagai wrote: > > ---------- Forwarded message ---------- > From: Nii Quaynor <quaynor(a)ghana.com> > Date: Mar 6, 2006 2:27 PM > Subject: [Idlelo2] Re: [afrinic-discuss] Africa 's Internet Community > to gather in Nairobi in May > To: eric(a)afrispa.org, AfriNIC Discuss <afrinic-discuss(a)afrinic.net>, > discuss(a)afrispa.org, committee(a)afrispa.org, afnog-admin(a)psg.com > Cc: africasource2-l(a)lists.tacticaltech.org, Kenya ICT Policy - > kictanet <kictanet(a)kictanet.or.ke>, En-ISPA_Team(a)afrispa.org, > tier(a)tier.cs.berkeley.edu, afix(a)afrispa.org, IDLELO > <idlelo2(a)fossfa.net> > > > The Forum will follow the Internet training workshops, tutorials > > and related > > events being held by AfriNIC and AfNOG in Nairobi in May. AfNOG and > > AfriNIC > > are jointly organizing a two-week event that includes the AfNOG > > Workshop on > > Network Technology (offering advanced training in a week-long hands-on > > workshop), several half-day Tutorials, a one-day AfNOG meeting, and a > > two-day AfriNIC meeting. Further information about the event may be > > found at > > <http://www.afnog.org/afnog2006/> and <http://www.afrinic.net/ > > meeting/>. > >

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Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices
by Charles Hunja 06 Mar '06

06 Mar '06

Hi all, ...and I am fully in agreement with Wainaina. Before any joint (or "members'") statement is issued, we should first understand why, and if there a need for such to be issued. Secondly, we should understand the statement itself, its weight, cones, and relevance. I again disagree with the statement, "Some events do not provide us with adequate opportunity to consult each other". The only events which may not provide enough time for consultation may only be those to do with organisation/office running, which need quick decision of which the return/results are expected. Though we should be free to discuss any issue, we should realise that ours is not a political tool but rather, a business tool. It is interesting to see how some people and/or organisations are quick to accuse, by following others before understanding everything. On the issue of the KTN/Standard, no one has ever bothered to ask why the two house were attacked. Some say it is because of the Kalonzo story. If I may ask, between "Kalonzo/Kibaki" and the "Anglo Leasing" stories, which one of the two was more likely to hurt the government? Which one was more damning. If it is the Anglo Leasing story which was released by the nation Media Group, then why is it that nation did not come under attack. The minister for internal security said he was responsible and that the attack was necessitated by a threat in national security. Full stop! What I hear everybody say is that Press Freedom is very important, and I fully agree with them. Very very important. But why on earth should a newspaper write on its front (or back) page that Mr. XXX is a bank robber and a rapist, and when followed, start crying out about press freedom and freedom of expression? This freedom does not mean telling lies e.g. working for particular politicians to insult others and so on. We know, (and I have a case in point where) journalists are paid to accompany politicians. that way, wherever they are and whatever they say is always covered by the media. Anyway, what I am saying is don't pass judgement because others are doing so. We shouldn't follow blindly. Before doing so, we should always strive to understand the case first, by gathering all the evidence and listening to all parties. That way, we may be armed to give a "fair judgement" Anyway, these are my thought and not those of the KICTNet. I guess the network is a discussion forum. Hunja At 02:25 PM 04/03/2006 +0300, Wainaina Mungai wrote: >Hi Malaba, > >I was under the impression that a "KICTANET statement" is a joint >statement that needs wider consultation so as to legitimise the words >below....because KICTANet does not exist without its membership. I may >have been wrong. > > > > > We the members of the Kenya ICT Action Network (KICTANet), a > multistakeholder group of organisations > > > and networks from civil > society, private > > > > sector, media, academia, and development partners > >Wainaina > > > > -------Original Message------- > > From: David Sparrow Malaba <sdmalaba(a)yahoo.com> > > Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight > Raid on STANDARD AND KTN Offices > > Sent: 04 Mar '06 11:31 > > > > Dear Colleagues, > > I feel that as members of KICTANET, each one of us is > > free including our organizations to take a particular > > stand on any issue or issues at any time as they > > arise. But if Mr. Mungai is suggesting that in future > > we make joint press statements, then that is something > > else, that may perhaps require consultation from > > members. Some events do not provide us with adequate > > opportunity to consult each other. > > > > Let us play our roles even if it means commenting on > > any issue without fear of contradiction or even being > > labeled or victimised by members. > > > > Kind regards > > David Malaba > > The Computer Society of Kenya > > > > > > --- "Made in Kenya.org" <info(a)madeinkenya.org> wrote: > > > > > Dear all, > > > > > > Just out of curiousity, who was consulted in the > > > drafting of this statement? As a member, I am > > > totally in the dark on this one. AS much as I > > > support the condemnation of the police action, I > > > must distance myself from this one-sided and > > > apparently unilaterally drafted statement that seems > > > to be in denial of the reality in Kenya today. Media > > > freedom is not absolute and Kenyan consumers have a > > > right to access accurate and unbiased information > > > from the media and other sources. > > > > > > The statement will only serve to sanitise misconduct > > > by the local media. KICTANet should not be seen as a > > > trade association where irresponsible media finds > > > solace. I hope that will not be the message > > > KICTANet will pass on to participants at the planned > > > "Media and ICTs workshop next week (March 10-13) in > > > Mombasa. All freedoms, especially the freedom of the > > > press must be exercised with restraint. Media > > > freedom carries with it alot of power and power has > > > corrupted a significant section of our media. > > > > > > The unilateral decision to draft and circulate a > > > statement on behalf of KICTANet despite protests > > > from some members (no matter how few) should not be > > > presented in a manner to imply that it is the > > > collective view of the network. > > > > > > Even the Media Owners Association did a much better > > > job by demanding that its membership exercise > > > responsible journalism. For that, I must > > > congratulate the MoA for exercising objectivity and > > > advice KICTANet to make an honest attempt at such > > > objectivity in future. > > > > > > Sincerely, > > > > > > Wainaina Mungai > > > > > > > -------Original Message------- > > > > From: alice(a)apc.org > > > > Subject: [Kictanet] Kenya ICT Action Network > > > Condemns Overnight Raid on STANDARD AND KTN Offices > > > > Sent: 03 Mar '06 10:27 > > > > > > > > Press Release > > > > > > > > Kenya ICT Action Network Condemns Overnight Raid > > > on STANDARD AND KTN Offices > > > > > > > > 3 March 2006 > > > > > > > > > > > > > > > > > > > > > > > > are shocked and outraged > > > > by the recent actions meted by the government on > > > the standard group. > > > > > > > > > > > > > > > > On Wednesday, 1 March 2006, the Government of > > > Kenya launched an > > > > unprecedented and vicious attack on the STANDARD > > > GROUP premises, harassed > > > > the journalists, confiscated equipment, > > > interrupted TV transmission and > > > > burned copies of the day's newspaper edition. > > > > > > > > > > > > > > > > The Government has detained and continues to hold > > > in detention three > > > > Standard journalists apparently for misreporting > > > that a leading opposition > > > > politician had secretly met the President at > > > State House. > > > > > > > > > > > > > > > > When interviewed, the Internal Security Minister > > > Hon. Muchuki did not deny > > > > the government's involvement in this horrifying > > > event of March 1st stating > > > > state security as the reason behind the > > > government's actions. > > > > > > > > > > > > > > > > We see this as crude and gross abuse of power and > > > our constitution. > > > > > > > > At a recent ICT strategy conference held at the > > > safari park hotel his > > > > Excellency the president of Kenya unveiled > > > Kenya's ICT strategy, whose main > > > > objective is " transforming Kenya's economy > > > through promoting and > > > > facilitating the private sector to serve as the > > > driver for economic > > > > development". This crude action contradicts the > > > government's recent > > > > objectives to maintain a favourable climate for > > > investment and creation of > > > > jobs for Kenyan's. No investor would place their > > > money in an environment > > > > where the rule of law and order is disregarded > > > with utmost impunity. > > > > > > > > > > > > > > > > > > > > > > > > This action is also reminiscent of the dark days > > > in Kenya when the media was > > > > constantly harassed in order to suppress the > > > freedom of expression, thought > > > > and association. The action demonstrates that > > > the Government, which is the > > > > custodian of law and order is not committed to > > > the rule of law as the basic > > > > foundation for a modern and civilised society. > > > > > > > > > > > > > > > > Whereas the Government may be validly aggrieved, > > > there are established and > > > > internationally acceptable mechanisms for seeking > > > redress through the courts > > > > of law. The Kenya Telecommunication Act (1998 > > > revised 2001) clearly spells > > > > out the procedures that should be followed in the > > > event that a Media House > > > > needs to be shutdown. > > > > > > > > KICATNet translates this action as an attempt to > > > frighten the independent > > > > media, limit Kenyan's political space and erode > > > our human rights. It is also > > > > a gross violation of our constitution. > > > > > > > > > > > > > > > > KICTANet therefore strongly condemns the > > > government's actions and stands in > > > > solidarity with the Kenyan media and particularly > > > our colleagues at the > > > > standard media group. We take this opportunity > > > to remind the government of > > > > Kenya that the foundation of a sound democracy is > > > the right to information > > > > and freedom of press. > > > > > > > > > > > > > > > > It is therefore imperative that the Government > > > quickly moves to restore not > > > > just investor confidence but also citizens' > > > confidence in protection of our > > > > fundamental human rights and democratic space > > > that has been gained largely > > > > due to a free press. > > > > > > > > > > > > > > > > KICTANet is appalled by the actions and urges the > > > Minister(s) and the > > > > Agency/ies involved to publicly apologise and > > > expeditiously restore the > > > > services of the Media House as well as paying for > > > all the losses that the > > > > standard group have incurred. > > > > > > > > > > > > > > > > Kenya ICT Action Network (KICTANet) > > > > > > > > > > > > Contact Details for the network > > > > > > > > Judy Kimiti > > > > > > > > jkimiti(a)email.kictanet.or.ke > > > > > > > > > > _______________________________________________ > > > kictanet mailing list > > > kictanet(a)kictanet.or.ke > > > http://kictanet.or.ke/mailman/listinfo/kictanet > > > > > > Please unsubscribe or change your options at > > > > > http://kictanet.or.ke/mailman/options/kictanet/sdmalaba%40yahoo.com > > > > > === message truncated === > > > > > > __________________________________________________ > > Do You Yahoo!? > > Tired of spam? Yahoo! Mail has the best spam protection around > > http://mail.yahoo.com > > > > --- > > Submitted by: Sparrow David Malaba - KITC <sdmalaba(a)yahoo.com> > 2006-03-04 03:40:01 EST5 > > (Please reply to original submitter for private communication) > > --- > > You are currently subscribed to kiplist-cl as: > [wainaina.mungai(a)oneworld.net] > > To unsubscribe, forward this message to %%email.unsub%% > > > > > >--- >Submitted by: Wainaina Mungai (One World) <wainaina(a)madeinkenya.org> >2006-03-04 06:33:46 EST5 >(Please reply to original submitter for private communication) >--- >You are currently subscribed to kiplist-cl as: [chunja(a)idrc.or.ke] >To unsubscribe, forward this message to leave-kiplist-cl-121509P(a)lyris.idrc.ca ================================ Charles M.M. Hunja, IT Manager International Development Research Centre P.O. Box 62084 - City Square, Nairobi, Kenya Tel 254 020 2713160/1: Fax: 254 020 2711063 ................................................................................................................................................................ This email (and all other outgoing emails) is certified Virus Free. Checked by MCafee Anti-virus system

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Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices
by Waudo Siganga 06 Mar '06

06 Mar '06

At 03:25 AM 3/4/2006, Wainaina Mungai wrote: >I was under the impression that a "KICTANET statement" is a joint >statement that needs wider consultation so as to legitimise the words >below....because KICTANet does not exist without its membership. I may >have been wrong. Dear All, My sense here is that Colleague Wainaina is questioning the PROCESS (earlier he also questioned the outcome). Firstly, I respect his views even though I may disagree. My experience is that almost all organizations do not exist in a policy vacuum. Every organization and institution represents certain principles, positions, norms and expectations that could be either formally documented or even just tacit. If we talk of the boy scouts or the Red Cross for example everyone has some idea what those institutions stand for, even if they have never read the relevant mandate. This situation has two implications: firstly, that those who join these institutions are SUBSCRIBING to the general positions of those institutions; secondly, it means that a spokesperson for the institution can actually make a pronouncement on an issue reflecting the position of the institution as long as that position is based on existing general positions, expectations or principles of that organization. This further means that in many cases individual members do not necessarily have to be consulted. Sometimes contacting every member would indeed prove impractical, difficult and time consuming (imagine if a Catholic priest had to check with every Catholic before issuing a statement against an abortion incident). I am therefore disagreeing with colleague Wainaina that unless HE (or every KICTANET member) is consulted, a resulted position is not a valid KICTANET position. In this particular instance he has to prove to me that the statement is against what KICTNET generally believes in or stands for, not that he was not consulted. Kind Regards, Waudo Siganga

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Africa s Internet Community to gather in Nairobi in May
by Eric Osiakwan 05 Mar '06

05 Mar '06

Press Release For Immediate Release (Contact; Eric M.K Osiakwan eric(a)afrispa.org, +233.244.386792) Africas Internet Community to gather in Nairobi in May 4th March 2006 - the annual African Internet Forum will this year be held in Nairobi over 18-19 May and is expected to be the largest gathering of Africas expanding Internet community. The African Internet Forum provides an annual platform for ISPs, telecom operators, Internet users, developers, regulators, policy-makers and development agencies to share knowledge on the strategic and business issues related to the Internets development in Africa. The Forum is held under the auspices of the African ISP Association (AfrISPA) and is organized by AITEC in association with Balancing Act. The theme of this years Forum will be Survival of the fittest: How to thrive in the African Internet jungle Announcing the Forum, Russell Southwood CEO of Balancing Act and the forum programme co-ordinator, said: Africas Internet sector is simultaneously facing challenges that could make many of its players more marginal, whilst at the same time seeing enormous potential opportunities opening up for it. This Internet Forum seeks to let participants know what might be about to happen and to offer a briefing on how to avoid being crushed by the larger players. Brian Longwe, GM of AfrISPA, said Time has come for Africas Internet community to take their futures and livelihoods into their own hands. For too long Africa has been dependent on overseas infrastructure and facilities to provide inter-country (and sometimes intra-country) connectivity. A key item on this year Internet Forum agenda will be the issue of Africas ISPs finding ways of making the African backbone network a reality The Forum will follow the Internet training workshops, tutorials and related events being held by AfriNIC and AfNOG in Nairobi in May. AfNOG and AfriNIC are jointly organizing a two-week event that includes the AfNOG Workshop on Network Technology (offering advanced training in a week-long hands-on workshop), several half-day Tutorials, a one-day AfNOG meeting, and a two-day AfriNIC meeting. Further information about the event may be found at <http://www.afnog.org/afnog2006/> and <http://www.afrinic.net/meeting/>. AfNOG Workshop: 7-12 May 2006 (Sunday - Friday) AfNOG Tutorials: 14 May (Sunday) AfNOG Meeting: 15 May (Monday) AfriNIC Meeting: 16-17 May (Tuesday - Wednesday) African Internet Forum: 18-19 May (Thursday Friday) AfrISPA AGM: 19 May (Friday) -- Eric M.K Osiakwan Executive Secretary AfrISPA (www.afrispa.org) Tel: + 233.21.258800 Fax: + 233.21.258811 Cell: + 233.244.386792 Handle: eosiakwan Snail Mail: Pmb 208, Accra-North Office: BusyInternet - 42 Ring Road Central, Accra-North Blog: http://afrispa.skybuilders.com/users/Eric/blog.html Slang: "Tomorrow Now" --

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Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices
by Eric Osiakwan 04 Mar '06

04 Mar '06

Comrades, In a multistakeholder coalition like KICTANET, the principle is that any public engagement on behalf of the network must at least have majority buyin from the caucus. The lack of time to consult is not enough excuse to issue statements that does not even have the sight of members. The above provision does not also stop members of the coalition who have alternate positions to air them in view or otherwise of their minority vote. Eric here ---------- Original Message ---------------------------------- From: "Wainaina Mungai" <wainaina(a)madeinkenya.org> Reply-To: Kenya ICT Policy - kictanet <kictanet(a)kictanet.or.ke> Date: Sat, 04 Mar 2006 14:25:19 +0300 >Hi Malaba, > >I was under the impression that a "KICTANET statement" is a joint statement that needs wider consultation so as to legitimise the words below....because KICTANet does not exist without its membership. I may have been wrong. > >> > > We the members of the Kenya ICT Action Network (KICTANet), a multistakeholder group of organisations > > > and networks from civil society, private >> > > sector, media, academia, and development partners > >Wainaina > > >> -------Original Message------- >> From: David Sparrow Malaba <sdmalaba(a)yahoo.com> >> Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices >> Sent: 04 Mar '06 11:31 >> >> Dear Colleagues, >> I feel that as members of KICTANET, each one of us is >> free including our organizations to take a particular >> stand on any issue or issues at any time as they >> arise. But if Mr. Mungai is suggesting that in future >> we make joint press statements, then that is something >> else, that may perhaps require consultation from >> members. Some events do not provide us with adequate >> opportunity to consult each other. >> >> Let us play our roles even if it means commenting on >> any issue without fear of contradiction or even being >> labeled orvictimised by members. >> >> Kind regards >> David Malaba >> The Computer Society of Kenya >> >> >> --- "Made in Kenya.org" <info(a)madeinkenya.org> wrote: >> >> > Dear all, >> > >> > Just out of curiousity, who was consulted in the >> > drafting of this statement? As a member, I am >> > totally in the dark on this one.AS much as I >> > support the condemnation of the police action, I >> > must distance myself from this one-sided and >> > apparently unilaterally drafted statement that seems >> > to be in denial of the reality in Kenya today. Media >> > freedom is not absolute and Kenyan consumers have a >> > right to access accurate and unbiased information >> > from the media and other sources. >> > >> > The statement will only serve to sanitise misconduct >> > by the local media. KICTANet should not be seen as a >> > trade association where irresponsible media finds >> > solace.I hope that will not be the message >> > KICTANet will pass on to participants at the planned >> > "Media and ICTs workshop next week (March 10-13) in >> > Mombasa. All freedoms, especially the freedom of the >> > press must be exercised with restraint. Media >> > freedom carries with it alot of power and power has >> > corrupted a significant section of our media. >> > >> > The unilateral decision to draft and circulate a >> > statement on behalf of KICTANet despite protests >> > from some members(no matter how few) should not be >> > presented in a manner to imply that it is the >> > collective view of the network. >> > >> > Even the Media Owners Association did a much better >> > job by demanding that its membership exercise >> > responsible journalism. For that, I must >> > congratulate the MoA for exercising objectivity and >> > advice KICTANet to make an honest attempt at such >> > objectivity in future. >> > >> > Sincerely, >> > >> > Wainaina Mungai >> > >> > >-------Original Message------- >> > >From: alice(a)apc.org >> > >Subject: [Kictanet] Kenya ICT Action Network >> > Condemns Overnight Raid on STANDARD AND KTN Offices >> > >Sent: 03 Mar '06 10:27 >> > > >> > >Press Release >> > > >> > >Kenya ICT Action Network Condemns Overnight Raid >> > on STANDARD AND KTN Offices >> > > >> > >3 March 2006 >> > > >> > > >> > > >> > > >> > > > >> > are shocked and outraged >> > >by the recent actions meted by the government on >> > the standard group. >> > > >> > > >> > > >> > >On Wednesday, 1 March 2006, the Government of >> > Kenya launched an >> > >unprecedented and vicious attack on the STANDARD >> > GROUP premises, harassed >> > >the journalists, confiscated equipment, >> > interrupted TV transmission and >> > >burned copies of the days newspaper edition. >> > > >> > > >> > > >> > >The Government has detained and continues to hold >> > in detention three >> > >Standard journalists apparently for misreporting >> > that a leading opposition >> > >politician had secretly met the President at >> > State House. >> > > >> > > >> > > >> > >When interviewed, the Internal Security Minister >> > Hon. Muchuki did not deny >> > >the governments involvement in this horrifying >> > event of March 1st stating >> > >state security as the reason behind the >> > governments actions. >> > > >> > > >> > > >> > >We see this as crude and gross abuse of power and >> > our constitution. >> > > >> > >At a recent ICT strategy conference held at the >> > safari park hotel his >> > >Excellency the president of Kenya unveiled >> > Kenyas ICT strategy, whose main >> > >objective is transforming Kenyas economy >> > through promoting and >> > >facilitating the private sector to serve as the >> > driver for economic >> > >development. This crude action contradicts the >> > governments recent >> > >objectives to maintain a favourable climate for >> > investment and creation of >> > >jobs for Kenyans.No investor would place their >> > money in an environment >> > >where the rule of law and order is disregarded >> > with utmost impunity. >> > > >> > > >> > > >> > > >> > > >> > >This action is also reminiscent of the dark days >> > in Kenya when the media was >> > >constantly harassed in order to suppress the >> > freedom of expression, thought >> > >and association.The action demonstrates that >> > the Government, which is the >> > >custodian of law and order is not committed to >> > the rule of law as the basic >> > >foundation for a modern and civilised society. >> > > >> > > >> > > >> > >Whereas the Government may be validly aggrieved, >> > there are established and >> > >internationally acceptable mechanisms for seeking >> > redress through the courts >> > >of law.The Kenya Telecommunication Act (1998 >> > revised 2001) clearly spells >> > >out the procedures that should be followed in the >> > event that a Media House >> > >needs to be shutdown. >> > > >> > >KICATNet translates this action as an attempt to >> > frighten the independent >> > >media, limit Kenyans political space and erode >> > our human rights. It is also >> > >a gross violation of our constitution. >> > > >> > > >> > > >> > >KICTANet therefore strongly condemns the >> > governments actions and stands in >> > >solidarity with the Kenyan media and particularly >> > our colleagues at the >> > >standard media group.We take this opportunity >> > to remind the government of >> > >Kenya that the foundation of a sound democracy is >> > the right to information >> > >and freedom of press. >> > > >> > > >> > > >> > >It is therefore imperative that the Government >> > quickly moves to restore not >> > >just investor confidence but also citizens >> > confidence in protection of our >> > >fundamental human rights and democratic space >> > that has been gained largely >> > >due to a free press. >> > > >> > > >> > > >> > >KICTANet is appalled by the actions and urges the >> > Minister(s) and the >> > >Agency/ies involved to publicly apologise and >> > expeditiously restore the >> > >services of the Media House as well as paying for >> > all the losses that the >> > >standard group have incurred. >> > > >> > > >> > > >> > >Kenya ICT Action Network (KICTANet) >> > > >> > > >> > >Contact Details for the network >> > > >> > >Judy Kimiti >> > > >> > >jkimiti(a)email.kictanet.or.ke >> > > >> > >> > _______________________________________________ >> > kictanet mailing list >> > kictanet(a)kictanet.or.ke >> > http://kictanet.or.ke/mailman/listinfo/kictanet >> > >> > Please unsubscribe or change your options at >> > >> http://kictanet.or.ke/mailman/options/kictanet/sdmalaba%40yahoo.com >> > >> === message truncated === >> >> >> __________________________________________________ >> Do You Yahoo!? >> Tired of spam?Yahoo! Mail has the best spam protection around >> http://mail.yahoo.com >> >> --- >> Submitted by: Sparrow David Malaba - KITC <sdmalaba(a)yahoo.com> 2006-03-04 03:40:01 EST5 >> (Please reply to original submitter for private communication) >> --- >> You are currently subscribed to kiplist-cl as: [wainaina.mungai(a)oneworld.net] >> To unsubscribe, forward this message to leave-kiplist-cl-117112D(a)lyris.idrc.ca >> >> > >_______________________________________________ >kictanet mailing list >kictanet(a)kictanet.or.ke >http://kictanet.or.ke/mailman/listinfo/kictanet > >Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/eric%40afrispa.org > -- Eric M.K Osiakwan Executive Secretary AfrISPA (www.afrispa.org) Tel: + 233.21.258800 Fax: + 233.21.258811 Cell: + 233.244.386792 Handle: eosiakwan Snail Mail: Pmb 208, Accra-North Office: BusyInternet - 42 Ring Road Central, Accra-North Blog: http://afrispa.skybuilders.com/users/Eric/blog.html Slang: "Tomorrow Now" --

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Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on
by Eric Osiakwan 04 Mar '06

04 Mar '06

Comrades, In a multistakeholder coalition like KICTANET, the principle is that any public engagement on behalf of the network must at least have majority buyin from the caucus. The lack of time to consult is not enough excuse to issue statements that does not even have the sight of members. The above provision does not also stop members of the coalition who have alternate positions to air them in view or otherwise of their minority vote. Eric here ---------- Original Message ---------------------------------- From: "Wainaina Mungai" <wainaina(a)madeinkenya.org> Reply-To: Kenya ICT Policy - kictanet <kictanet(a)kictanet.or.ke> Date: Sat, 04 Mar 2006 14:25:19 +0300 >Hi Malaba, > >I was under the impression that a "KICTANET statement" is a joint statement that needs wider consultation so as to legitimise the words below....because KICTANet does not exist without its membership. I may have been wrong. > >> > > We the members of the Kenya ICT Action Network (KICTANet), a multistakeholder group of organisations > > > and networks from civil society, private >> > > sector, media, academia, and development partners > >Wainaina > > >> -------Original Message------- >> From: David Sparrow Malaba <sdmalaba(a)yahoo.com> >> Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices >> Sent: 04 Mar '06 11:31 >> >> Dear Colleagues, >> I feel that as members of KICTANET, each one of us is >> free including our organizations to take a particular >> stand on any issue or issues at any time as they >> arise. But if Mr. Mungai is suggesting that in future >> we make joint press statements, then that is something >> else, that may perhaps require consultation from >> members. Some events do not provide us with adequate >> opportunity to consult each other. >> >> Let us play our roles even if it means commenting on >> any issue without fear of contradiction or even being >> labeled orvictimised by members. >> >> Kind regards >> David Malaba >> The Computer Society of Kenya >> >> >> --- "Made in Kenya.org" <info(a)madeinkenya.org> wrote: >> >> > Dear all, >> > >> > Just out of curiousity, who was consulted in the >> > drafting of this statement? As a member, I am >> > totally in the dark on this one.AS much as I >> > support the condemnation of the police action, I >> > must distance myself from this one-sided and >> > apparently unilaterally drafted statement that seems >> > to be in denial of the reality in Kenya today. Media >> > freedom is not absolute and Kenyan consumers have a >> > right to access accurate and unbiased information >> > from the media and other sources. >> > >> > The statement will only serve to sanitise misconduct >> > by the local media. KICTANet should not be seen as a >> > trade association where irresponsible media finds >> > solace.I hope that will not be the message >> > KICTANet will pass on to participants at the planned >> > "Media and ICTs workshop next week (March 10-13) in >> > Mombasa. All freedoms, especially the freedom of the >> > press must be exercised with restraint. Media >> > freedom carries with it alot of power and power has >> > corrupted a significant section of our media. >> > >> > The unilateral decision to draft and circulate a >> > statement on behalf of KICTANet despite protests >> > from some members(no matter how few) should not be >> > presented in a manner to imply that it is the >> > collective view of the network. >> > >> > Even the Media Owners Association did a much better >> > job by demanding that its membership exercise >> > responsible journalism. For that, I must >> > congratulate the MoA for exercising objectivity and >> > advice KICTANet to make an honest attempt at such >> > objectivity in future. >> > >> > Sincerely, >> > >> > Wainaina Mungai >> > >> > >-------Original Message------- >> > >From: alice(a)apc.org >> > >Subject: [Kictanet] Kenya ICT Action Network >> > Condemns Overnight Raid on STANDARD AND KTN Offices >> > >Sent: 03 Mar '06 10:27 >> > > >> > >Press Release >> > > >> > >Kenya ICT Action Network Condemns Overnight Raid >> > on STANDARD AND KTN Offices >> > > >> > >3 March 2006 >> > > >> > > >> > > >> > > >> > > > >> > are shocked and outraged >> > >by the recent actions meted by the government on >> > the standard group. >> > > >> > > >> > > >> > >On Wednesday, 1 March 2006, the Government of >> > Kenya launched an >> > >unprecedented and vicious attack on the STANDARD >> > GROUP premises, harassed >> > >the journalists, confiscated equipment, >> > interrupted TV transmission and >> > >burned copies of the days newspaper edition. >> > > >> > > >> > > >> > >The Government has detained and continues to hold >> > in detention three >> > >Standard journalists apparently for misreporting >> > that a leading opposition >> > >politician had secretly met the President at >> > State House. >> > > >> > > >> > > >> > >When interviewed, the Internal Security Minister >> > Hon. Muchuki did not deny >> > >the governments involvement in this horrifying >> > event of March 1st stating >> > >state security as the reason behind the >> > governments actions. >> > > >> > > >> > > >> > >We see this as crude and gross abuse of power and >> > our constitution. >> > > >> > >At a recent ICT strategy conference held at the >> > safari park hotel his >> > >Excellency the president of Kenya unveiled >> > Kenyas ICT strategy, whose main >> > >objective is transforming Kenyas economy >> > through promoting and >> > >facilitating the private sector to serve as the >> > driver for economic >> > >development. This crude action contradicts the >> > governments recent >> > >objectives to maintain a favourable climate for >> > investment and creation of >> > >jobs for Kenyans.No investor would place their >> > money in an environment >> > >where the rule of law and order is disregarded >> > with utmost impunity. >> > > >> > > >> > > >> > > >> > > >> > >This action is also reminiscent of the dark days >> > in Kenya when the media was >> > >constantly harassed in order to suppress the >> > freedom of expression, thought >> > >and association.The action demonstrates that >> > the Government, which is the >> > >custodian of law and order is not committed to >> > the rule of law as the basic >> > >foundation for a modern and civilised society. >> > > >> > > >> > > >> > >Whereas the Government may be validly aggrieved, >> > there are established and >> > >internationally acceptable mechanisms for seeking >> > redress through the courts >> > >of law.The Kenya Telecommunication Act (1998 >> > revised 2001) clearly spells >> > >out the procedures that should be followed in the >> > event that a Media House >> > >needs to be shutdown. >> > > >> > >KICATNet translates this action as an attempt to >> > frighten the independent >> > >media, limit Kenyans political space and erode >> > our human rights. It is also >> > >a gross violation of our constitution. >> > > >> > > >> > > >> > >KICTANet therefore strongly condemns the >> > governments actions and stands in >> > >solidarity with the Kenyan media and particularly >> > our colleagues at the >> > >standard media group.We take this opportunity >> > to remind the government of >> > >Kenya that the foundation of a sound democracy is >> > the right to information >> > >and freedom of press. >> > > >> > > >> > > >> > >It is therefore imperative that the Government >> > quickly moves to restore not >> > >just investor confidence but also citizens >> > confidence in protection of our >> > >fundamental human rights and democratic space >> > that has been gained largely >> > >due to a free press. >> > > >> > > >> > > >> > >KICTANet is appalled by the actions and urges the >> > Minister(s) and the >> > >Agency/ies involved to publicly apologise and >> > expeditiously restore the >> > >services of the Media House as well as paying for >> > all the losses that the >> > >standard group have incurred. >> > > >> > > >> > > >> > >Kenya ICT Action Network (KICTANet) >> > > >> > > >> > >Contact Details for the network >> > > >> > >Judy Kimiti >> > > >> > >jkimiti(a)email.kictanet.or.ke >> > > >> > >> > _______________________________________________ >> > kictanet mailing list >> > kictanet(a)kictanet.or.ke >> > http://kictanet.or.ke/mailman/listinfo/kictanet >> > >> > Please unsubscribe or change your options at >> > >> http://kictanet.or.ke/mailman/options/kictanet/sdmalaba%40yahoo.com >> > >> === message truncated === >> >> >> __________________________________________________ >> Do You Yahoo!? >> Tired of spam?Yahoo! Mail has the best spam protection around >> http://mail.yahoo.com >> >> --- >> Submitted by: Sparrow David Malaba - KITC <sdmalaba(a)yahoo.com> 2006-03-04 03:40:01 EST5 >> (Please reply to original submitter for private communication) >> --- >> You are currently subscribed to kiplist-cl as: [wainaina.mungai(a)oneworld.net] >> To unsubscribe, forward this message to leave-kiplist-cl-117112D(a)lyris.idrc.ca >> >> > >_______________________________________________ >kictanet mailing list >kictanet(a)kictanet.or.ke >http://kictanet.or.ke/mailman/listinfo/kictanet > >Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/eric%40afrispa.org > -- Eric M.K Osiakwan Executive Secretary AfrISPA (www.afrispa.org) Tel: + 233.21.258800 Fax: + 233.21.258811 Cell: + 233.244.386792 Handle: eosiakwan Snail Mail: Pmb 208, Accra-North Office: BusyInternet - 42 Ring Road Central, Accra-North Blog: http://afrispa.skybuilders.com/users/Eric/blog.html Slang: "Tomorrow Now" --

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Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices
by Wainaina Mungai 04 Mar '06

04 Mar '06

Hi Malaba, I was under the impression that a "KICTANET statement" is a joint statement that needs wider consultation so as to legitimise the words below....because KICTANet does not exist without its membership. I may have been wrong. > > > We the members of the Kenya ICT Action Network (KICTANet), a multistakeholder group of organisations > > > and networks from civil society, private > > > sector, media, academia, and development partners Wainaina > -------Original Message------- > From: David Sparrow Malaba <sdmalaba(a)yahoo.com> > Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > Sent: 04 Mar '06 11:31 > > Dear Colleagues, > I feel that as members of KICTANET, each one of us is > free including our organizations to take a particular > stand on any issue or issues at any time as they > arise. But if Mr. Mungai is suggesting that in future > we make joint press statements, then that is something > else, that may perhaps require consultation from > members. Some events do not provide us with adequate > opportunity to consult each other. > > Let us play our roles even if it means commenting on > any issue without fear of contradiction or even being > labeled or victimised by members. > > Kind regards > David Malaba > The Computer Society of Kenya > > > --- "Made in Kenya.org" <info(a)madeinkenya.org> wrote: > > > Dear all, > > > > Just out of curiousity, who was consulted in the > > drafting of this statement? As a member, I am > > totally in the dark on this one. AS much as I > > support the condemnation of the police action, I > > must distance myself from this one-sided and > > apparently unilaterally drafted statement that seems > > to be in denial of the reality in Kenya today. Media > > freedom is not absolute and Kenyan consumers have a > > right to access accurate and unbiased information > > from the media and other sources. > > > > The statement will only serve to sanitise misconduct > > by the local media. KICTANet should not be seen as a > > trade association where irresponsible media finds > > solace. I hope that will not be the message > > KICTANet will pass on to participants at the planned > > "Media and ICTs workshop next week (March 10-13) in > > Mombasa. All freedoms, especially the freedom of the > > press must be exercised with restraint. Media > > freedom carries with it alot of power and power has > > corrupted a significant section of our media. > > > > The unilateral decision to draft and circulate a > > statement on behalf of KICTANet despite protests > > from some members (no matter how few) should not be > > presented in a manner to imply that it is the > > collective view of the network. > > > > Even the Media Owners Association did a much better > > job by demanding that its membership exercise > > responsible journalism. For that, I must > > congratulate the MoA for exercising objectivity and > > advice KICTANet to make an honest attempt at such > > objectivity in future. > > > > Sincerely, > > > > Wainaina Mungai > > > > > -------Original Message------- > > > From: alice(a)apc.org > > > Subject: [Kictanet] Kenya ICT Action Network > > Condemns Overnight Raid on STANDARD AND KTN Offices > > > Sent: 03 Mar '06 10:27 > > > > > > Press Release > > > > > > Kenya ICT Action Network Condemns Overnight Raid > > on STANDARD AND KTN Offices > > > > > > 3 March 2006 > > > > > > > > > > > > > > > > > are shocked and outraged > > > by the recent actions meted by the government on > > the standard group. > > > > > > > > > > > > On Wednesday, 1 March 2006, the Government of > > Kenya launched an > > > unprecedented and vicious attack on the STANDARD > > GROUP premises, harassed > > > the journalists, confiscated equipment, > > interrupted TV transmission and > > > burned copies of the days newspaper edition. > > > > > > > > > > > > The Government has detained and continues to hold > > in detention three > > > Standard journalists apparently for misreporting > > that a leading opposition > > > politician had secretly met the President at > > State House. > > > > > > > > > > > > When interviewed, the Internal Security Minister > > Hon. Muchuki did not deny > > > the governments involvement in this horrifying > > event of March 1st stating > > > state security as the reason behind the > > governments actions. > > > > > > > > > > > > We see this as crude and gross abuse of power and > > our constitution. > > > > > > At a recent ICT strategy conference held at the > > safari park hotel his > > > Excellency the president of Kenya unveiled > > Kenyas ICT strategy, whose main > > > objective is transforming Kenyas economy > > through promoting and > > > facilitating the private sector to serve as the > > driver for economic > > > development. This crude action contradicts the > > governments recent > > > objectives to maintain a favourable climate for > > investment and creation of > > > jobs for Kenyans. No investor would place their > > money in an environment > > > where the rule of law and order is disregarded > > with utmost impunity. > > > > > > > > > > > > > > > > > > This action is also reminiscent of the dark days > > in Kenya when the media was > > > constantly harassed in order to suppress the > > freedom of expression, thought > > > and association. The action demonstrates that > > the Government, which is the > > > custodian of law and order is not committed to > > the rule of law as the basic > > > foundation for a modern and civilised society. > > > > > > > > > > > > Whereas the Government may be validly aggrieved, > > there are established and > > > internationally acceptable mechanisms for seeking > > redress through the courts > > > of law. The Kenya Telecommunication Act (1998 > > revised 2001) clearly spells > > > out the procedures that should be followed in the > > event that a Media House > > > needs to be shutdown. > > > > > > KICATNet translates this action as an attempt to > > frighten the independent > > > media, limit Kenyans political space and erode > > our human rights. It is also > > > a gross violation of our constitution. > > > > > > > > > > > > KICTANet therefore strongly condemns the > > governments actions and stands in > > > solidarity with the Kenyan media and particularly > > our colleagues at the > > > standard media group. We take this opportunity > > to remind the government of > > > Kenya that the foundation of a sound democracy is > > the right to information > > > and freedom of press. > > > > > > > > > > > > It is therefore imperative that the Government > > quickly moves to restore not > > > just investor confidence but also citizens > > confidence in protection of our > > > fundamental human rights and democratic space > > that has been gained largely > > > due to a free press. > > > > > > > > > > > > KICTANet is appalled by the actions and urges the > > Minister(s) and the > > > Agency/ies involved to publicly apologise and > > expeditiously restore the > > > services of the Media House as well as paying for > > all the losses that the > > > standard group have incurred. > > > > > > > > > > > > Kenya ICT Action Network (KICTANet) > > > > > > > > > Contact Details for the network > > > > > > Judy Kimiti > > > > > > jkimiti(a)email.kictanet.or.ke > > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)kictanet.or.ke > > http://kictanet.or.ke/mailman/listinfo/kictanet > > > > Please unsubscribe or change your options at > > > http://kictanet.or.ke/mailman/options/kictanet/sdmalaba%40yahoo.com > > > === message truncated === > > > __________________________________________________ > Do You Yahoo!? > Tired of spam? Yahoo! Mail has the best spam protection around > http://mail.yahoo.com > > --- > Submitted by: Sparrow David Malaba - KITC <sdmalaba(a)yahoo.com> 2006-03-04 03:40:01 EST5 > (Please reply to original submitter for private communication) > --- > You are currently subscribed to kiplist-cl as: [wainaina.mungai(a)oneworld.net] > To unsubscribe, forward this message to leave-kiplist-cl-117112D(a)lyris.idrc.ca > >

1 0

Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices
by Made in Kenya.org 04 Mar '06

04 Mar '06

Dear all, Just out of curiousity, who was consulted in the drafting of this statement? As a member, I am totally in the dark on this one. AS much as I support the condemnation of the police action, I must distance myself from this one-sided and apparently unilaterally drafted statement that seems to be in denial of the reality in Kenya today. Media freedom is not absolute and Kenyan consumers have a right to access accurate and unbiased information from the media and other sources. The statement will only serve to sanitise misconduct by the local media. KICTANet should not be seen as a trade association where irresponsible media finds solace. I hope that will not be the message KICTANet will pass on to participants at the planned "Media and ICTs workshop next week (March 10-13) in Mombasa. All freedoms, especially the freedom of the press must be exercised with restraint. Media freedom carries with it alot of power and power has corrupted a significant section of our media. The unilateral decision to draft and circulate a statement on behalf of KICTANet despite protests from some members (no matter how few) should not be presented in a manner to imply that it is the collective view of the network. Even the Media Owners Association did a much better job by demanding that its membership exercise responsible journalism. For that, I must congratulate the MoA for exercising objectivity and advice KICTANet to make an honest attempt at such objectivity in future. Sincerely, Wainaina Mungai > -------Original Message------- > From: alice(a)apc.org > Subject: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > Sent: 03 Mar '06 10:27 > > Press Release > > Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > > 3 March 2006 > > > > > > We the members of the Kenya ICT Action Network (KICTANet), a multi > stakeholder group of organisations and networks from civil society, private > sector, media, academia, and development partners are shocked and outraged > by the recent actions meted by the government on the standard group. > > > > On Wednesday, 1 March 2006, the Government of Kenya launched an > unprecedented and vicious attack on the STANDARD GROUP premises, harassed > the journalists, confiscated equipment, interrupted TV transmission and > burned copies of the days newspaper edition. > > > > The Government has detained and continues to hold in detention three > Standard journalists apparently for misreporting that a leading opposition > politician had secretly met the President at State House. > > > > When interviewed, the Internal Security Minister Hon. Muchuki did not deny > the governments involvement in this horrifying event of March 1st stating > state security as the reason behind the governments actions. > > > > We see this as crude and gross abuse of power and our constitution. > > At a recent ICT strategy conference held at the safari park hotel his > Excellency the president of Kenya unveiled Kenyas ICT strategy, whose main > objective is transforming Kenyas economy through promoting and > facilitating the private sector to serve as the driver for economic > development. This crude action contradicts the governments recent > objectives to maintain a favourable climate for investment and creation of > jobs for Kenyans. No investor would place their money in an environment > where the rule of law and order is disregarded with utmost impunity. > > > > > > This action is also reminiscent of the dark days in Kenya when the media was > constantly harassed in order to suppress the freedom of expression, thought > and association. The action demonstrates that the Government, which is the > custodian of law and order is not committed to the rule of law as the basic > foundation for a modern and civilised society. > > > > Whereas the Government may be validly aggrieved, there are established and > internationally acceptable mechanisms for seeking redress through the courts > of law. The Kenya Telecommunication Act (1998 revised 2001) clearly spells > out the procedures that should be followed in the event that a Media House > needs to be shutdown. > > KICATNet translates this action as an attempt to frighten the independent > media, limit Kenyans political space and erode our human rights. It is also > a gross violation of our constitution. > > > > KICTANet therefore strongly condemns the governments actions and stands in > solidarity with the Kenyan media and particularly our colleagues at the > standard media group. We take this opportunity to remind the government of > Kenya that the foundation of a sound democracy is the right to information > and freedom of press. > > > > It is therefore imperative that the Government quickly moves to restore not > just investor confidence but also citizens confidence in protection of our > fundamental human rights and democratic space that has been gained largely > due to a free press. > > > > KICTANet is appalled by the actions and urges the Minister(s) and the > Agency/ies involved to publicly apologise and expeditiously restore the > services of the Media House as well as paying for all the losses that the > standard group have incurred. > > > > Kenya ICT Action Network (KICTANet) > > > Contact Details for the network > > Judy Kimiti > > jkimiti(a)email.kictanet.or.ke >

2 1

WIPO treaty may remove South's ability to decide on patents
by Dorcas Muthoni 03 Mar '06

03 Mar '06

<http://www.wipo.int/meetings/2006/scp_of_ge_06/en/scp_of_ge_06_inf1.html> SUNS #5977 Thursday 2 March 2006 New WIPO treaty may remove South's ability to decide on patents Geneva, 28 Feb (Martin Khor) -- Developing countries risk losing their present flexibility to decide on the standards for granting patents if developed countries' proposals for a new WIPO treaty on patents are adopted. This warning was given by an expert on intellectual property law in a paper distributed at the WIPO Open Forum on the draft Substantive Patent Law Treaty (SPLT) which started in Geneva on Wednesday. Professor Carlos Correa of the University of Buenos Aires, who is a renowned authority on intellectual property and development issues, said the developed countries had proposed a uniform definition to key aspects determining the scope of patentability for the SPLT, which is being negotiated in WIPO. Under the TRIPS Agreement of the WTO, Members are allowed to adopt their own definitions on all the concepts proposed for harmonization in the SPLT (i. e. definition of prior art, grace period, novelty and inventive step). Thus, TRIPS provides the WTO Members with flexibility to design their patent regimes. However, if the developed countries' proposals in the SPLT are adopted, the harmonization of patent standards would eliminate the room that countries have retained to decide what an 'invention' is and how the patentability standards are determined. Correa is a speaker on the opening day of the three-day WIPO open forum. His paper, "An Agenda For Patent Reform And Harmonization For Developing Countries" is available on the WIPO website, together with papers of other speakers. The forum was mandated by the WIPO General Assembly as part of an attempt to break the impasse in the negotiations on the SPLT. The developed countries are pushing for a new patent treaty that harmonises national patent laws in order to have common treatment of aspects including prior art, grace period, novelty, and inventive step. Many developing countries are opposed to this narrow agenda and want the treaty to address public interest flexibilities, anti-competitive practices and disclosure in patent applications of the source of origin of genetic resources and traditional knowledge. An informal meeting of the WIPO's Standing Committee on Patents will be held on 10-12 April to discuss how the work on the SPLT is to proceed, taking into account the results of the forum. Correa's paper gives an account of the patent harmonization process in WIPO (of which the SPLT negotiations are a major part) and analyses its implications for developing countries. According to the paper, the patent system contains serious distortions and there is need for a "deep re-examination" of how it operates in different countries. Correa warned that the patent harmonization process under WIPO overlooks the problems of the system, nor is it intended to adapt the system to the needs of the developing countries. "The harmonization process poses a significant challenge and creates a number of risks for developing countries," said Correa, adding that there are no convincing reasons for the developing countries to support the process, if it proceeds further on the basis of the proposals of the major developed countries. Correa also warned that it would be a great disservice to developing countries if they were induced through WIPO processes to import features of a patent regime that is growingly seen as malfunctioning in developed countries, and often stifling rather than promoting innovation. The paper recalled that in 2001, WIPO's Director-General Dr Kamil Idris launched a 'Patent Agenda' whose main emphasis has been to facilitate the acquisition of patent protection in foreign countries by making the system more user-friendly, cost effective and secure. The main purpose of the Patent Agenda, as set out by the WIPO Director-General is, therefore, to create mechanisms whereby inventors and industry have access to national, regional and international patent protection systems that enable them to obtain, maintain and enforce their patents globally. "Development objectives are completely absent from the initiative," said Correa. "No assessment was provided about the benefits and costs of the proposed harmonization, particularly as it would eliminate the room that countries have retained to decide what an 'invention' is and how the patentability standards are determined. "The proposed Agenda failed to acknowledge the major problems that the patent system currently face, as a result of the application of lax patentability criteria, the asymmetries in the ability to use it due to high enforcement costs, and the disadvantages of patent policy harmonization for different levels of economic and technological development." One component of the Patent Agenda is the development of an SPLT. As originally conceived in 2000, the SPLT was to have a wide agenda of issues. But due to resistance from developing countries and disagreement among developed countries on some provisions, the developed countries opted for a more gradual approach. The US, Japan and the EU suggested (in what is known as the trilateral approach) to limit immediate discussions to a narrow but important set of four issues: definition of prior art; grace period; novelty; and non-obviousness/Inventive Step. "The issues suggested for this initial phase of harmonization are crucial. If agreed upon, they would provide a uniform definition to key aspects determining the scope of patentability," said Correa. In order to push forward this proposal, WIPO's Director-General convened 'informal consultations' concerning future sessions of the Standing Committee on Patents in Casablanca, in February 2005. Widely criticized for lack of transparency and the attempt to give undue weight to the outcome of the meeting, this process was unable to move the negotiations further. At the WIPO Assemblies held in September 2005, a compromise was reached to continue work at the SCP. Correa said that the 'Trilateral proposal' aims at addressing key issues concerning the patentability standards. These concepts determine the extent of knowledge that may be detracted from the public domain and subject to exclusive rights for a minimum twenty years' period. The TRIPS Agreement does allow Members to adopt their own definitions on all these concepts, thereby providing Members flexibility to design their patent regimes. The paper examines the proposals on the four issues. On the first issue of prior art, the eventual harmonization of this concept would require agreement on a number of issues on which national laws differ, notably: Non-written disclosures; Secret prior commercial use or the offer for sale without disclosure; Disclosures in prior patent applications; Determination of the date of availability to the public; Availability to the public; and Indigenous/traditional knowledge. On the issue of grace period, the application of a grace period (admitted in the US and in many other countries) has raised a significant controversy between the US and European countries, where such period is not provided for. "It expands the scope for patenting, as inventions disclosed during that period would be eligible for protection, notwithstanding that they would have been deemed in the prior art in accordance with the general rule on novelty." On the third issue of novelty, Correa said that the definition of 'novelty' is crucial. Since the TRIPS Agreement allows Members to adopt their own concept, the US, for instance, has been able to maintain its relative novelty standard with regard to the place where disclosures have taken place. Novelty results from the comparison between the existing prior art at the date of filing (or the date of priority) and the claimed invention. In practice, the concept of novelty is narrowly construed by patent offices, requiring in some cases an almost 'photographic' disclosure of the invention in a single prior document in order to consider that novelty does not exist. On the fourth issue of non-obviousness/inventive step, Correa said defining this is one of the most critical aspects of a patent regime, as it determines the level of technical contribution required to obtain protection. As the TRIPS Agreement does not define this concept, Member countries are free to determine whether they want a system under which a myriad of minor, incremental, developments are patentable, or one aimed at rewarding substantive departures from the prior art. The draft SPLT Regulations proposed a low standard for determining inventive step. The claimed invention would be assessed against the general knowledge of an ordinary skilled person, and not against specialized knowledge in a particular field of technology. "Developing countries will be made a great disservice if they were induced, through the WIPO patent harmonization process, technical assistance or other means, to import features of a patent regime that is growingly seen as malfunctioning in developed countries, and often stifling rather than promoting innovation," said Correa. The decline in the patentability standards is one of the factors behind what has been described as the 'intense pathology of the current [patent] system' in the US. "The best policy for developing countries would rather be to establish high standards of inventive step, in order to avoid 'ever-greening' and other patenting strategies aimed at blocking genuine competition and follow-on innovation," said Correa. ['Ever-greening' consists of the patenting of minor changes to or versions of existing products (e. g. formulations, dosage forms, polymorphs, salts, etc.) in order to extend the life of the original patent over an active ingredient.] For instance, the recent reform (2005) of the Indian Patent Law has incorporated an anti-ever-greening provision, which tightens the inventive step requirement as applied to new forms or modifications of existing pharmaceutical products. Correa said that developed countries are likely to pursue negotiations on a 'light' SPLT on the basis of the trilateral proposal. "Quite clearly, it is not in the interest of developing countries to seek either a 'light' SPLT or a more comprehensive SPLT, since they have little to gain from a broader harmonization of substantive patent law," he said. "Developing countries should resist any attempt to limit their capacity to prevent the patenting of developments that do not constitute a real technical contribution to the state of the art." If such countries wished to promote 'minor' innovations, the appropriate policy would not be to lower the patentability requirements, as it is often argued, but to establish utility models (or 'petty patents') that confer less extensive rights than patents or to explore other options, such as the recognition of a remuneration right rather than exclusionary rights. In brief, developing countries should endeavour to keep the existing policy space to determine the level of the 'inventive step'. If negotiations on the prior art and novelty concepts were pursued, developing countries should aim at the recognition of a universal novelty standard that does not discriminate on the basis of the place where non-written disclosures took place. Such a standard could prevent a significant part of the misappropriation of genetic resources and indigenous/traditional knowledge that currently occurs. However, the change of the novelty standard may not be sufficient to prevent bio-piracy if the evidentiary requirements for non-written disclosures made abroad are too complex or stringent, thus making the proof of the existence of prior art too difficult or impossible . If this were the case, there would be little gain for developing countries. In addition, the circumstances under which traditional knowledge may be deemed or not part of the prior art should be explored systematically and incorporated into the discussion. Developing countries should also incorporate into any possible negotiating text an obligation to disclose the origin of genetic materials and associated indigenous/traditional knowledge claimed in patent applications, as demanded by such countries within both WTO and WIPO. In addition to the disclosure of origin obligation, developing countries may seek to incorporate safeguards and other provisions that ensure sufficient flexibilities and a pro-development approach. In fact, those countries had already suggested in the SPLT process some of such provisions, such as exception, public interest exceptions, and compliance with applicable law on other matters. Correa suggested that other provisions may be worked on, including (i) requirement of industrial applicability (as opposed to utility) based on a distinct technical effect of the invention; (ii) best mode as a uniform requirement; (iii) principles and objectives; (iv) transfer of technology; and (v) measures against anti-competitive practices. The paper concludes that "a deep re-examination of the patent system and how it operates in different contexts is called for. The system presents a number of serious distortions that affect its potential role in promoting innovation, particularly in developing countries. "The harmonization process conducted for almost two decades under WIPO's auspices overlooks the problems and asymmetries of the system, and essentially aims at reducing the operational costs for users at a global scale. That process is certainly not intended to address the system's current shortcomings, nor adapting it to the needs of developing countries." Correa added that the harmonization process poses a significant challenge and creates a number of risks for developing countries. While there are no convincing reasons for such countries to support the process, if it proceeds further on the basis of the trilateral or other proposals, three main issues should be considered. Firstly, what objectives developing countries should pursue in responding to the harmonization demands of developed countries? Developing countries should aim at the recognition of a universal novelty requirement and of a disclosure of origin obligation. They should also seek, inter alia, to clarify the treatment of indigenous/traditional knowledge as part of prior art. The ability to determine the required level of inventive step should not be negotiable; in particular, no proposals should be admitted that allow for a low inventive step standard for the granting of patents. Developing countries should consider means alternative to patents to promote minor innovations, if suitable to their developments needs. Secondly, how feasible and practical do these proposals have to be in order to gain support from other stakeholders and to be successfully carried forward in international fora? Although developing countries should seek the elaboration of a scientifically-based development assessment on the general implications of the proposed harmonization process, they should also elaborate concrete proposals on the issues put on the table by developed countries, as well as those that are of interest to developing countries, such as those mentioned above. Thirdly, which could be the areas of the respective reform processes where coalitions could be built between developing and developed partners? There are specific areas in which agreements with some developed countries may be reached. Thus, European countries are likely to support demands for a truly universal novelty requirement, while the US may support the consideration of prior patent applications as part of the prior art for both novelty and inventive step. Developing countries negotiating strategies should try to ably capitalize on the divergences that exist between developed countries in order to advance their own agenda in the process. + _______________________________________________ incom-l mailing list incom-l(a)incommunicado.info http://mail.kein.org/mailman/listinfo/incom-l

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RE: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid o n STANDARD AND KTN Offices
by James Nguo 03 Mar '06

03 Mar '06

Dear ALL, I take Wainaina's sentiments that KICTANet should issue a statement but we need to consult and agree on some facts in the statements. James Nguo Regional Director Arid Lands Information Network-Eastern Africa (ALIN-EA), P.O. Box 10098, 00100 G.P.O. Nairobi, Kenya, AAYMCA Building, Along State House Crescent, Off State House Avenue. Tel +254 20 2731557 Telefax +254 20 2737813 Email: james(a)alin.or.ke Website: www.alin.or.ke ------------------------------------------------------------- Enriched livelihoods of the people in arid areas of Eastern Africa through targeted information support and facilitation of information exchange -----Original Message----- From: Made in Kenya.org [mailto:info@madeinkenya.org] Sent: 03 March 2006 14:38 To: james(a)alin.or.ke Cc: KIPlist Subject: Re: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices Dear all, Just out of curiousity, who was consulted in the drafting of this statement? As a member, I am totally in the dark on this one. AS much as I support the condemnation of the police action, I must distance myself from this one-sided and apparently unilaterally drafted statement that seems to be in denial of the reality in Kenya today. Media freedom is not absolute and Kenyan consumers have a right to access accurate and unbiased information from the media and other sources. The statement will only serve to sanitise misconduct by the local media. KICTANet should not be seen as a trade association where irresponsible media finds solace. I hope that will not be the message KICTANet will pass on to participants at the planned "Media and ICTs workshop next week (March 10-13) in Mombasa. All freedoms, especially the freedom of the press must be exercised with restraint. Media freedom carries with it alot of power and power has corrupted a significant section of our media. The unilateral decision to draft and circulate a statement on behalf of KICTANet despite protests from some members (no matter how few) should not be presented in a manner to imply that it is the collective view of the network. Even the Media Owners Association did a much better job by demanding that its membership exercise responsible journalism. For that, I must congratulate the MoA for exercising objectivity and advice KICTANet to make an honest attempt at such objectivity in future. Sincerely, Wainaina Mungai > -------Original Message------- > From: alice(a)apc.org > Subject: [Kictanet] Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > Sent: 03 Mar '06 10:27 > > Press Release > > Kenya ICT Action Network Condemns Overnight Raid on STANDARD AND KTN Offices > > 3 March 2006 > > > > > > We the members of the Kenya ICT Action Network (KICTANet), a multi > stakeholder group of organisations and networks from civil society, private > sector, media, academia, and development partners are shocked and outraged > by the recent actions meted by the government on the standard group. > > > > On Wednesday, 1 March 2006, the Government of Kenya launched an > unprecedented and vicious attack on the STANDARD GROUP premises, harassed > the journalists, confiscated equipment, interrupted TV transmission and > burned copies of the day's newspaper edition. > > > > The Government has detained and continues to hold in detention three > Standard journalists apparently for misreporting that a leading opposition > politician had secretly met the President at State House. > > > > When interviewed, the Internal Security Minister Hon. Muchuki did not deny > the government's involvement in this horrifying event of March 1st stating > state security as the reason behind the government's actions. > > > > We see this as crude and gross abuse of power and our constitution. > > At a recent ICT strategy conference held at the safari park hotel his > Excellency the president of Kenya unveiled Kenya's ICT strategy, whose main > objective is " transforming Kenya's economy through promoting and > facilitating the private sector to serve as the driver for economic > development". This crude action contradicts the government's recent > objectives to maintain a favourable climate for investment and creation of > jobs for Kenyan's. No investor would place their money in an environment > where the rule of law and order is disregarded with utmost impunity. > > > > > > This action is also reminiscent of the dark days in Kenya when the media was > constantly harassed in order to suppress the freedom of expression, thought > and association. The action demonstrates that the Government, which is the > custodian of law and order is not committed to the rule of law as the basic > foundation for a modern and civilised society. > > > > Whereas the Government may be validly aggrieved, there are established and > internationally acceptable mechanisms for seeking redress through the courts > of law. The Kenya Telecommunication Act (1998 revised 2001) clearly spells > out the procedures that should be followed in the event that a Media House > needs to be shutdown. > > KICATNet translates this action as an attempt to frighten the independent > media, limit Kenyan's political space and erode our human rights. It is also > a gross violation of our constitution. > > > > KICTANet therefore strongly condemns the government's actions and stands in > solidarity with the Kenyan media and particularly our colleagues at the > standard media group. We take this opportunity to remind the government of > Kenya that the foundation of a sound democracy is the right to information > and freedom of press. > > > > It is therefore imperative that the Government quickly moves to restore not > just investor confidence but also citizens' confidence in protection of our > fundamental human rights and democratic space that has been gained largely > due to a free press. > > > > KICTANet is appalled by the actions and urges the Minister(s) and the > Agency/ies involved to publicly apologise and expeditiously restore the > services of the Media House as well as paying for all the losses that the > standard group have incurred. > > > > Kenya ICT Action Network (KICTANet) > > > Contact Details for the network > > Judy Kimiti > > jkimiti(a)email.kictanet.or.ke > _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/james%40alin.or.ke

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