- KICTANet - KICTANet

The fight is on. I&M Bank removes Bank to Mpesa charges
by Mwendwa Kivuva 17 Feb '23

17 Feb '23

After introduction of Bank to M-pesa charges; ATMs got heir grove back. More people started withdrawing to pay cash <https://www.standardmedia.co.ke/business/article/2001464713/atms-get-their-…> to reduce their transaction costs. Now, I&M Bank has permanently dropped levy fees <https://www.businessdailyafrica.com/bd/corporate/companies/i-m-bucks-the-tr…> for transferring cash between its platform and mobile wallets, bucking the trend in the sector that has been reinstating the charges since January amid customer outcry. The move will save I&M customers between Sh10 and Sh65, the range the lender was charging after the Central Bank of Kenya (CBK) announced a return of charges on transactions between banks and mobile money wallets. Is the market adopting to consumer behaviour and correcting itself? What will the future look like on the cost of digital cash transfer charges? Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

6 9

Please unsubscribe me from the mailing list
by faith oneya 16 Feb '23

16 Feb '23

Hello, Please unsubscribe me from the mailing list. Best, Faith

4 3

When are companies going to stop blasting us with nuisance SMSs?
by Ali Hussein 16 Feb '23

16 Feb '23

Good people I've been very vocal about these annoying, untargeted, spray-and-pray marketing tactics of many brands. Today I want to demonstrate why they are annoying and have the opposite effect of what they are intended for. And how we can do things better. Bear with me guys as I demonstrate. 1. Pay attention to graphic No.1 below. I give this brand 3k every month. On top of that, I pre-pay at least 4-5k a month for international calls where WhatsApp <https://www.linkedin.com/company/whatsapp./> calls are blocked and it's too cumbersome to get on Zoom <https://www.linkedin.com/company/zoom-video-communications/>, etc, on the fly. Now see my balance of bundles (I'm not being a Luopean, just stating facts. 😀 ). So why then would this brand be hawking to me Kshs 10 worth of bundles every day? 2. Now pay attention to graphic No. 2 below. Why, why, are you annoying me with these unsolicited, untargeted, spray-and-pray SMSs day in and day out? Is there a better way? 3. You bet there is! A rudimentary, no need for AI, Marketing-for-dummies suggestion:- Segment your customers. Prepaid guys with balances to kingdom come don't need to be sent nonsense SMSs or emails telling them to spend Kshs.10 for 500 MB of data when they are sitting on 272 GB of data. Get it? Here are some tools to help you with this:- https://lnkd.in/d4Y7vK6z Segmentation for dummies <https://www.linkedin.com/posts/alihkassim_okrs-wecandobetter-activity-70318…> [image: image.png] C'mon, guys. Let's take this to the next level. Those bulk SMS blasts are just achieving #OKRs <https://www.linkedin.com/feed/hashtag/?keywords=okrs&highlightedUpdateUrns=…> for other people, not you! #WeCanDoBetter <https://www.linkedin.com/feed/hashtag/?keywords=wecandobetter&highlightedUp…> *Ali Hussein* Fintech | Digital Transformation Tel: +254 713 601113 Twitter: @AliHKassim LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.

4 3

VIDEOS: Building a Feminist Internet
by David Indeje 15 Feb '23

15 Feb '23

Dear Listers, How can we counter discourse that challenges oppressive social norms using digital technologies? Through the "Our Voices Our Futures (OVOF)" project, we have developed short videos that create awareness and empower us towards what a Feminist Internet is all about. The Feminist Principles of the Internet are a series of statements that offer a gender and sexual rights lens on critical internet-related rights. The principles are Access, Movements, Economy, Expression, and Embodiment. They aim to provide a framework for women's movements to articulate and explore technology-related issues. Here is a link to the videos. Watch, listen, learn and share without forgetting to subscribe to our channel for more!! https://www.youtube.com/watch?v=8Gz-APT0sQA&list=PLYSO7PoCyXHSSfajweP5THtYq… -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

1 0

Global Digital Compact - Stakeholder Input Needed
by Victor Kapiyo 14 Feb '23

14 Feb '23

Dear Listers, Following the political declaration adopted at the occasion of the United Nations’ 75th anniversary <https://undocs.org/en/A/RES/75/1> in September 2020, the Secretary-General in September 2021 released his report *Our Common Agenda*PDF <https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda…>. The Common Agenda proposes a Global Digital Compact to be agreed at the Summit of the Future in September 2024 through a technology track involving all stakeholders: governments, the United Nations system, the private sector (including tech companies), civil society, grass-roots organizations, academia, and individuals, including youth. The Global Digital Compact is expected to “outline shared principles for an open, free and secure digital future for all”. The Common Agenda report suggests issues that it might cover, including digital connectivity, avoiding Internet fragmentation, providing people with options as to how their data is used, application of human rights online, and promoting a trustworthy Internet by introducing accountability criteria for discrimination and misleading content. Contributions are open by 31 March 2023 - see more information here - https://www.un.org/techenvoy/global-digital-compact Participate in informal consultations led by Sweden and Rwanda - https://www.un.org/techenvoy/global-digital-compact/intergovernmental-proce… Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

4 4

JURISDICTION ON DATA PRIVACY BREACH COMPLAINTS
by Kukubo Masibo 13 Feb '23

13 Feb '23

Recently, there was a thread on the case against Safaricom by it's users on the privacy concerns in light of it's terms and conditions. I remember an argument as to which institution is specialised to handle such complaints - the Constitutional Court or the ODPC. I argued for the latter, here is an interesting case to support that. In Mwangi & another v Naivasha County Hotel t/a Sawela Lodges (Petition E003 of 2021) [2022] KEHC 10975 (KLR) (19 July 2022) (Ruling) The Petitioners alleged that the Respondent took photographs of them during a team building activity at the Respondent’s premises and proceeded to make posts on various social media platforms using the said pictures with the intention of marketing the Respondent’s products. The Petitioners averred that the actions of the Respondent violated their right to privacy as they did not consent to having their photos taken and the used The Court held that the matters raised by the Petitioners fall under the jurisdiction of the Data Protection Commissioner established under the Data Protection Act, 2019 and the Honourable Court acted to discourage invocation of the constitutional process where there exists a parallel or alternative statutory remedy. Will the class action against Safaricom suffer the same fate? And why the difference in jurisprudence emanating from the High Court? Why did they admit the Njeri Wanjiru V Machakos University case and throw this one out? What can be done to ensure the Courts develop consistent and synchronous decisions in this area? Kind regards Meshack K Masibo.

1 0

Post Pandemic Economic Ripple Effects
by catherine kyalo 08 Feb '23

08 Feb '23

Post pandemic economic ripple effects or is it? Currently in Kenya, we are being allowed a limit of only 500 per outpatient visit under NHIF (not sure about inpatient), which by the way does not cover any tests however minute. What can you possibly get done with 500? When did the terms for NHIF change? Meanwhile, Meta Platforms Inc. is asking many of its managers and directors to transition to individual contributor jobs or leave the company as it tries to become more efficient, according to people familiar with the matter. https://www.bloomberg.com/news/articles/2023-02-07/meta-to-ask-many-manager… As if this is not enough, Zoom on Tuesday announced plans to cut about 1,300 workers or 15% of its workforce, citing the need to adjust to the "uncertainty of the global economy" https://www.google.com/amp/s/www.cnbc.com/amp/2023/02/07/zoom-to-lay-off-13… - -

1 0

FULIZA LOSES CLOSE TO SH 500 MILLION TO SCAMMERS
by Victor Kapiyo 08 Feb '23

08 Feb '23

Seems our friends from Mulot are giving Safaricom a run for their money. Great to see that law enforcement are catching up. It will be interesting to see whether ODPP can successfully prosecute the offences and recover the funds. ****** Detectives have uncovered a high level syndicate where scammers have obtained close to Sh500 million through a popular mobile phone platform supported by mobile communication service provider, Safaricom. The service provider through its Fuliza overdraft service where customers can complete their MPESA transactions even when they do not have enough funds in their M-PESA account, lost the money in a well coordinated scheme by eight young men based in Nakuru and Trans-Nzoia counties. Isaack Kipkemoi, Gideon Rono, Maxwell Ributhu, Gideon Kirui, Moses Rono, Collins Kipyegon and Edwin Cheruiyot were arrested at an apartment in Kiamunyi, while the mastermind Peter Gitahi was arrested in Kitale, Trans-Nzoia County following the meticulous operation by our officers. The young men who were found in possession of thousands of Safaricom and Airtel SIM cards were using fraudulently generated identity cards numbers to register the SIM cards before proceeding to borrow money through the application. Detectives began investigations into this well choreographed fraud after a report was filled to the Banking Fraud Investigations Unit (BFIU) in August 2022, after the managers of the fund detected an unusual spike in Fuliza loan uptakes that were way above their performance scale and the borrowers were not repaying the loans. According to sleuths from BFIU, over 123,000 new mobile phone numbers opted into fuliza and took up loans in January 2022. Thereafter, the SIM cards were either fraudulently vacated or switched off and efforts to reach the customers turned futile. It is after further investigations that detectives realized that the SIM cards had been registered fraudulently by one of the suspects identified as Peter Gitahi, who is suspected to have access to the National Registration Bureau database, where he develops falsified identity numbers used in the high profile fraud. Preliminary investigations indicate that after developing the numbers and registering the lines he would sell them to his accomplices based in Nakuru who would then perpetuate the fraud. Further, the detectives uncovered that some of the lines had been registered as Safaricom agents where the borrowed funds would be deposited to personal bank accounts belonging to the individuals, disguised as Mpesa float. The seemingly industrious suspects would initially borrow money and repay thereby improving their credit scores, until the SIM cards achieved their limits when they would borrow for the last time before disposing the SIM card. One identity card would be used to register 5 lines in the daring SIM scam perpetuated by the young men, aged between 24-30 years. The suspects who live large in an apartment at Kiamunyi, have through their craft acquired 2 brand new Subarus, one Toyota Mark X, a Toyota Probox and two motorbikes for their ease of movement. During the operation, the detectives recovered 14 mobicom phones used in registering MPESA user SIM cards, 6laptops over 40 mobile phones, 7 routers, assorted Safaricom lines, over 1000 Safaricom subscribers registration forms, over 200 ATM cards from all major banks, car agreements among other exhibits. Detectives are currently interrogating the suspects for more insights into the high level fraud before arraigning them in court. #FichuakwaDCI 0800 722 203. https://www.facebook.com/100064587441038/posts/pfbid02NrhSdUtRuU9x5wM7yhTmn…

1 0

eFNS Futuristic
by Gerhard May 08 Feb '23

08 Feb '23

Dear all, I have a technical problem with the Government's eFNS platform. Is there anybody fr Futuristic on this list or can somebody provide me a contact please. cheers, -- Gerhard May

2 1

Re: KICTANet Digest, Vol 179, Issue 46
by __ Limo 03 Feb '23

03 Feb '23

unsubscribe me please http://www.bankelele.co.ke Twitter: @bankelele ________________________________ From: kictanet-request(a)lists.kictanet.or.ke <kictanet-request(a)lists.kictanet.or.ke> Sent: Thursday, February 2, 2023 1:47 PM To: Bankelele <bankelele(a)hotmail.com> Subject: KICTANet Digest, Vol 179, Issue 46 Send KICTANet mailing list submissions to kictanet(a)lists.kictanet.or.ke To subscribe or unsubscribe via email, send a message with subject or body 'help' to kictanet-request(a)lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner(a)lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of KICTANet digest..." Today's Topics: 1. Re: KRA Should Keep of MPESA (Kukubo Masibo) 2. Re: Users allowed to sue Safaricom over clients bank details access (Kukubo Masibo) 3. Re: Users allowed to sue Safaricom over clients bank details access (James Mbugua) ---------------------------------------------------------------------- Message: 1 Date: Thu, 2 Feb 2023 12:15:22 +0300 From: Kukubo Masibo <kukubomasibo(a)gmail.com> Subject: [kictanet] Re: KRA Should Keep of MPESA To: "Kenya's premier ICT Policy engagement platform" <kictanet(a)lists.kictanet.or.ke> Message-ID: <CABMDN854Hbu4vjg11WbgfOKRoN1rcaN-A_mg+mVjdWuVwuudRg(a)mail.gmail.com> Content-Type: multipart/alternative; boundary="000000000000e3186205f3b40176" Interesting article James, I am also curious whether KRA has conducted a Data Protection Impact Assessment to assess the risks to personal data that come with the exercise and to introduce sufficient safeguards. Best regards, On Mon, Jan 30, 2023 at 11:44 AM James Mbugua via KICTANet < kictanet(a)lists.kictanet.or.ke> wrote: > Listers, > > See copied below unabridged version. > > Regards, > > JG > > KRA ACCESS TO M-PESA TRANSACTIONS IS A GRAVE THREAT TO PRIVACY ON DATA > PROTECTION WEEK > BY JAMES MBUGUA > As the Kenyan government looks for new ways to increase revenue collection > and curb tax cheating, the Kenya Revenue Authority has announced plans to > gain direct and warrantless access to M-Pesa transactions. While the > intentions of (KRA) may be noble, the methods proposed raise serious > concerns about privacy rights and the protection of personal data. > In fact, they constitute illegal searches and seizures contrary to Article > 31 of the Constitution of Kenya, and well established jurisprudence on > privacy rights from around the world. > Article 31 provides for the right to privacy and states that every person > has the right to privacy, which includes the right not to have their > person, home or property searched; their possessions seized; information > relating to their family or private affairs unnecessarily required or > revealed; or the privacy of their communications infringed. > Kenya’s Data Protection Act of 2019, provides in Section 4 that a data > subject’s consent must be sought before their data is collected and > processed. Section 15 requires data controllers to obtain a warrant from a > court of law before accessing personal data. This is to ensure that the > collection, processing and sharing of personal data is necessary and > proportionate. > The High Court of Kenya, in the case of Center for Rights Education and > Awareness (CREAW) v Attorney General [2013] , as well as in Maina Kiai v > Attorney General held that the government's surveillance of citizens' > communications without a warrant is a violation of the right to privacy > protected under the Constitution. > KRA’s proposal in the Budget Policy Statement released by the National > Treasury last week, ironically came on the eve of Data Protection Week when > the world marks the International Data Protection Day, on 28th January. > In Europe, whose General Data Protection Regulation (GDPR) we largely > modelled our Act on, the principle of necessity and proportionality, in > collection of personal data, has repeatedly been upheld by courts when > government agencies have tried to access citizens’ telecommunications > information without warrants. The courts have ruled that general and > indiscriminate retention of personal data is incompatible with EU laws and > constitutional rights, because it represents a serious interference with > the right to privacy and the protection of personal data > In the Digital Rights Ireland vs. Minister for Communications case, as > well as another called the Tele2 case, the European Court of Justice (ECJ) > ruled that a law requiring telecommunications service providers to retain > traffic and location data for a period specified by national law in order > to detect, investigate and prosecute crime was invalid. The Court > emphasized that any interference with the right to privacy and the > protection of personal data must be proportionate to the legitimate aim > pursued. > These cases reinforced the principle that any data retention measures must > be limited to what is strictly necessary to achieve a legitimate aim. > In Kenya’s case, it can be argued that KRA can achieve its mandate through > other means without large scale surveillance and interference with people’s > privacy. > Further, granting KRA unfettered access to M-Pesa transactions data > without the need for court orders, violates constitutional protection > against illegal searches and seizures, also provided for under Article 31 > of the Constitution. > In the United States, for example, the Supreme Court has ruled that the > government's warrantless access to historical cell phone location data is a > violation of the Fourth Amendment, which protects individuals against > unreasonable searches and seizures. The court found that the collection of > cell phone location data constitutes a search under the Fourth Amendment > and that the government must obtain a warrant based on probable cause > before accessing such data. > In Canada, the Supreme Court has ruled that the government's warrantless > access to historical telecommunications data is a violation of the right to > privacy protected under the Canadian Charter of Rights and Freedoms. The > court found that the collection of telecommunications data constitutes a > search under the Charter and that the government must obtain a warrant > based on a reasonable expectation of privacy before accessing such data. > _______________________________________________ > KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke > -- Meshack K Masibo, Writer|Noisemaker|Lawyer Affiliated with KICTANet kictanet.or.ke

2 1