- KICTANet - KICTANet

We have failed Kenya, again
by robert yawe 21 Jan '09

21 Jan '09

Hi All, I am ashamed to be an information technology professional, we have failed our country yet again by taking the high road and spending all our time lambasting politicians for issues such as the media bills yet we are no better. Last time I checked there was no profession like politician but there is information technology. Why am I concentrating on a none Obama issue at such a time when the entire world & africa have their eyes facing Washington, because that will not stop crop failures, starvation of innocent children or reduce of fuel costs. Last week's head lines where scary to say the least, our food security reserves where sold off to Sudan & a revelation on the disapperarance of millions of litres of fuel from under the nostrils of KRA, KPC & GOK. Stop that thought, none of this events has anything to do with the media bill as it had not been signed when this activitites where going on & the politicians are not to blame either as they are generally not farmers but peddlers of promises and inuendo. The buck stops here with me & you the so called information technology experts, gurus, kemenyis . . . All we have done is blame the lack of high speed internet access for everthing from failed marriages to space travel, yet we would have spent our energys developing solutions to stop this age old issue of famine and petty theft instead of lamenting over irrelevancies and red herrings. Information is power, thus us as information technology professionals weld more power than even the proverbial pen. So now that I have your undivided attention here is my point, we have proven and tested national wireless connectivity network provided by SafariCom, Zaine & Telkom/Orange yet it takes us 9 months to notice that not enough maize was planted. You tell me what the cost would be to setup a land utilisation database with regular updates, I will not waste my finger grease trying to discuss this you all now this is a no brainer. Fuel disappears from a storage tank and no one noticed it was missing for a whole year until some fellow followed a routine year end procedure of taking stock take an act that resulted in his firing for not getting permission from the chief executive, whose holding the smoking gun I ask? Do KPC & ministry of agriculture actual have IT personnel on their payroll? Fire them, then the entire ICT Board, ICT Secretary to the cabinet, entire staff of the directorate of e-government, entire staff of government information technology services & anyone else who is mandated with the responsibility of advicing government on issues of technology. Not forgetting one Dr. Mutua, yes Dr. Ndemo too. We cannot be discussing call centres, bpo, ID card application monitoring, electronic passport applications, issues that will impact less than 1% of the population while leaving out a strategic issue like food security and fuel supply. Obama as president of the USA, the landing of 3 marine cables & the revision of the media bill is not the fix all for our problems here where we are, the world is at war & if we cannot feed our troops how do we expect to battle? Lets look at technology as a means to an end & not an end in itself. Lets use the available technology to solve real problems as that is the only legacy we can leave behind. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696

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Obama Speech puzzle: read, memorised or simply no script?
by Maina Samson 21 Jan '09

21 Jan '09

The Obama speech puzzle. Obama had a written speech which was infact distributed to media houses before he read it. But watching him present the speech, I was alomost convinced he was reading it off his brain, his own head if you like. Is he a master of reading off teleprompters or do you think he memorised it, or just gave a haphazard/unscripted speech? Samson

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Obama...ICT & media
by Wainaina Mungai 20 Jan '09

20 Jan '09

Back to work... Here's a view of ICT & media policies under the Obama administration - http://www.whitehouse.gov/agenda/technology --- Highlights --- 1. supports control of media to protect 'our children'... 2. supports network neutrality on the Internet... 3. wants to reform Universal Service Fund...so he can spread true broadband all-over the USA... 4. will appoint the first-ever national CTO (Chief Technology Officer) and CIOs for each department ('Ministry')... 5. Protect the right to privacy... 6. Many more... We may want to use the policy brief as a lesson for our own plans. Wainaina -- Sent from my mobile device --- http://www.bungesms.com TWITTER - http://www.twitter.com/bungesms KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network KAMPALA Workshop presentation - http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya…

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Fwd: Call for Papers: 12th Advances in Computer Games Conference, Pamplona, Spain
by waudo siganga 18 Jan '09

18 Jan '09

On Fri, 16 Jan 2009 11:43:04 +0100, "J.W. Hellemons" <J.W.Hellemons(a)uvt.nl> said: > *apolgies for cross posting > > CALL FOR PAPERS: ADVANCES IN COMPUTER GAMES 12 CONFERENCE > > Pamplona, España > 11-13 May 2009 > > H.J. van den Herik and P.H.M. Spronck (editors) > > Tilburg, The Netherlands / Pamplona, España > > The twelfth conference on Advances in Computer Games (ACG12) will be held > in > Pamplona, España, in conjunction with the 17th WCCC and the 14th Computer > Olympiad at El Centro Europe de Empresas e Innovación de Navarra (CIEN). > The > conference commences on Monday May 11 at 12.30-17.00h and will take place > on > three or consecutive days; the other days from 8.30h till 12.30h. The > conference aims in the first place at providing an international forum > for > computer-games researchers presenting new results on ongoing work. The > recent successes of the ACG Conferences and the Computers and Games > conferences have encouraged the organizers to widen their scope and > therefore we encourage contributions on Robotic Pool and Snooker as well > as > on virtual and video games and modern board games. So, we invite > contributors to submit papers on all aspects of research related to > computers and games. Relevant topics include, but are not limited to: (1) > the current state of game-playing programs for classic and modern board > and > card games, (2) the current state of virtual and video games, (3) new > theoretical developments in game-related research, and (4) general > scientific contributions produced by the study of games. Also researchers > on > topics such as (5) social aspects of computer games, (6) cognitive > research > of how humans play games, and (7) issues related to networked games are > invited to submit their contributions. > > Important Dates > Paper Submission February 20, 2009 > Acceptance Notification April 10, 2009 > Camera-ready Papers May 1, 2009 > > Paper Submission Requirements > Papers of 8 to 10 pages are preferred. The maximum length is 12 pages. > The > preferred format for submission is PDF, but Postscript or Word are also > acceptable. The paper must be written in the English language. We expect > to > publish the proceedings in the Lecture Note Series (LNCS/LNAI) format. > Please follow the instructions for authors available at the Springer > LNCS/LNAI Web: http://www.springer.de/comp/lncs/authors.html. > > Refereeing Process > The usual full refereeing process will be executed. Papers will be > refereed > by members of the Programme Committee. In practice, this means that > papers > are accepted if their topic suits the conference and their overall > quality > is acceptable. Accepted papers will be scheduled for presentation during > the > conference and will be printed as conference proceedings. Authors of > accepted papers, or their representatives, are expected to present their > papers at the conference. Notice of acceptance of papers will be sent by > April 10, 2009 to the principal author. Camera-ready papers are due by > May > 1, 2009. > > Registration > Registration Fee Early Late > (On or before April 15) Late (After April 15) > Participants Euro 170 Euro 200 > Students Euro 100 Euro 120 > Admission to the conference and a copy of conference proceedings are > included in the conference registration fee. > > Proceedings > The editing and processing of the contributions to the proceedings will > be > led by Prof. H.J. van den Herik and Dr. P.H.M. Spronck. The proceedings > will > be published in 2009. During the conference participants can order > (additional) copies. > > The Programme Committee consists of: Jaap van den Herik (chair), Pieter > Spronck (co-chair), et al. > > The Organising Committee consists of: Johanna Hellemons (chair), et al. > > More information: Prof.dr. H.J. van den Herik, Tilburg University, TiCC, > P.O. Box 90153, 5000 LE Tilburg, The Netherlands, email: > H.J.vdnHerik(a)uvt.nl > or Johanna Hellemons, email: info(a)icga.org. > > >

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Running commentary from Stakeholders meeting on KCA Amendments
by Brian Longwe 17 Jan '09

17 Jan '09

Hi all, We have just been categorically informed that the recently passec Kenya Communications (Amendment) Act, 2008 is actually in force, effective and totally, completely LAW. We are also informed that it is NOT A MEDIA LAW - there is already a Media Act This is contrary to many who have alleged that the law has been withheld - pending review.... wow..... Brian

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[Fwd: TENDER FOR EVALUATION OF ICT WORK]
by alice 16 Jan '09

16 Jan '09

TENDER FOR EVALUATION WORK EXTERNAL EVALUATION OF ALIN's ICT WORK Specifically the evaluation will focus on: * To evaluate the network activities for the 4 years in relation to service delivery and relevance to country goals, MDGs etc. * To identify ways to increase the relevance, impact, and sustainability of the interventions, and of the project as a whole. * Carry out a technology audit of tools being used for service delivery and propose new tools * To assess the ALIN's structures for service delivery accountability. * To Recommendations improvements in relation to service delivery, partnerships, donors etc. The scope of the external evaluation consultancy will be based on developing tools for gathering comprehensive data from the field that highlights key network impacts and also make recommendations for improvement of ALIN. The general evaluation questions are: what is working, what is not, and why. Main Activities * Review project monitoring reports and meet with relevant project staff at both headquarters and in the field to learn about the range of interventions that the project has been supporting. * In collaboration with the ALIN team develop and agree on an approach for randomly selecting member activities to be visited in the field. The approach should ensure that the sample of selected activities includes a variety of intervention types. * With the help of the ALIN team; prepare a detailed plan for field visits to the selected community sites which includes logistical arrangements. The plan should specify how travel will be done and who will accompany the researchers on the field trips including key informants / members. * With the help of the ALIN team develop a plan for gathering information at the selected project sites. This may include structured interviews with key informants, spontaneous group discussions, and direct observation. Share the plan with the ALIN team for feedback. * Prepare an outline for the project activity reports and for the final overall assessment report. Share the outlines with the ALIN staff for any feedback, and modify as necessary. The plan for field visits and for research will constitute the inception report for the consultancy. * Carry out the plan for field research. * After field visits, the consultant should analyze information obtained from the visits and other sources (applying quantitative and qualitative social science research methods) to draw conclusions about the relevance, sustainability, and impact of the various project activities. * Write draft report summarising the findings from the field research and recommendations for improvement, based on the agreed outline. Present draft report to the ALIN team and stakeholders for review and comment. * Meet with the ALIN and stakeholders teams to discuss the comments and to share experiences of the field research. * Present the final report to the ALIN stakeholders. Please send your expression of interest stating approach, number of days, cost and CVs of people to be involved to; Finance and Administration Manager, Arid Lands Information Network (ALIN), PO Box 10098, 00100 Nairobi GPO, KENYA. e-MAIL: admin(a)alin.or.ke ________________________________________________________________________ __________________________________________________________ James Nguo, Regional Director Arid Lands Information Network | AAYMCA Building, along State House Crescent, Off State House Avenue | P.O. Box 10098 - 00100 G.P.O. Nairobi, KENYA email: james(a)alin.or.ke | Tel +254 20 2731557 | Telefax +254 20 2737813 | website: www.alin.or.ke -----Original Message----- From: alice [mailto:[email protected]] Sent: Thursday, January 15, 2009 5:48 PM To: James Nguo Subject: Re: M&E Hi James Please re-send the message you want disseminated through KICTAnet lists or try and re-send it again to the list. best alice > Hi Alice, > > I had sent a message for expression of interest for M&E for ALIN's > information activities through the KICTANET d-group but this was not > validated for circulation. Any chance this can be done through KICTANET > > Best regards, > > **______________________________________________________________________ ____________________________________________________________** > > **James Nguo**, Regional Director > > **Arid Lands Information Network** | AAYMCA Building, along State > House Crescent, Off State House Avenue | > > P.O. Box 10098 - 00100 G.P.O. Nairobi, KENYA > > **email**: james(a)alin.or.ke <mailto:[email protected]> | **Tel** +254 > 20 2731557 | **Telefax** +254 20 2737813 | **website**: www.alin.or.ke > <http://www.alin.or.ke/> >

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New Study on Internet Pedators by Berman Center
by alice 15 Jan '09

15 Jan '09

------------ Study finds few Internet predators By Brad Stone Published: January 14, 2009 The Internet may not be such a dangerous place for children after all. A task force created by 49 U.S. state attorneys general to look into the problem of sexual solicitation of children online has concluded that there really is not a significant problem. The findings run counter to popular perceptions of online dangers as reinforced by depictions in the media. http://www.iht.com/articles/2009/01/14/america/net.1-407132.php _______________________________________________ apc.forum mailing list apc.forum(a)lists.apc.org http://lists.apc.org/cgi-bin/mailman/listinfo/apc.forum

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Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day
by Jotham Kilimo Mwale 15 Jan '09

15 Jan '09

--- On Tue, 1/13/09, Jotham Kilimo Mwale <jokilimo(a)yahoo.com> wrote: From: Jotham Kilimo Mwale <jokilimo(a)yahoo.com> Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day To: "Faima Basly" <basly1(a)hotmail.com> Cc: kictanet(a)lists.kictanet.or.ke Date: Tuesday, January 13, 2009, 10:50 PM Section 46(H) concerned with the Commission prescribing programme code seems to me a good aspect. The positive aspect is that this section allows the Media to self-regulate in programming (see paragraph after 46(H)(d)) and the Commission will only come in if a media house is not part of this self-regulation mechanism. It is true the paragraph states that the Commission must approve the self-regulation mechanisms by the media but I do not see what is wrong with that. The argument that the Commission is not 'independent' and hence can be influenced by politicians (against who?) does not hold much water because the media is also not independent and has been influenced by the politicians (profits, etc) in the past, and it can happen in the future. In my opinion, the media have been given an opportunity to self-regulate through the Media Council of Kenya, but they have shown they are incapable or not willing to do it. A good example is during the campaign period in 2007 when the political parties came up with 'ugly' advertisements in which they tore into each other in undignified manner. The Media Council did nothing and credit goes to one media house (Nation) that chose not to air such content on their frequencies. This Act, and sections 46(H) and (I) in particular, ensures that in future all media houses will behave like the media house quoted above, self-regulate by conforming to an accepted standard in the society. Regards, Jotham --- On Mon, 1/12/09, Faima Basly <basly1(a)hotmail.com> wrote: From: Faima Basly <basly1(a)hotmail.com> Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day To: jokilimo(a)yahoo.com Cc: kictanet(a)lists.kictanet.or.ke Date: Monday, January 12, 2009, 12:20 PM #yiv367681158 #yiv150853050 .hmmessage P { margin:0px;padding:0px;} #yiv367681158 #yiv150853050 { font-size:10pt;font-family:Verdana;} #yiv367681158 #yiv150853050 .hmmessage P {margin:0px;padding:0px;} #yiv367681158 #yiv150853050 {font-size:10pt;font-family:Verdana;} Mr Walu, I would like to comment on the on this part, For me if the government is serious about a programming code then they must be reasonable about its implementation. It has to be a preventative approach not a punitive one. There are two sides to this coin I suspect the challenge that the media may be reacting to in the fact that the regulator/MinICT has not outlined the standards that will be used to determine appropriateness of content to be aired. so fear, masked as loss of control is driving the emotions through the depleted Ozone layer. By now direction on acceptable pre-watershed standards - attire, storylines, values, genres etc should be published for there to be meaningful debate. We are largely watching programing that is produced in the west and aired at the same time as we air it here, we are making noise because its not a cultural fit. So where are guidelines that follow our own cultures that will determine foreign content on our local TV stations? In any case if it isnt good for the young ones why should it be okay for adults? whats morally eroding for children is morally eroding for adults,I dare say. One side of the coin to me, is one of personal choice, if one feels the program is not age appropriate why is the TV on? Switch it off until news time, so why are we blaming the media, its only out to lure viewwership and make money? Dont get lured . Why does a regulator or government feel the need to exercise moral authority? Will the regulator also Monitor cable and Digital TV showing locally? . Its on kenyan airwaves in kenyan homes watched by kenyan families..The principle will have to be the same. Will there be regulation for Video and DVD libraries - or is it a question of choice to pick porn as opposed to a national geographic DVD? is this not the same as the home TV which one paid for? The other side of the coin, TV stations get into contracts that are worth millions of shillings to secure programming that is competitive and will pull and sustain a certain calibre of viewership which in turn they sell to their advertisers. They also commit way in advance for said programs and cannot wake up and cancel their contracts. It would not suprise me if what is being aired today was committed to in 2007. so there is a real potential loss of money here. Ofcourse they will cry foul. The media has itself to blame as competitiveness for viewership kept raising the bar ... Factors of influence fall far outside the TV nowadays - lets regulate Magazines too while we are at it, novels, PSP's ( lots of violent programs), Music videos, Toys ( have you seen how they dress barbie dolls nowadays?), games etc. The task of creating a programming code is noble indeed, however it will be prepared by humans with varying degrees of socio-cultural influences and it will be interesting to see the rationales behind the programming codes that are set and most important how they will be upheld reasonably without pulling media licenses and cutting programming half way. Engage the media and other stakeholders fully on this process and sanity will prevail. Ms Basly > Date: Mon, 12 Jan 2009 01:46:31 -0800 > From: jwalu(a)yahoo.com > Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day > CC: kictanet(a)lists.kictanet.or.ke > To: basly1(a)hotmail.com > > Folks, > > I know alot has been shared. But no harm reminding us what is good about this Act - under the Broadcast/Media section. My assumption is members have had a chance to go through the enacted amendments - I must admit it is not easy - one must have the relevant Policy, Bill and the Amended Act together. > > However, one easy thing I noted is the bit about the Programming Code - something that tries to regulate what is broadcasted on Radio, TV and on Internet ( the .ke internet I presume). I find this might be a good point to try and bring sanity in terms of reducing the current pornographic bias on our airwaves. > > What do the others feel? Particularly those stakeholders whom am informed are just be coming out of the 1st Consultative Meeting at Serena Hotel this morning? (which incidentally shall reconvene on Thrs 15th Jan 2009 at 11am) > > Any comments? > walu. > > > --- On Mon, 1/12/09, John Walubengo <jwalu(a)yahoo.com> wrote: > > > From: John Walubengo <jwalu(a)yahoo.com> > > Subject: [kictanet] Online Discussion- Broadcast/Media Section:-What are the good Aspects?-1day > > To: jwalu(a)yahoo.com > > Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > > Date: Monday, January 12, 2009, 9:11 AM > > Kenya Communicatoin Ammendment Act –Online Discussion. > > > > Outline Description > > The Kenyan Government has enacted the Kenya Information > > and Communication Amendment Act (2009) - popularly known as > > the ICT Bill/Media Bill and KICTAnet invites comments on the > > same. Kenya ICT Action Network (KICTANet) is a > > multi-stakeholder forum that aims to enhance collaboration > > between > > various Government, Private Sector, Civil Society, > > Academia and others interested in harnessing ICT for > > development. > > > > Program Setting & Description: > > The Act has the following major categories and shall be > > discussed as outlined below: > > i) Broadcasting & Media(3days) > > ii) Information Technology (2days) > > iii) Telecommunication & Radio (2days) > > iv) Postal (1day) > > v) Academia & Socio-Cultural (implied within > > text)-2days > > > > Members shall analyse the Act over a period of two weeks > > and submit their findings for subsequent consideration to > > the Ministry of Information and Communication. > > > > > > Aim: To understand the implications of the Act and make > > recommendations for improvement. > > > > Objective > > 1. To identify and list the possible gaps, amendments and > > additions within the Kenya Communication Ammendment Act > > > > Main Outcomes/Deliverables > > 1. Participants contributions as captured and stored within > > the Online Environment > > 2. Summarised contributions in terms of Action-Items (add, > > amend, delete) > > 3. Face-2-face workshop and Presentation to the ministry. > > > > Kick off today by inviting comments on the good aspects > > within the Broadcasting sections. Tomorrow we review the bad > > and make suggestions for amemdments improvements on > > Wednesday. Floor is open. > > > > > > walu. > > > > > > > > > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > This message was sent to: jwalu(a)yahoo.com > > Unsubscribe or change your options at > > http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > > > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: basly1(a)hotmail.com > Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/basly1%40hotmail.com Invite your mail contacts to join your friends list with Windows Live Spaces. It's easy! Try it! _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jokilimo(a)yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jokilimo%40yahoo.com

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Re: [kictanet] Brian Longwe's Response to Makali
by Harry Delano 15 Jan '09

15 Jan '09

Friends, I suppose it's time for this online debate to come to a close, and take in more of the interventionist steps/measures arising out of the consultative forums currently ongoing.I suppose the goodwill is there, now that everyone is back to their senses and much informed on the legislation ( I'm sure all of us). Based on the strong critique we've all witnessed here, definitely everyone has a point to make. This is not pitting Media against ICT, or vice versa. The simple nugget is that this is our country,and there is a lot that we all need to join forces to get sorted and this is just but a tip of the iceberg. Fundamental socio-economic, and democratic gains attained this far, MUST be responsibly guarded,as we move forward to gain more ground. Many thanks, and hopefully this is closure. Harry -----Original Message----- From: kictanet-bounces+harry=inds.co.ke(a)lists.kictanet.or.ke [mailto:[email protected]] On Behalf Of kictanet-request(a)lists.kictanet.or.ke Sent: Wednesday, January 14, 2009 7:59 PM To: Harry Delano Subject: kictanet Digest, Vol 20, Issue 46 Send kictanet mailing list submissions to kictanet(a)lists.kictanet.or.ke To subscribe or unsubscribe via the World Wide Web, visit http://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request(a)lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner(a)lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..." Today's Topics: 1. Re: Makali's response to brian longwe: KCA 2008-Broadcasting-The Recommendations (Brian Munyao Longwe) 2. Re: Makali's response to brian longwe: KCA 2008-Broadcasting-The Recommendations (Victor Maloi) ---------------------------------------------------------------------- Message: 1 Date: Wed, 14 Jan 2009 18:39:20 +0300 From: Brian Munyao Longwe <blongwe(a)gmail.com> Subject: Re: [kictanet] Makali's response to brian longwe: KCA 2008-Broadcasting-The Recommendations To: "dmakali(a)yahoo.com" <dmakali(a)yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Message-ID: <1EA7B49F-9251-4A1D-A8EB-1AF0139AAF5F(a)gmail.com> Content-Type: text/plain; charset=utf-8; format=flowed; delsp=yes Hey Daudi, No reason not to like me just coz I see things a bit differently. But that's cool, as u already know, I have plenty of haters.... Anyway back to the point. I know that you have personally experienced the abuse of power in the hands of the executive and misguided officials. I have huge respect for your unshaking stand in the face of gross cruelty. But please let me clarify myself. I am not for or against Sec 88. I just see it as a piece of a puzzle which is much bigger and which needs to be looked at from many angles by different people. I hope that you will b at the consultations kesho at Regency so that with others we can discuss appropriate interventions. Best regards bro, Mblayo Sent from my iPhone On 14 Jan 2009, at 4:56 PM, David Makali <dmakali(a)yahoo.com> wrote: > Brian, > I thought you are a nice guy, but now I am beginning to think that > when you run for president (of malawi? hahaha!) i will not vote for > you because i can detect a dictarotial streak in your genes (smile). > Now let me turn to your views, which i hold to be fundamentally wrong > and misguided. To start with, please stop giving sympathetic > interpretations to a bad law. The law is read in the letter (and the > spirit left to the courts). May be you have not suffered injustice and > that is why you espouse such optimism about Sect 88. If you have read > that law, please re-read it to see the venom it has. It can be used > arbitrarily and has no respect to private property or the presumption > of innocence of the victim of its application. > > There are many reasons why i think it is bad law but i will be brief. > The law says that the Minister can declare a public emergency > (NOTE: it has NOTHING to do with the State of Emergency provided for > in the Constitution!).Anything can be a public emergency, including > houseflies at city market. And all that is required is for the > minister to determine it is, and for the purposes of a law, issue a > certificate do declaring, and bar communication between people. What > is worse is that if for instance the minister is wrong and he cannot > return your equipment (at the end of the so-called emergency), he > alone will determine the value to compensate you! > Now, is that fair? What happened to the right to be heard? Due > process? > But that is not grave perhaps. It is your wrong interpretation of > that law that prompts me to respond: > The law, as i havbe stated above, does not come into force during the > period when a State of Emergency has been declared by the President as > laid out under the constitution sect 83. NO, that section brings into > force provisions of section 57 (preservation of public security act). > And what would you say Michuki used when he authorised the attack and > seizure of KTN /Standard Group equipment on the pretext that the group > had infomration prejudicial to state security (his socks were torn, > perhaps)? > As you may have noticed, he has never produced the information, > returned the seized equipment, or compensated them. And as you well > know there was no state of emergency. Good thing is he never cited the > law he employed. Up to now. > Earlier last year, there was no stat eof emergency declared when the > Minister fo Internal security invoked sect 88 to ban live > boradcasting. As you well know, the ministry recapitulated and dropped > the ban when we took them to court. Why? Because it was illegal! > Finally,let me inform you and others that that section, in fact dos > not deal with boradcasting stations but those other communication > installations and short wave radio (call them "over-over") used by > security firms, G4, Cartrack, Taxis and other courier services. > Please do not justify what is patently wrong. > For us in the media, we don't want such arbitrary actions that > threatene our lives and those who invest. So we havbe asked that those > provisions apply to you if you want or so love to keep them. > > For those who have not read, I am reproducing that offending sect > below: > > 88. On the declaration of any public emergency or in the interest > of public safety and tranquility, the Minister for the time being > responsible for internal security may, by order in writing, direct any > officer duly authorized in their behalf, to take temporary possession > of any telecommunication apparatus or any radio communication station > or apparatus within Kenya, and ? > > (d) in the case of radio communication, that any communication or > class of communication shall or shall not be emitted from any radio > communication taken under this section; or > > (e) in the case of telecommunication, that any communication > within Kenya from any person or class of persons relating to any > particular subject shall be intercepted and disclosed to such person > as may be specified in the direction; or > > (f) in the case of postal services, that any postal article or > class or description of postal article in the course of transmission > by post within Kenya shall be intercepted or detained or shall be > delivered to any officer mentioned in the order or shall be disposed > of in such manner as the Minster may direct. > > (2) A certificate signed by the Minster for the time being > responsible for internal security shall be conclusive proof of the > existence of a public emergency, or that any act done under subsection > (1) was done in the public safety or tranquility. > > (3) A telecommunication apparatus constructed, maintained or > operated by any person within Kenya or any postal article which is > sized by any officer duly authorized under subsection (1) (a) shall be > returned to the telecommunication operator at the end of the emergency > or where such apparatus or article is not returned, full compensation > in respect thereof, to be determined by the Minster, shall be paid to > the owner. > > (4) A person aggrieved by a decision of the Minster under > subsection (3) as to the compensation payable in respect of anything > seized under this section may appeal to the High Court within fourteen > days of such decision. > > David > > > --- On Wed, 1/14/09, Brian Longwe <blongwe(a)gmail.com> wrote: > >> From: Brian Longwe <blongwe(a)gmail.com> >> Subject: Re: [kictanet] Day 3 of 10:-KCA 2008-Broadcasting-The >> Recommendations >> To: dmakali(a)yahoo.com >> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> >> Date: Wednesday, January 14, 2009, 2:22 AM I have some slightly >> different views regarding section 88 >> >> Remembering that fact that this section can only be activated during >> a state of emergency, let us remind ourselves that since the infancy >> of this nation there has only been a state of emergency declared >> twice (in over 50 years). >> >> Why? >> >> This is because there are other laws, including the constitution, >> that state, when and how a state of emergency ought to be declared. >> These lay out the specific types of circumstances that MUST prevail >> before such a state is declared, and also who has the authority and >> mandate to declare such a state. >> >> Let us remind ourselves that during a state of emergency we have the >> equivalent of martial law - and the millitary basically have a carte >> blanche to take whatever measures necesarry to preserve the peace. >> >> The reason I say this is because whether section 88 exists or not, if >> a state of emergency is declared, broadcasters will be the first to >> receive urgent attention to ensure controlled dissemination of >> information. >> >> In fact, if the circumstances that would necessitate a state of >> emergency took place it is unlikely that any of the journalists or >> media owners would venture further than their window to peep outside >> and see if everything is OK. >> >> My point is, let us not get too emotional and overreactionary on this >> issue >> - let us keep in sight the greater goals that the KCA Amendments Act >> intends to achieve and let's get to work. >> >> Regards, >> >> Brian >> >> >> On Wed, Jan 14, 2009 at 8:05 AM, John Walubengo <jwalu(a)yahoo.com> >> wrote: >> >>> Thanx for the earlier contributions of Faima and >> Vincent, and more so the >>> recent input from the Hilton Public forum as reported >> by Barrack. I will now >>> go ahead and post the proposed amendments with regard >> to the issues/problems >>> raised yesterday. >>> >>> 1. that the retained 'draconian' clause 88 >> gives unrestricted powers to the >>> two ministers (Internal Security and Information >> Ministers) and their >>> regulatory (CCK) appointees. These Powers enable them >> to declare an >>> emergency and raid media houses. The beef is that >> these powers are likely to >>> be abused particularly because of the heavy Govt >> composition of the >>> Regulatory Authorities who would likely serve their >> appointing authority >>> (Executive) rather than the common good (Public) >>> >>> Recommendation 1: Delete it or ensure that the >> Regulatory Authority (CCK) >>> is farily balanced in term of Board representation >> (i.e Govt, Media, Civil >>> Society, Academia, etc). All proposed Board Members >> must be vetted by >>> Parliament. >>> >>> 2. that the Content Regulation (Programming Code) >> aspects is also flawed in >>> that it is ONLY the Information Minister and his >> appointees who can decide >>> what is prohibited and what is not, what should go on >> air and at what time. >>> >>> Recommendation 2: This bit should be taken to the >> Media Council, whose Act >>> (Media Council Act) should be strengthened to give the >> Media Council some >>> teeth (enforcement) capabilities. >>> >>> 3. that a Signal Distribution Monopoly would be >> enforced given that current >>> broadcasters would need to channel their transmission >> through a licensed >>> signal distributor i.e. dismantle their current >> distribution infrastructure >>> in the likely event that they are not the designated >> signal distributor. >>> >>> Recommendation: ???-Havent picked up this bit of >> recommendation, someone >>> could fill in?. >>> >>> Feel free to make belated contributions on the >> previous themes as well. >>> Tomorrow we enter into the IT section and we shall >> stick to the same format >>> i.e. dissect the Good, the Bad and (the Ugly?) >> Recommendations. >>> >>> walu. >>> >>> >>> >>> >>> >>> >>> _______________________________________________ >>> kictanet mailing list >>> kictanet(a)lists.kictanet.or.ke >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >>> This message was sent to: blongwe(a)gmail.com Unsubscribe or change >>> your options at >>> >> http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail. >> com >>> >> >> >> >> -- >> Brian Munyao Longwe >> e-mail: blongwe(a)gmail.com >> cell: + 254 722 518 744 >> blog : http://zinjlog.blogspot.com >> meta-blog: http://mashilingi.blogspot.com >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: dmakali(a)yahoo.com Unsubscribe or change >> your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo. >> com > > > ------------------------------ Message: 2 Date: Wed, 14 Jan 2009 20:03:22 +0300 From: "Victor Maloi" <victormaloi3(a)gmail.com> Subject: Re: [kictanet] Makali's response to brian longwe: KCA 2008-Broadcasting-The Recommendations To: dmakali(a)yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Message-ID: <6e538b390901140903k70b727a2p2e42ac1d8986a628(a)mail.gmail.com> Content-Type: text/plain; charset="iso-8859-1" Everybody knows very well that when the rating of some specific media house goes down, they chokosa government so that people can be sympatetic. End of Decenber they tried to use my Maasai brother to do the same but this time round the government was smarter. I wish people like Makali can do some research instead of making arguments like an unschooled person. In Australia the arguments of Broadcast are presented in a civilized manner. Please read the attached: Victor Maloi

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KCA Amendment Bill 2008
by evelyne＠kictanet.or.ke 14 Jan '09

14 Jan '09

Dear All, This is to inform you that a stakeholders meeting convened by the Ministry of Information & Communication to discuss the KCA Amendment 2008 will take place tomorrow (15th Jan 2009) at the Lyco Regency Hotel from 10.00am to 4.00pm. Regards, Evelyne Ofwona KICTANet

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