On Jan 18, 2017, at 2:22 PM, kictanet-request@lists.kictanet.or.ke wrote:

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Today's Topics:

  1. Re: Feedback on the 2016 ICT POLICY - REMINDER No. 7
     (Rosemary Koech-Kimwatu)


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Message: 1
Date: Wed, 18 Jan 2017 14:19:30 +0300
From: Rosemary Koech-Kimwatu <chemukoechk@gmail.com>
To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: Re: [kictanet] Feedback on the 2016 ICT POLICY - REMINDER No.
7
Message-ID:
<CAApgMtw9RsTu02YehMqRorszwa9=Nh0eTgzdC4kSY_ohkr8Z2w@mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Dear Ali,

Thank you for not giving up.

To answer your question to Esther I suggest a three step course of action:-

1. We formally write to the ministry requesting feedback on the query and
demand feedback in a specific time say 14 days because they have had
adequate time to digest the issue.

2. If we get no feedback we will write to the Commission on Administrative
Justice under the Commission of Administrative Justice Act no 23 of 2011
where we will report that the said ministry has failed or is completely
unwilling to engage us in the policy formulation as we are not been made
aware of what the final document is and exactly what the impact of our
input was....this in itself is an injustice to the ICT fraternity
perpetuated by relevant ministry officials.

3. If any policy document is passed before we have been engaged further, we
will file a constitutional petition seeking to render the said document
unconstitutional by virtue of the lack of public participation. In the said
petition we will be seeking an interpretation on the requirement of public
participation and what effect this should have when public bodies engage
the public. Is it just a box to be ticked in the meeting of requirements or
what procedure should be utilised when adopting or discarding public
opinion in the creation of policy? This is so that public participation
does not become an action in futility which I must say it is increasingly
the sad state of affairs. I'm sure the section was not placed in the
constitution to have a decorative effect.

My two cents.

Kind regards,

Rosemary Koech-Kimwatu.
Advocate- FinTech and ICT Policy.


On 18 Jan 2017 07:34, "Grace B via kictanet" <kictanet@lists.kictanet.or.ke>
wrote:

Thank you Ali for keeping the issue alive over all these months.
In addition to the policy, there have been several reports in the news
about a cyber crime Bill that is being developed to be in place before
elections. http://www.ict.go.ke/government-to-curb-cyber-crimes/ and
http://www.the-star.co.ke/news/2016/08/24/cyber-crime-
law-to-be-enforced-before-polls-to-curb-incitement-cs_c1408304

Is the (draft) Bill emanating from the policy framework we participated
in? How can we as a community be able to give input to that Bill as early
as possible in order to avoid the latent expedition of law making processes
that is likely to manifest when Parliament convenes for its last session
before elections?

Regards,


2017-01-18 5:56 GMT+03:00 Ali Hussein via kictanet <
kictanet@lists.kictanet.or.ke>:

Esther

In the event that this request continues to be ignored what recourse do
we have to enforce such said request?

*Ali Hussein*
*Principal*
*Hussein & Associates*
+254 0713 601113 <+254%20713%20601113>

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim

"We are what we repeatedly do. Excellence, therefore, is not an act but a
habit."  ~ Aristotle


Sent from my iPad

On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

Thank you Ali for the 7th Reminder, I am equally concerned as no feedback
on the same has been forthcoming for almost 6 months since July 2016.


Article 35 of the constitution introduced a number of reforms emphasizing
on open-decision making process, citizen participation and the role of
transparency in building up an informed citizenry towards a democratic
nation. In practice, open decision-making is to a large extent realized
through the right of the general public to access documents and Access
to Information Act No. 31 of 2016, breathes life into this.


All documents held by the state with the exceptions as provided for in
section 6 of the Access to information Act. 31 of 2016 are public therefore
the amended Draft ICT Policy document must be provided to the public for
further scrutiny after the comments have been taken into
account. Furthermore, section 4 (3) is very clear on information held by a
public entity or a private body to be provided *expeditiously* at a
reasonable cost. This means that information should be provided with *?speed
and efficiency?* otherwise it undermines this right as well as democracy.
It has been 6 months and counting therefore this right is being undermined.


In this regard I add my voice to request for the amended Draft ICT Policy
to be provided *expeditiously* as provided by the law for further
scrutiny.



Regards,


Esther Kamande

Advocate | Policy Analyst


Twitter: @enkamande




On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

Bwana PS Kyalo

The above refers.

Could you kindly update us on the way forward regarding the 2016 ICT
Policy?

We would like to know how the community can help further and when the
Policy will be become a 'live' document so we can be able to delve into it
and extract the gems that lie therein.

We would also like to know how the multi-stakeholder engagement
benefited the development of the Policy, what was added, removed and the
criteria used to do so. Of course we are also keen to see the final
document.

Thank you and looking forward to your response.

Regards

*Ali Hussein*
*Principal*
*Hussein & Associates*
+254 0713 601113 <+254%20713%20601113>

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim


"Discovery consists in seeing what everyone else has seen and thinking
what no one else has thought".  ~ Albert Szent-Gy?rgyi

Sent from my iPad

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sector in support of the national aim of ICT enabled growth and development.

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share knowledge, don't flame or abuse or personalize, respect privacy, do
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sector in support of the national aim of ICT enabled growth and development.

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