Ali,

It's a trend that's currently happening across the board where the most extreme version of the laws becomes *default‎* and it's only watered down after protests and legal suits.

Very unfortunate.

Waithaka Ngigi

Alliance Technologies
www.at.co.ke 
From: Ali Hussein
Sent: Wednesday, December 30, 2015 2:08 PM
To: KICTAnet ICT Policy Discussions
Cc: Waithaka Ngigi
Subject: Re: [kictanet] Cyber Bill

Waithaka

You raise critical issues. My sense is that before any law or amendment is drafted for 'public debate' (more on this in a minute) shouldn't the constitutional threshold first be met? 

Shouldn't the drafters of these laws and amendments exhibit utmost good faith in relation to the constitution? There is a lot in these drafts that in my humble opinion just do not meet this threshold. 

On the issue of public debate/comments I have hit fatigue levels for one simple reason.

The lack of transparency in the very process of public comments.

Is there someone on this list who can educate us on this process? My questions:-

1. What happens after the comments/debate period expires?
2. Are people's comments incorporated? 
3. Do we receive any feedback regarding our comments?

Please educate us on this. 

The WCIT12 issue is still fresh in some of our minds. The community was engaged vigorously by the previous regime headed by then Minister Poghisio and his PS, Dr. Ndemo. I was in the Kenya Delegation when Dr. Ndemo declined to sign the new treaty due to major issues of contention one of which was Net Neutrality. 

Enter the new regime and we now hear the treaty was later signed by Kenya. No explanation given. No announcement. Zilch. 

For the community to feel that their views are being taken into account there needs to be transparency on how these comments/debates at incorporated and decisions made even before they hit parliament for debate. 

My two cents.

Ali Hussein
Principal
Hussein & Associates
+254 0713 601113 / 0770906375

Twitter: @AliHKassim

Skype: abu-jomo

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

Blog: www.alyhussein.com

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

Sent from my iPad

On 30 Dec 2015, at 10:49 AM, Waithaka Ngigi via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Just wondering,

While at it, why not just get the Red Star OS from North Korea and make it the mandatory OS in Kenya‎?

It is the *constitutional* right of every Kenyan‎ Citizen to PRIVACY which can only be lifted through a very well detailed legal process.

No act of parliament should attempt mass-collection of private data from Kenyan citizens under the guise of fighting Cyber crimes.

Waithaka Ngigi

Alliance Technologies
www.at.co.ke 
From: Josiah Mugambi via kictanet
Sent: Wednesday, December 30, 2015 10:07 AM
To: Ngigi Waithaka
Reply To: KICTAnet ICT Policy Discussions
Cc: Josiah Mugambi
Subject: [kictanet] Cyber Bill

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