Ali and all, I understand that these are regulations (subsidiary legislation) meaning that they are just meant to make implementation of the main law (KICA) smoother. According to the provisions of the Statutory Instruments Act, the same will still go to Bunge for scrutiny. That said, it is more useful to have wide consultations before the Regulations are finalised. I admit that I did not have enough time to go through all the regulations after the message was posted here. I join in asking the Regulator to consider the following so as to make the process more meaningful: a) Have a stakeholder's forum (even online) to take stakeholders through the rationale for the Regulations. I believe this forum has many people who are interested in critiquing the Regulations from an informed point of view. b) Give stakeholders a bit more time to consider and give input to the Regulations, say a least two -three weeks in January c) Publish the Regulations with incorporated amendments (if any) before taking them to Parliament for scrutiny Regards, 2015-12-30 16:01 GMT+03:00 Kipkemoi Kiptum via kictanet < kictanet@lists.kictanet.or.ke>:
President Ulysses S. Grant (General(Retired)) First Inaugural Address Washington, DC Thursday, March 4, 1869
Citizens of the United States:
Your suffrages having elected me to the office of President of the United States, I have, in conformity to the Constitution of our country, taken the oath of office prescribed therein. I have taken this oath without mental reservation and with the determination to do to the best of my ability all that is required of me. ...
[snip - but not so we loose the message]
...
I shall on all subjects have a policy to recommend, but none to enforce against the will of the people. Laws are to govern all alike—those opposed as well as those who favor them. *I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. *
*Kip*
*A Cruce Salus*
On Wed, Dec 30, 2015 at 2:54 PM, Waithaka Ngigi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
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 <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
http://www.standardmedia.co.ke/mobile/article/2000186538/new-law-tightens-no...
Quite the uproar judging by the comments online.
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