Hi everyone, I understand that this is a Bill emanating from the work of the Senate ICT Committee. After visiting the counties, they saw a gap in cybersecurity and protection of infrastructure. The issue of whether Senate can legislate on this- the Bill will affect Counties and their governments if you read the memorandum. One thing we have learnt from the process of the ICT Practitioners Bill is that legislators/committees appreciate their role under a presidential system. We, wananchi also need to appreciate our role and entry points if our input is to be meaningful... Regards, On 3 Aug 2016 11:20 p.m., "Barrack Otieno via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Looking forwad to the output of the Map excercise @ Nanjira,
Best Regards
On 8/3/16, Nanjira Sambuli <email@nanjira.com> wrote:
Well, there is the matter of whether this is a Senate-level element of legislation, as Alex pointed out.
This cybersecurity space runs a big risk of being over-legislated, without coherence. This is a key finding from the mapping exercise we have been conducting. There is a serious need, not only for harmonisation of bills, but also of efforts to introduce legislative frameworks.
Will share more on our findings at the IGF next week.
On 3 Aug 2016, at 20:57, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Hi Nanjira, Alex and Listers,
I have perused the bill and have the following observations:
1. This bill is Sponsored by Hon Mutahi Kagwe Chairman of the Senate ICT Commitee whereas the Computer and Cybercrimes bill is Sponsored by Leader of the Majority Hon Duale 2. Both bills share the same objective, i have observed that Hon Duale's bill which was discussed on KICTANET last week is more punitive (Fines in Millions) while Hon Kagwe's is lenient (Fines are in hundreds of thousands. 3. I have observed that the Cyber Security and Protection Bill leans a lot towards critical Internet Infrastructure whereas the Computer and Cyber Crimes Bill focuses on Cyber crime and Child Online Protection, however both bills have strong emphasis on Cyber Security. 4. The Cyber Security and Protection Bill justifies the need for Cyber Security laws within the county government framework. 5. Overall both are good attempts but there is need for harmonization.
Best Regards
On 8/3/16, Alex Watila via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear all,
Please note that senate only needs to be involved on laws touching on county functions listed in schedule 4 of cok 2010 < http://www.klrc.go.ke/index.php/constitution-of-kenya/167-schedules-schedul
es/fourth-schedule-distribution-of-functions-between-national-and-the-county
-governments/448-2-county-governments>
My understanding is that cyber security is a national function
Regards,
Alex
-----Original Message----- From: kictanet [mailto:kictanet-bounces+awatila=yahoo.co.uk@lists.kictanet.or.ke] On Behalf Of henry--- via kictanet Sent: Wednesday, August 3, 2016 5:03 PM To: awatila@yahoo.co.uk Cc: henry@article19.org; Nanjira Sambuli <email@nanjira.com> Subject: Re: [kictanet] Cyber Security and Data Protection (Senate) Bill
----- Original Message -----
From: "Nanjira Sambuli via kictanet" < <mailto:kictanet@lists.kictanet.or.ke> kictanet@lists.kictanet.or.ke>
To: <mailto:henry@article19.org> henry@article19.org
Cc: "Nanjira Sambuli" < <mailto:email@nanjira.com> email@nanjira.com>
Sent: Wednesday, August 3, 2016 4:49:03 PM
Subject: [kictanet] Cyber Security and Data Protection (Senate) Bill
Anyone familiar with the genesis of this bill?
< http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2016/CyberSecurityandPr otectionBill_2016.pdf>
http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2016/CyberSecurityandPro
tectionBill_2016.pdf
Wasnt aware of this version. It seems like the older version of the Bill developed by the ODPP.
Regards
Henry
Regards,
Nanjira.
Sent from my iPhone.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Regards, Nanjira.
www.nanjira.com <http://www.nanjira.com/>
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-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.