Hi Grace B

Let me respond on two questions you have raised.

On Kenyans being litigious: IMHO many people opt for litigation (which is tiresome and wastes alot of time) if they feel they have no other option(s) to discuss their issue(s). And this may be one way of putting checks on systems. What we should be asking though is, has this been the only way to resolve conflicts in this sector? And if so, why? Did people feel that there was no room to discuss their concerns? And is it possible that there are other forms of conflict resolution that were not considered? Would bringing the complainants onto the table for some negotiation have forestalled the court cases? And how should we take things forward? 

Article 10 of Kenya's Constitution places people at the heart of policy making processes. And lets be fair. CA has for example been buying space in newspapers to call on this or that input, and ICTA has infact on several occasions posted the calls on our lists. However, the call for public participation stops there! There is usually no interaction afterwards. And this is a weakness. We therefore need a framework that clarifies on this public participation process. The framework should for example map how views and ideas suggested are reflected in an outcome document of a policy process. If views/suggestions from certain stakeholders are not taken on board, then legitimate reasons for their lack of incorporation (either grounded in law or offensive to public morality) should be provided. This is to avoid suspicion and a feeling from concerned stakeholders who feel the need to participate legitimately in a process, that their time was not wasted and that those calling for public participation were not just giving lip service to article 10 of our constitution.

Rgds
GG


Date: Mon, 20 Jul 2015 08:59:37 +0300
Subject: [kictanet] #KeIGF15 Online Discussions Day One: Inclusiveness and Diversity
From: kictanet@lists.kictanet.or.ke
CC: nmutungu@gmail.com
To: ggithaiga@hotmail.com

Listers, 

Since promulgation of the Constitution, Kenya has become a litigious society, and the ICT/Internet sector has not been spared. For instance, the processes used to constitute public ICT bodies was contested while a good part of the digital migration process also played out in the public galleries.

 

Looking at Kenya's past journey in ICT/Internet governance, has it been inclusive? 

Are we presently adhering to Article 10 on public participation in local Internet governance matters?  Do the present mechanisms facilitate meaningful participation of all including those with disabilities?


What are the roles of the various stakeholders and are they all playing their roles? 

Is the ICT environment in Kenya inclusive—that is, with an atmosphere in which all people feel valued and respected and have access to the same opportunities?


What is the state of Universal Access and implementation of Universal Service Fund in Kenya?

Are the USF Council members representative of the Internet community in Kenya? Are all stakeholders' interests taken into consideration in forming the USF council?


Welcome to the discussion. 


--
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu



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