Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya

9 Jul 2008

      Kevit:

I am afraid you have not clarified well enough. I shall not ask you further KEPSA questions although on your previous email you told Waundo "As the director of KEPSA  I welcome CSK and any other association to full membership of KEPSA." Apparently this now appears to have changed. And I doubt Waundo complained of "exclusion" not of his private self, rather of CSK? I could be wrong but he could clarify. 

On Jun 23, 2008 it was announced that a "Local Software Industry Association established" with, among others, "3.1 Objective, Market the local software industry to venture capitalists." (see announcement document attached) Was it registered under Societies Act( Read Public interest) or as Private (non-or-for-profit) Company? I found it strange it was formed 3 days to aour very successful and OPEN BarCamp. Is this one also under your umbrella?

On the links you sent onlist:

www.innovation-africa.net 

Domain Name: INNOVATION-AFRICA.NET
   Registrar: TUCOWS INC.
   Whois Server: whois.tucows.com
   Referral URL: http://domainhelp.opensrs.net
   Name Server: ULTRA103.UK2.NET
   Name Server: ULTRA104.UK2.NET
   Status: redemptionPeriod
   Updated Date: 24-jun-2008
   Creation Date: 14-may-2007
   Expiration Date: 14-may-2008

I tried www.innovation-africa.co.ke >> was re-directing to >> www.kif.or.ke ( but today it now says "under construction") I gather Centurion Systems offices accommodates KIF, is that correct?

What I am trying is to understand is who speaks in the background when when "KIF" issues "stakeholders" statements on an issue,how representative or public service-oriented, good governance, in trying to understand new and old associations' motives. 

With above information, it would clear doubts of public policy participation illegitimacy or inappropriate public procurement involvement(s). For the sake of our growing transparent ICTs abundantly rewarding enterprising citizens.

Alex  

--- On Wed, 7/9/08, kevit desai <kevit@centurionsystemsltd.com> wrote:
...
From: kevit desai <kevit@centurionsystemsltd.com>
Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: alex.gakuru@yahoo.com
Cc: "'kictanet-lists'" <kictanet@lists.kictanet.or.ke>
Date: Wednesday, July 9, 2008, 2:50 AM
Hi Alex,
I'm pleased to clarify as much as I can.
Kepsa has an open membership of PRIVATE sector industry and
market segment
associations in almost all economic sectors. Independence:
KEPSA decisions
are dependent on members wishes, and members are drawn from
the private
sector. In fact, NGO's are not approached for
membership in KEPSA, neither
are government bodies including parastatals. KIF follows
the same approach
for membership and decision-making. No NGO's and
government agencies are
member ofn KIF. However, KEPSA and KIF consult on a REGULAR
BASIS with all
those stakeholders. Having said that, KEPSA and KIF have no
obligation to
offer service to non members.
Hopefully this helps to clarify. Do get in touch with Sam
Mwaura of KEPSA or
Marcel Werner of KIF.
Kevit
-----Original Message-----
From: Alex Gakuru [mailto:alex.gakuru@yahoo.com] 
Sent: 09 July 2008 04:45
To: kevit desai
Cc: kictanet-lists
Subject: Re: [kictanet] Legislation and Regulation for
e-Commerce in Kenya
Kevit,
How does KEPSA and KIF governance relate ensuring decisions
independence?
The political issue here may be monopolization to the
extent of clouding out
other actors thereby generating conflict. The Motive Theory
steps in.
We investigate the effects of competition on subjects'
attitude towards
cooperation. Three groups face three economic environments
with different
degrees of competition, from a benchmark case with no
competition at all up
to a perfect competition case. Subjects contribute
generously to a public
project in the absence of competition, whereas they
contribute very little
in the presence of a maximum degree of competition. A
diminishing attitude
towards cooperation clearly emerges as the degree of
competition increases.
Therefore, if cooperation does enhance well-being, the
maximum degree of
competition may be not efficient.
<http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba
6a6f51d7da9d40d806eb>
react.
--- On Tue, 7/8/08, kevit desai
<kevit@centurionsystemsltd.com> wrote:
...
From: kevit desai
<kevit@centurionsystemsltd.com>
Subject: Re: [kictanet] Legislation and Regulation for
e-Commerce in Kenya
To: alex.gakuru@yahoo.com
Cc: secretariat@kif.or.ke, "'KICTAnet ICT
Policy Discussions'"
<kictanet@lists.kictanet.or.ke>
Date: Tuesday, July 8, 2008, 1:14 PM
Hi Waudo,
As the director of KEPSA  I welcome CSK and any other
association to full
membership of KEPSA. We look forward to a meaningful
partnership.
Kevit Desai
_____
From: waudo siganga [mailto:emailsignet@mailcan.com] 
Sent: 08 July 2008 13:55
To: Kevit Desai
Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy
Discussions'
Subject: Re: [kictanet] Legislation and Regulation for
e-Commerce in Kenya
Hello Kevit - I think one needs to be careful when
handling
KEPSA and KIF at
the same time. Do not use your foothold in KEPSA to
promote
KIF at the
expense of other associations. The explanation is very
simple: KEPSA was
formed as a focal point, a bringing together
characterised
by INCLUSIVITY.
KIF on the other hand is an independent association
and the
nature of such
an association is EXCLUSIVITY (through membership
mechanism). I would like
to see the promotion of more associations on the KEPSA
ICT
Board, not just
KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit
Desai"
<kevit@centurionsystemsltd.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body
with
its own governance
structure. Elected as a director in private capacity
and as
KIF vice
chairman.
KIF (secretariat@kif.or.ke): membership-based industry
association, member
of KEPSA's ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com)
private company,
director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson - Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP
Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020
2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.ieee.org
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
http://www.kepsa.or.ke
http://www.powerup.co.ke
http://www.aiesec.org
http://www.africon2007.co.za
http://www.kif.or.ke
htpp://www.ict.go.ke
http://www.globalcompact.org
http://www.undp.org/business/gsb
-----Original Message-----
From: waudo siganga [mailto:emailsignet@mailcan.com] 
Sent: Monday, July 07, 2008 9:40 PM
To: kevit desai
Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy
Discussions'
Subject: RE: [kictanet] Legislation and Regulation for
e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET
I can
answer it on
the same forum. I think the picture being painted
about a
rosy situation
including "collaboration" is simply not
true. The
reason to  be frank is
that there a few in your KIF who do not want any other
association to
have a voice in KEPSA or to interact with Government.
Could
you as a
KEPSA director ensure that all interested associations
including the
major ones not in KIF are allowed room to contribute
in
KEPSA? It can be
sad if you mis-use your position in KEPSA only to
promote
KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit
desai"
<kevit@centurionsystemsltd.com> said:
...
Hi Walu,
...
Associations are welcome to be members of KEPSA.
I
would like to confirm
...
that the KEPSA/KIF relationship is vibrant.  We
would
like to do a lot
...
more
...
and welcome more support.
...
We appreciate Waudo's contributions at our
last
ministerial stakeholder
...
forum.
...
Collaboration is the way forward.
...
...
Kevit Desai
...
KEPSA Director
...
...
...
-----Original Message-----
...
From:
kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
...
...
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
...
...
On Behalf Of waudo siganga
...
Sent: 07 July 2008 19:02
...
To: kevit@centurionsystemsltd.com
...
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy
Discussions
...
Subject: Re: [kictanet] Legislation and
...
e-Commerce in
...
Kenya
...
...
Hi Walu - I am catching you loud and clear on
GPRS
somewhere in the
...
bush. I did bring out the issue of regulating the
IT
(or ICT) Profession
...
on this list a few months ago. But the rather
unenthusiastic response I
...
got gave me the sense that possibly this was not
...
correct list since
...
many of the subscribers appear just interested in
ICT
Policy rather than
...
being actual IT Experts. Within the next two
weeks
there will be another
...
list for professionals and you will be informed
(you
have the
...
qualifications, don't you??). We are pushing
for a
registration board
...
like thise done last yeaer for  nutritionists and
Procurement
...
Practitioners. There is a lot of work going on
unheralded. All we need
...
is a champion or chanpions in the right place.
...
Waudo
...
...
...
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT),
"John
Walubengo"
...
<jwalu@yahoo.com> said:
...
...
Marcel,
...
...
...
...
It looks like quite some work has been
ongoing in
this
...
...
area...unfortunately it seems as if it was
restricted within KIF only?
I
...
...
wonder if Computer Society of Kenya (CSK,
Waudo r
u there?) or
...
...
Information Security Audit & Control
(ISACA-Kenya Chapter) just to
...
...
mention some of the big IT Associations in
Kenya
were involved. I beg to
...
...
be enlightened.
...
...
...
...
This brings in an old question - who really
represents the IT Profession
...
...
in Kenya?  Shem has been on record as saying
...
IT is the only
...
...
discipline where we seem to lack bodies with
...
same authority as LSK
...
...
(Law Society of Kenya), IEK (Institute of
Engineers of Kenya), Medical
...
...
Practictioners Board amongst others to
regulate
the IT Profession.
...
...
...
...
And by the way, KICTAnet does not fit the
bill
either  (and has a
...
...
different objective anyway).  But time has
come
to really start thinking
...
...
of regulating the IT profession, even as we
struggle to regulate the
...
...
industry...Ideally, CSK should take the lead
on
this, but they have been
...
...
awfully quite except when they award prizes
at
the end of the year
(Waudo
...
...
I know u will kill me offline but I just had
to
say it!).
...
...
...
...
KEPSA? very reputable and effective
...
in the Manufacturing
...
...
sector but on IT? am not sure they have been
as
effective - particularly
...
...
because the link between KEPSA/KIF and the
IT
industry has been 'cloudy'
...
...
for lack of a better word...Can for example
CSK
or ISACA  be part of
...
...
KEPSA without being part of KIF? I again
need to
be enlightened.
...
...
...
...
O.K. I agree I did digress, but just
...
loudly and saying that as
...
...
we think of regulating electronic
...
we also need to
...
...
simultaneously start regulating the IT
profession..but maybe I am wrong.
...
...
Particularly because regulation can and
often
leads to suppression...
...
...
...
...
walu.
...
...
--- On Sun, 7/6/08, Marcel Werner
<marcelcwerner@gmail.com> wrote:
...
...
...
...
...
From: Marcel Werner
<marcelcwerner@gmail.com>
...
...
...
Subject: [kictanet] Legislation and
Regulation for e-Commerce in Kenya
...
...
...
To: jwalu@yahoo.com
...
...
...
Cc: secretariat@kif.or.ke,
"KICTAnet
ICT Policy Discussions"
...
<kictanet@lists.kictanet.or.ke>
...
...
...
Date: Sunday, July 6, 2008, 6:43 PM
...
...
...
Legislation and Regulation for
e-Commerce in
Kenya
...
...
...
...
...
...
Kenya ICT Federation (KIF) - Briefing
Note #
3  - Report -
...
...
...
Public Panel 19
...
...
...
June 2008
...
...
...
...
...
...
*Electronic commerce (e-commerce) will
add
at least one
...
...
...
percent point growth
...
...
...
to Kenya's overall economic growth
within five years.
...
...
...
This is contingent
...
...
...
upon the adoption of legislation that
supports electronic
...
...
...
transactions. *Kenya,
...
...
...
as an emerging economy and regional
leader,
lags behind in
...
...
...
having a legal
...
...
...
framework for e-commerce in place. The
current situation is
...
...
...
an anachronism
...
...
...
hampering national development, placing
provincial centres
...
...
...
at a
...
...
...
disadvantage, and harming global
competitiveness. Both
...
...
...
external and internal
...
...
...
trade require the new framework.The
Kenyan
private sector
...
...
...
strongly supports
...
...
...
e-commerce legislation, as well as
legislation of the
...
...
...
Information and
...
...
...
Communication Technology sector that
guarantees an open
...
...
...
market and promotes
...
...
...
innovation.
...
...
...
...
...
...
Why e-commerce law? Today, legislation
supporting
...
...
...
electronic transactions
...
...
...
represents the single most powerful
innovation opportunity
...
...
...
in the legal
...
...
...
framework of the ICT sector.
Legislation is
needed to:
...
...
...
-Legalize e-commerce transactions by
recognizing an
...
...
...
electronic signature
...
...
...
-Manage and control e-commerce risks
...
...
...
-Remove e-commerce barriers
...
...
...
KIF has studied drafts currently
circulating
in the public
...
...
...
domain, the
...
...
...
Information and Communications Bill,
2008,
and the
...
...
...
Electronic Transactions
...
...
...
Bill, 2007, respectively, both of which
are
of the highest
...
...
...
technical
...
...
...
standards. Public panels and hearings
with
sectors of the
...
...
...
economy (including
...
...
...
tourism, agriculture, ICT) have been
held on
6th and 27th
...
...
...
May, 4th June and
...
...
...
19th June. The Kenyan private sector
has
expressed
...
...
...
overwhelming support for
...
...
...
urgent legislation of e-commerce.
...
...
...
...
...
...
Suggested improvements in Bills - The
...
panels and
...
...
...
hearings to date
...
...
...
have yielded the following important
issues
for improvement
...
...
...
in the current
...
...
...
Bills:
...
...
...
...
...
...
-          Provisions on who can
...
are missing
...
...
...
...
...
...
-          Liability of Internet
Service
Providers must be
...
...
...
demarcated
...
...
...
...
...
...
-          Clarification on which
commercial
documents are
...
...
...
excluded from
...
...
...
proposed legislation
...
...
...
...
...
...
-          Eliminate any ambiguity on
admissibility of
...
...
...
electronic evidence
...
...
...
...
...
...
-          Need for data protection and
privacy provisions
...
...
...
...
...
...
-          The Bills are more lenient
on
e-commerce fraud
...
...
...
than on
...
...
...
traditional fraud
...
...
...
...
...
...
-          Remove inconsistencies in
determining crimes and
...
...
...
punishments
...
...
...
...
...
...
-          Provisions for the inclusion
of
cyber-crime
...
...
...
within the scope of
...
...
...
the Extradition Act
...
...
...
...
...
...
-          Creation of an Administrator
for
e-commerce laws
...
...
...
whose functions
...
...
...
will be policy implementation and
advisory,
as a
...
...
...
multi-sectoral body with
...
...
...
industry associations including KIF,
lead
regulator
...
...
...
Communications
...
...
...
Commission of Kenya and co-regulator
Central
Bank of Kenya
...
...
...
...
...
...
Gains in tourism, agriculture,
healthcare
...
...
...
...
...
...
Industry sectors, notably the tourism
industry, are
...
...
...
expressing their desire
...
...
...
to see e-commerce covered by law. In
tourism, on-line
...
...
...
travel bookings have
...
...
...
exceeded 80% in the USA and 50% in
Europe.
Decline in
...
...
...
off-line bookings is
...
...
...
in ample evidence. Those destinations
...
cannot legally
...
...
...
support abundant
...
...
...
on-line booking, such as Kenya, will
loose
market share.
...
...
...
E-commerce in
...
...
...
agriculture will improve
small-holder's
living
...
...
...
standards. Great impact is
...
...
...
expected notably in the coffee sector
...
provides
...
...
...
livelihood to at least 5
...
...
...
million Kenyans, as well as in the
dairy
industry.
...
...
...
Healthcare efficiency and
...
...
...
affordability will improve by on-line
health
data
...
...
...
management systems.
...
...
...
Business operators in rural towns and
rural
centres have
...
...
...
also expressed keen
...
...
...
interest, as they see scope to address
issues of trade
...
...
...
efficiency and
...
...
...
security in rural Kenya.
...
...
...
...
...
...
What is e-commerce
...
...
...
...
...
...
E-commerce is a method of trading that
replaces paper-based
...
...
...
documentation by
...
...
...
a mutually binding electronic protocol
between buyers and
...
...
...
sellers.
...
...
...
E-commerce is gaining ground globally
and
has become an
...
...
...
irreversible trend.
...
...
...
Many trading partners are already
Regulation for
the
that
the
particularly
thinking
transactions,
public
prosecute
that
that
practicing
...
e-commerce, by
...
...
...
mutual
...
...
...
agreement, also in Kenya. However,
e-commerce will reach
...
...
...
its full potential
...
...
...
when parties that do not know each
other are
able to trade
...
...
...
with full mutual
...
...
...
protection under the law. This will
benefit
large numbers
...
...
...
of consumers and
...
...
...
businesses, including small-holder
farmers,
tourism
...
...
...
operators, small-scale
...
...
...
industry and services providers in
almost
any business
...
...
...
sector.
...
...
...
...
...
...
About KIF
...
...
...
...
...
...
The Kenya Information and Communication
Technology
...
...
...
Federation (KIF)
...
...
...
represents the ICT industry with
Government
and with
...
...
...
private sector bodies
...
...
...
e.g. Kenya Association of Manufacturers
and
Kenya Private
...
...
...
Sector Alliance
...
...
...
KEPSA <http://www.kepsa.org/>.
KIF is
a legally
...
...
...
registered membership based
...
...
...
Association, made up of trade
associations
and professional
...
...
...
bodies within
...
...
...
the national ICT industry, as well as
commercial
...
...
...
corporations. KIF has been
...
...
...
accepted as the private sector voice of
ICT
by Government.
...
...
...
KIF contributes
...
...
...
ideas to key sectors like healthcare,
education,
...
...
...
agriculture, construction
...
...
...
industry, and last but not least
supports
e-government
...
...
...
development. KIF is a
...
...
...
membership-driven organisation. Members
bring issues on
...
...
...
public policy and
...
...
...
industry development forward for KIF to
take
action. Issues
...
...
...
include:
...
...
...
innovation promotion, education
improvement,
duties, taxes
...
...
...
and levies, rural
...
...
...
ICT investment. KIF has a strong and
active
network, with
...
...
...
excellent
...
...
...
relationships with all government
agencies.
KIF membership
...
...
...
is open for
...
...
...
market segment associations and
individual
companies.
...
...
...
Membership charges are
...
...
...
annual and based on company size.
Contact:
...
...
...
secretariat@kif.or.ke, 020
...
...
...
4440102
...
...
...
MARCEL WERNER, Chairman, Kenya ICT
Federation
...
...
...
...
...
...
please send any business mail to:
...
...
...
...
Marcel.Werner@innovation-africa.or.ke_______________________________________
...
...
________
...
...
...
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...
...
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...
...
...
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People make a plan work, a plan alone seldom makes
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