*Dear Listers,* Greetings from *KICTANet!* Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures. *PROPOSAL: The Data Protection Act* The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act. This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data. *Question:* 1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?* 2. *What would you propose?* We look forward to your active participation in shaping policies that support a thriving ICT ecosystem. Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter. Sincerely, Linda Gichohi. *Kenya ICT Action Network* *Top of Form* On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

As for the amendment i do not support when it comes to one's privacy and taxation. On Mon, May 20, 2024, 12:44 PM Alex Watila via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

Good afternoon Listers, When I heard of the amendment I wondered if it could stand the test of time.

This is because the data protection act was enacted to operationalize (give life) to a constitutional right of privacy

without amending the constitution, i think the amendment to the data protection act will be inconsistent with the constitution

Regards,

On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

The proposal to exclude processing activities relating to assessment, enforcement, and allocation of tax or duty from the provisions of the DPA, will give the taxman unfettered access to personal data stored in data subjects devices for instance. There are no guardrails to establish the parameters of the collection and processing of personal data for these purposes. There is a likelihood that tax officials may have access to non-tax-related personal data in the course of their activities hence further compromising data subjects' rights to privacy. I believe that even in the event of suspicion of offences such as tax evasion, there are already established procedures under sections 118 and 121 Criminal Procedure Code and section 89 Evidence Act on obtaining search warrants from courts before conducting searches. Such procedures are necessary to avoid abuse of powers and to uphold the right to privacy guaranteed under Article 31 of the Constitution 2010. Best, Cherie On Mon, May 20, 2024 at 2:49 PM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

Indeed!!! Thank you Nicodemus for the insights...Do you have an alternative proposal to these ammendments?

On Mon, 20 May 2024, 14:23 Nicodemus Makau via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

As for the amendment i do not support when it comes to one's privacy and taxation.

On Mon, May 20, 2024, 12:44 PM Alex Watila via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Good afternoon Listers, When I heard of the amendment I wondered if it could stand the test of time.

This is because the data protection act was enacted to operationalize (give life) to a constitutional right of privacy

without amending the constitution, i think the amendment to the data protection act will be inconsistent with the constitution

Regards,

On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

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Thank you for the Insights. This is well received and noted. On Mon, 20 May 2024, 17:30 Steve Muchai via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

I have found this analysis at https://shorturl.at/4UNu5 (CDH Kenya). *New definition of "royalty" to include payments obtained as consideration for the right to use software.*

Proposal:

The Bill proposes to introduce an expanded definition to the term "royalty". The Bill defines it to now include payments received as consideration for the right to use any software, proprietary or off-the-shelf, whether in the form of license, development, training, maintenance or support fees.

Implications:

The proposed definition seeks to classify all software-related payments as "royalties" and subject them to WHT. Currently, certain software-related payments, such as license payments made to software providers through distribution and end-user licence agreements, are not subject to WHT in Kenya, on the principle that they do not confer any intellectual property (IP) rights in the software to the payers. This practice, though contested by the Kenya Revenue Authority (KRA), is in line with the High Court's recent judgement in Seven Seas Technologies Limited v Commissioner of Domestic Taxes, Income Tax Appeal No. 8 of 2017, as well as international best practices. If adopted into law, this proposal will signal a shift from international best practices in the taxation of software payments, as captured under Article 12 of the OECD Model Tax Convention, which generally requires that such payments should only be subject to WHT if they are made as consideration for rights to the software's underlying IP rights.

We note that the proposal would also go against the practice in the region, with both Uganda and Tanzania lacking software in their respective tax laws' definition of "royalty".

Proposed effective date: 1 July 2024

On Mon, May 20, 2024 at 5:13 PM Cherie Oyier via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

The proposal to exclude processing activities relating to assessment,

enforcement, and allocation of tax or duty from the provisions of the DPA, will give the taxman unfettered access to personal data stored in data subjects devices for instance. There are no guardrails to establish the parameters of the collection and processing of personal data for these purposes. There is a likelihood that tax officials may have access to non-tax-related personal data in the course of their activities hence further compromising data subjects' rights to privacy.

...

I believe that even in the event of suspicion of offences such as tax

evasion, there are already established procedures under sections 118 and 121 Criminal Procedure Code and section 89 Evidence Act on obtaining search warrants from courts before conducting searches. Such procedures are necessary to avoid abuse of powers and to uphold the right to privacy guaranteed under Article 31 of the Constitution 2010.

...

Best, Cherie

On Mon, May 20, 2024 at 2:49 PM Linda Wairure via KICTANet <

...

...

Indeed!!! Thank you Nicodemus for the insights...Do you have an

alternative proposal to these ammendments?

...

On Mon, 20 May 2024, 14:23 Nicodemus Makau via KICTANet, <

kictanet@lists.kictanet.or.ke> wrote:

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As for the amendment i do not support when it comes to one's privacy

and taxation.

...

On Mon, May 20, 2024, 12:44 PM Alex Watila via KICTANet <

kictanet@lists.kictanet.or.ke> wrote:

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Good afternoon Listers, When I heard of the amendment I wondered if it could stand the test

of time.

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This is because the data protection act was enacted to operationalize

(give life) to a constitutional right of privacy

...

without amending the constitution, i think the amendment to the data

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Regards,

On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet <

kictanet@lists.kictanet.or.ke> wrote:

...

...

Dear Listers,

Greetings from KICTANet!

Today marks the beginning of our three-day moderated online

discussion and public participation on the Finance Bill, 2024. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

...

PROPOSAL: The Data Protection Act

The Bill seeks to amend section 51 of the Data Protection Act (Cap.

411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

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This proposed amendment will give KRA unfettered access to citizens’

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Question:

What implications might the proposed amendment to exempt the

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2. What would you propose?

We look forward to your active participation in shaping policies

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Should you have any questions or require further information, please

do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

...

Sincerely,

Linda Gichohi.

Kenya ICT Action Network

Top of Form

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet <

kictanet@lists.kictanet.or.ke> wrote:

...

> > Greetings, > Looking forward to the engagement. > > Regards, > Chepkoech Towett. > > On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote: >> >> Dear Listers, >> >> Greetings from KICTANet! >> >> As a leading advocate for ICT policy and regulation, KICTANet is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies. >> >> We are reaching out to invite you to participate in the three-day moderated online mailing list discussion regarding the Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains crucial

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>> >> The discussion will take place on the KICTANet mailing list from Monday, May 20th to Wednesday, May 22nd . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications. >> >> We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant

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>> >> http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20... >> >> Should you have any questions or require further information,

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>> >> Thank you for your continued support and participation. We look forward to engaging with you in this discussion. >> >> Sincerely, >> >> Linda Gichohi. >> >> Kenya ICT Action Network. >> >> >> >> >> _______________________________________________ >> KICTANet mailing list -- kictanet@lists.kictanet.or.ke >> To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke >> Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ >> >> Mailing List Posts Online: https://posts.kictanet.or.ke/ >> >> Twitter: https://twitter.com/KICTANet/ >> Facebook: https://www.facebook.com/KICTANet/ >> Instagram: https://www.instagram.com/KICTANet/ >> LinkedIn: https://www.linkedin.com/company/kictanet/ >> YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ >> WhatsApp Channel: https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K >> >> KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. >> KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars >> of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement. >> >> 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

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>> wares or qualifications. >> >> PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ >> >> KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform. > > _______________________________________________ > KICTANet mailing list -- kictanet@lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke > Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > Mailing List Posts Online: https://posts.kictanet.or.ke/ > > Twitter: https://twitter.com/KICTANet/ > Facebook: https://www.facebook.com/KICTANet/ > Instagram: https://www.instagram.com/KICTANet/ > LinkedIn: https://www.linkedin.com/company/kictanet/ > YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ > WhatsApp Channel: https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K > > KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. > KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars > of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement. > > 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

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> wares or qualifications. > > PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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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

kictanet@lists.kictanet.or.ke> wrote: protection act will be inconsistent with the constitution personal data that extend beyond financial data. processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation? that support a thriving ICT ecosystem. proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector. provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem. please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter. personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your personalize, respect privacy, do not spam, do not market your

...

wares or qualifications.

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-- Kind Regards, Steve Muchai _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

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KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

On 22/05/2024 07.45, Linda Wairure via KICTANet wrote:

*Dear Listers,*

Welcome to *DAY 3 of the public participation of the Finance Bill, 2024*. Thank you for your continued public participation in this discourse, your contributions have been well received and included in the submissions. 

As part of the Kenya ICT Action Network (KICTANet) ongoing efforts to ensure that the *Finance Bill 2024* addresses the needs and concerns of all stakeholders in the *ICT Sector,* we are reaching out to gather your valuable feedback on several key proposals. Your input is crucial in shaping a balanced and effective tax policy.

*Tax Procedures Act (TPA)*

*PROPOSAL 1. Features of an Electronic Tax Invoice*

In the current provision there are no stipulations on the information contained in an Electronic Tax Invoice.**

*Proposed Amendment:* The Finance Bill 2024 specifies that an Electronic Tax Invoice must include:

The words "*TAX INVOICE" *Name, address, and PIN of the supplier and purchaser*, *serial number of the tax invoice*,* date and time of issuance and supply*, *description of the supply in terms of quantity or type of services*, *details of any discount allowed at the time of supply*, *consideration of the supply*, *tax rate charged and total amount of tax charged**and any other prescribed information.**

*Questions:*

1.       What concerns do you have about the specified features of an Electronic Tax Invoice and how will this   impact your business operations?

Many businesses already are over-burdened with compliance. Not all businesses have a fully digitized workflow - some businesses use barter and do not use cash let alone electronic cash. Information about exact items purchased, for what price and from whom might also constitute confidential business data that may be of great interest to business competitors. What protective measures have been put in place in the event of a data breach? A period of adjustment and public sensitization on the process are required. Some example viewpoints from experiences in other countries include: https://www2.deloitte.com/my/en/pages/tax/articles/e-invoicing-updates.html https://blog.summitto.com/posts/invoice_reporting_vs_confidential_reporting/ https://publications.iadb.org/publications/english/document/Electronic-Invoi... https://tax.thomsonreuters.com/blog/e-invoicing-and-tax-compliance-in-an-inc...

2.        What additional details or changes would you suggest for the specified features?

Simplifying procedures and integrating them with local business practices may lead to increased tax revenue.

*PROPOSAL 2. Integration of KRA’s Data Management and Reporting System*

The Commissioner is mandated to establish a data management and reporting system and notify selected taxpayers to submit electronic documents.**

*Proposed Amendment:* The Commissioner may issue a written notice requiring integration of a taxpayer's electronic tax system with KRA’s data management system for submitting detailed transaction data, including the names and addresses of payment recipients.

*Question:*

1.       What concerns do you have about the mandatory integration with KRA’s data management system and how might this integration affect your business operations?

How will confidential business data be protected?

*PROPOSAL 3. PIN Registration Requirement for Remote Employees*

No express provision currently.

*Proposed Amendment:* Employees working remotely outside Kenya for Kenya-based employers must possess a KRA PIN.

*Question:*

1.       How do you view the requirement for remote employees to have a KRA PIN?

This may require international harmonization.

2.       What impact do you think this will have on remote employment practices?

*Miscellaneous Fees and Levies Act*

*PROPOSAL 4. Introduction of Eco Levy*

No provision under the current Act.

*Proposed Amendment:* Introduction of an Eco Levy on specific goods manufactured locally or imported, including various ICT apparatus and electronic devices.

*Questions:*

1.       What concerns do you have about the introduction of the Eco Levy and how it will impact your business or consumer behavior?

2.       What goods should be included or excluded from the Eco Levy, and why?

A more comprehensive recycling plan is needed, including management of biodegradable waste, plastics and other non-biodegradable waste as well as industrial chemical waste.

3.       How would you suggest structuring the Eco Levy to achieve its intended goals?

While the intent seems good, the proposed implementation of a fixed amount for a device, irrespective of the size of the device, does not seem aligned with recycling or disposal costs.

A proposed modification that would impair regulatory supervision and jeopardize privacy would exclude tax assessment, enforcement, and collection of personal data processing from the Data Protection Act. Requirements for addressing this include restricted scope exemptions, strong data security processes, independent monitoring, public awareness campaigns, clear privacy rules, and frequent audits. By taking these steps, we can ensure that the protection of private rights is balanced with effective tax administration. Furthermore, cooperation between tax authorities and data protection organizations can improve accountability and adherence to data privacy laws. On Mon, May 20, 2024 at 5:13 PM Cherie Oyier via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

The proposal to exclude processing activities relating to assessment, enforcement, and allocation of tax or duty from the provisions of the DPA, will give the taxman unfettered access to personal data stored in data subjects devices for instance. There are no guardrails to establish the parameters of the collection and processing of personal data for these purposes. There is a likelihood that tax officials may have access to non-tax-related personal data in the course of their activities hence further compromising data subjects' rights to privacy.

I believe that even in the event of suspicion of offences such as tax evasion, there are already established procedures under sections 118 and 121 Criminal Procedure Code and section 89 Evidence Act on obtaining search warrants from courts before conducting searches. Such procedures are necessary to avoid abuse of powers and to uphold the right to privacy guaranteed under Article 31 of the Constitution 2010.

Best, Cherie

On Mon, May 20, 2024 at 2:49 PM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Indeed!!! Thank you Nicodemus for the insights...Do you have an alternative proposal to these ammendments?

On Mon, 20 May 2024, 14:23 Nicodemus Makau via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

As for the amendment i do not support when it comes to one's privacy and taxation.

On Mon, May 20, 2024, 12:44 PM Alex Watila via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Good afternoon Listers, When I heard of the amendment I wondered if it could stand the test of time.

This is because the data protection act was enacted to operationalize (give life) to a constitutional right of privacy

without amending the constitution, i think the amendment to the data protection act will be inconsistent with the constitution

Regards,

On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

> *Dear Listers,* > > Greetings from KICTANet! > > As a leading advocate for ICT policy and regulation, *KICTANet* is > dedicated to fostering collaboration and promoting an enabling environment > in the ICT sector. With our strategic objectives focused on effective > multi-stakeholder participation, we are committed to engaging with > stakeholders like you to ensure robust, rights-based policies. > > We are reaching out to invite you to participate in the *three-day moderated > online mailing list discussion *regarding the* Finance Bill, 2024 > (National Assembly Bills No. 30 of 2024). This bill contains c*rucial > proposals related to revenue-raising measures, including the digital > service tax, liability and collection of taxes. Your insights and > contributions are vital as we navigate these proposals and their potential > impact on the ICT sector. > > The discussion will take place on the KICTANet mailing list from *Monday, > May 20th to Wednesday, May 22nd* . Each day of the discussion will > focus on specific aspects of the Finance Bill, 2024, allowing us to delve > into its provisions and implications. > > We encourage you to review the Finance Bill, 2024 link attached and > the template format of submission of the memorandum. We shall include a > matrix presentation outlining our concerns and proposals regarding relevant > provisions of the Finance Bill, 2024. Your feedback and perspectives are > invaluable as we work towards promoting policies that support a thriving > ICT ecosystem. > > > http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20... > > Should you have any questions or require further information, please > do not hesitate to reach out to lgichohi@kictanet.or.ke . We are > eager to hear your thoughts and insights on this crucial matter. > > Thank you for your continued support and participation. We look > forward to engaging with you in this discussion. > > Sincerely, > > Linda Gichohi. > > *Kenya ICT Action Network.* > > > > _______________________________________________ > KICTANet mailing list -- kictanet@lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke > Unsubscribe or change your options at: > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > Mailing List Posts Online: https://posts.kictanet.or.ke/ > > Twitter: https://twitter.com/KICTANet/ > Facebook: https://www.facebook.com/KICTANet/ > Instagram: https://www.instagram.com/KICTANet/ > LinkedIn: https://www.linkedin.com/company/kictanet/ > YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ > WhatsApp Channel: > https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K > > KICTANet is a multi-stakeholder Think Tank for people and > institutions interested and involved in ICT policy and regulation. > KICTANet is a catalyst for reform in the Information and > Communication Technology sector. Its work is guided by four pillars > of Policy Advocacy, Capacity Building, Research, and Stakeholder > Engagement. > > 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. > > PRIVACY POLICY: See > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > KICTANet - The Power of Communities, is Kenya's premier ICT policy > engagement platform. > _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

Dear listers, Personal Data protection in Kenya is governed by the Data Protection Act of 2019. The Act gives effect to Article 31(c) and (d) of the Constitution of Kenya that contains the *right to privacy* which is a *fundamental human right*. The *mandate* of the Office of the Data Protection Commissioner, as the *regulator *of matters data privacy in Kenya, and which *derives* from the Data Protection Act 2019, includes the following; - *Regulation* of the processing of personal data; - *Ensuring* that the *processing of personal data* of a data subject is guided by the principles set out in section 25 of the Act; - *Protecting the privacy* of individuals’ data; - *Establishing* the *legal and institutional mechanism* to protect personal data; and - *Providing data subjects* with rights and remedies to protect their personal data from processing that is not in accordance with the Act In the ODPC *role* and *functions,* is included the following; - Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data. - Exercising *oversight* *on data processing* operations to verify whether the processing of data is done in accordance with the Act; - Receiving and *investigating* any complaint by any person on infringements of the rights under the Act; - Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data; - Ensuring the country’s *compliance* on data protection obligations *under international conventions and agreements*; What the bill proposes risks infringement with international conventions The exemption sought in the Bill would breach a fundamental human right, and introduce a gap of *duplication*, and *risk*, in the execution of the above mandate, and *allow conflict* with possibility of the exempted entity pursuing a contra and conflicting mandate in accessing and/or processing of personal/organizational data. The proposal should be rejected/dropped. Instead, the need/intention for the Bill proposal should be addressed using the existing data protection legal framework, which is sufficient within the context of the subject Bill requirement. Perhaps with empowering the ODPC where there is weakness in regulation/enforcement capacity. Also, individuals should be encouraged to protect/take control of their personal data and to* support *organizations with their lawful processing of personal data. Regards, Alloys Siaya On Mon, May 20, 2024 at 11:11 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

There are many more alarming proposals, especially the eco levy. The Bill seeks to introduce eco levy on computers, mobile phones, batteries, diapers... There are great analysis documents available at the following links: https://www.pkfea.com/media/zodp4y3y/finance-bill-2024-tax-alert.pdf https://www.oraro.co.ke/wp-content/uploads/2024/05/TAX-IMPLICATIONS-OF-THE-F... https://bowmanslaw.com/wp-content/uploads/2024/05/Analysis-of-Finance-Bill-2... Kind regards, Steve Muchai On Tue, May 21, 2024 at 3:31 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

Thank you so much for the Insights. Well noted.

On Mon, 20 May 2024, 18:14 Alloys Siaya, <alloys.siaya@gmail.com> wrote:

...

Dear listers,

Personal Data protection in Kenya is governed by the Data Protection Act of 2019. The Act gives effect to Article 31(c) and (d) of the Constitution of Kenya that contains the *right to privacy* which is a *fundamental human right*.

The *mandate* of the Office of the Data Protection Commissioner, as the *regulator *of matters data privacy in Kenya, and which *derives* from the Data Protection Act 2019, includes the following;

- *Regulation* of the processing of personal data; - *Ensuring* that the *processing of personal data* of a data subject is guided by the principles set out in section 25 of the Act; - *Protecting the privacy* of individuals’ data; - *Establishing* the *legal and institutional mechanism* to protect personal data; and - *Providing data subjects* with rights and remedies to protect their personal data from processing that is not in accordance with the Act

In the ODPC *role* and *functions,* is included the following;

- Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data. - Exercising *oversight* *on data processing* operations to verify whether the processing of data is done in accordance with the Act; - Receiving and *investigating* any complaint by any person on infringements of the rights under the Act; - Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data; - Ensuring the country’s *compliance* on data protection obligations *under international conventions and agreements*; What the bill proposes risks infringement with international conventions

The exemption sought in the Bill would breach a fundamental human right, and introduce a gap of *duplication*, and *risk*, in the execution of the above mandate, and *allow conflict* with possibility of the exempted entity pursuing a contra and conflicting mandate in accessing and/or processing of personal/organizational data.

The proposal should be rejected/dropped.

Instead, the need/intention for the Bill proposal should be addressed using the existing data protection legal framework, which is sufficient within the context of the subject Bill requirement. Perhaps with empowering the ODPC where there is weakness in regulation/enforcement capacity. Also, individuals should be encouraged to protect/take control of their personal data and to* support *organizations with their lawful processing of personal data.

Regards, Alloys Siaya

On Mon, May 20, 2024 at 11:11 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

-- Kind Regards, Steve Muchai

On Tue, 21 May 2024 at 00:25, Linda Wairure <lindagichohi@gmail.com> wrote:

*Dear Listers,*

DAY 2: *INCOME TAX ACT*

Thank you for your continued active public participation in this discourse. As part of the *Kenya ICT Action Network *(KICTANet) ongoing efforts to ensure that the *Finance Bill 2024* addresses the needs and concerns of all stakeholders in the ICT Sector, we are reaching out to gather your valuable feedback on several key proposals. Your input is crucial in shaping a balanced and effective tax policy.

Kindly *review the summary highlight of the proposed amendments* by the Finance Bill, 2024 in the *ICT Sector *as attached.

*Summary of Proposed Changes*

*Proposal 1. Expansion of Scope of Digital Content Monetization*

The definition of digital content monetization will be expanded to include creative works, creating/sharing material, and any other non-exempt materials. This will be subject to withholding tax at 5% for residents and 20% for non-residents.

*Questions:*

1. What concerns do you have about the expanded definition of digital content monetization?

2. How do you feel about the withholding tax rates on digital content payments for residents and non-residents?

3. What amendments would you propose to the expanded definition of digital content monetization and adjustments to the withholding tax rates?

*Proposal 2. Royalty*

The definition of royalty will be expanded to include payments for the use or right to use any software, proprietary or off the shelf, including related services. This proposed amendment, if assented into law, will lead to taxpayers being compelled to deduct withholding tax on payments related to any dealings with software at the prescribed rates for royalties. In particular, payments related to the purchase of software will also be subject to withholding tax.

*Questions:*

1. What issues do you foresee with the expanded definition of royalty to include software-related payments?

2. How might this change affect businesses dealing with software distribution or purchase?

3. What changes would you suggest to the expanded definition of royalty to align with international practices?

*Proposal 3. Repeal of Digital Service Tax (DST) and Introduction of Significant Economic Presence Tax (SEP Tax)*

SEP Tax will replace DST, targeting non-residents without a permanent establishment in Kenya. The taxable profit is deemed to be 20% of gross turnover, taxed at 30%, expanding to include various digital services like ride-hailing and food delivery. Additionally, FB 2024 proposes to amend the definition of a digital market place to also include the following services provided online though an electronic platform: ride hailing services, food delivery services, freelance services, professional services, rental services, task-based services and any other service that is not exempt from tax under the ITA.

*Questions:*

1. What concerns do you have about replacing DST with SEP Tax and its higher effective rate?

2. How do you think the broader definition of digital marketplace services will impact service providers?

3. What modifications would you propose to the SEP Tax to balance revenue generation and business impact?

*PROPOSAL 4. Repeal of Tax Exemption on Income Earned Under the Ajira Digital Program*

The 3-year income tax exemption for individuals registered under the Ajira digital program will be removed to increase tax revenue.

*Questions:*

1. What are your thoughts on the repeal of the tax exemption for individuals in the Ajira digital program?

2. How might this change impact individuals relying on the Ajira program for their income?

3. What alternatives would you suggest to support individuals in the Ajira digital program while increasing tax revenue? How would you propose phasing out the exemption to minimize impact?

Your feedback is highly valued, and we encourage you to* share your thoughts on any of these proposed amendments*. Your perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

On Mon, 20 May 2024 at 18:43, Steve Muchai <smuchai@gmail.com> wrote:

...

There are many more alarming proposals, especially the eco levy. The Bill seeks to introduce eco levy on computers, mobile phones, batteries, diapers... There are great analysis documents available at the following links:

https://www.pkfea.com/media/zodp4y3y/finance-bill-2024-tax-alert.pdf

https://www.oraro.co.ke/wp-content/uploads/2024/05/TAX-IMPLICATIONS-OF-THE-F...

https://bowmanslaw.com/wp-content/uploads/2024/05/Analysis-of-Finance-Bill-2...

Kind regards, Steve Muchai

On Tue, May 21, 2024 at 3:31 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Thank you so much for the Insights. Well noted.

On Mon, 20 May 2024, 18:14 Alloys Siaya, <alloys.siaya@gmail.com> wrote:

...

Dear listers,

Personal Data protection in Kenya is governed by the Data Protection Act of 2019. The Act gives effect to Article 31(c) and (d) of the Constitution of Kenya that contains the *right to privacy* which is a *fundamental human right*.

The *mandate* of the Office of the Data Protection Commissioner, as the *regulator *of matters data privacy in Kenya, and which *derives* from the Data Protection Act 2019, includes the following;

- *Regulation* of the processing of personal data; - *Ensuring* that the *processing of personal data* of a data subject is guided by the principles set out in section 25 of the Act; - *Protecting the privacy* of individuals’ data; - *Establishing* the *legal and institutional mechanism* to protect personal data; and - *Providing data subjects* with rights and remedies to protect their personal data from processing that is not in accordance with the Act

In the ODPC *role* and *functions,* is included the following;

- Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data. - Exercising *oversight* *on data processing* operations to verify whether the processing of data is done in accordance with the Act; - Receiving and *investigating* any complaint by any person on infringements of the rights under the Act; - Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data; - Ensuring the country’s *compliance* on data protection obligations *under international conventions and agreements*; What the bill proposes risks infringement with international conventions

The exemption sought in the Bill would breach a fundamental human right, and introduce a gap of *duplication*, and *risk*, in the execution of the above mandate, and *allow conflict* with possibility of the exempted entity pursuing a contra and conflicting mandate in accessing and/or processing of personal/organizational data.

The proposal should be rejected/dropped.

Instead, the need/intention for the Bill proposal should be addressed using the existing data protection legal framework, which is sufficient within the context of the subject Bill requirement. Perhaps with empowering the ODPC where there is weakness in regulation/enforcement capacity. Also, individuals should be encouraged to protect/take control of their personal data and to* support *organizations with their lawful processing of personal data.

Regards, Alloys Siaya

On Mon, May 20, 2024 at 11:11 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

> *Dear Listers,* > > Greetings from KICTANet! > > As a leading advocate for ICT policy and regulation, *KICTANet* is > dedicated to fostering collaboration and promoting an enabling environment > in the ICT sector. With our strategic objectives focused on effective > multi-stakeholder participation, we are committed to engaging with > stakeholders like you to ensure robust, rights-based policies. > > We are reaching out to invite you to participate in the *three-day moderated > online mailing list discussion *regarding the* Finance Bill, 2024 > (National Assembly Bills No. 30 of 2024). This bill contains c*rucial > proposals related to revenue-raising measures, including the digital > service tax, liability and collection of taxes. Your insights and > contributions are vital as we navigate these proposals and their potential > impact on the ICT sector. > > The discussion will take place on the KICTANet mailing list from *Monday, > May 20th to Wednesday, May 22nd* . Each day of the discussion will > focus on specific aspects of the Finance Bill, 2024, allowing us to delve > into its provisions and implications. > > We encourage you to review the Finance Bill, 2024 link attached and > the template format of submission of the memorandum. We shall include a > matrix presentation outlining our concerns and proposals regarding relevant > provisions of the Finance Bill, 2024. Your feedback and perspectives are > invaluable as we work towards promoting policies that support a thriving > ICT ecosystem. > > > http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20... > > Should you have any questions or require further information, please > do not hesitate to reach out to lgichohi@kictanet.or.ke . We are > eager to hear your thoughts and insights on this crucial matter. > > Thank you for your continued support and participation. We look > forward to engaging with you in this discussion. > > Sincerely, > > Linda Gichohi. > > *Kenya ICT Action Network.* > > > > _______________________________________________ > KICTANet mailing list -- kictanet@lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke > Unsubscribe or change your options at: > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > Mailing List Posts Online: https://posts.kictanet.or.ke/ > > Twitter: https://twitter.com/KICTANet/ > Facebook: https://www.facebook.com/KICTANet/ > Instagram: https://www.instagram.com/KICTANet/ > LinkedIn: https://www.linkedin.com/company/kictanet/ > YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ > WhatsApp Channel: > https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K > > KICTANet is a multi-stakeholder Think Tank for people and > institutions interested and involved in ICT policy and regulation. > KICTANet is a catalyst for reform in the Information and > Communication Technology sector. Its work is guided by four pillars > of Policy Advocacy, Capacity Building, Research, and Stakeholder > Engagement. > > 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. > > PRIVACY POLICY: See > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > KICTANet - The Power of Communities, is Kenya's premier ICT policy > engagement platform. > _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

Mailing List Posts Online: https://posts.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

Mailing List Posts Online: https://posts.kictanet.or.ke/

Twitter: https://twitter.com/KICTANet/ Facebook: https://www.facebook.com/KICTANet/ Instagram: https://www.instagram.com/KICTANet/ LinkedIn: https://www.linkedin.com/company/kictanet/ YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ WhatsApp Channel: https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K

KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

Mailing List Posts Online: https://posts.kictanet.or.ke/

Twitter: https://twitter.com/KICTANet/ Facebook: https://www.facebook.com/KICTANet/ Instagram: https://www.instagram.com/KICTANet/ LinkedIn: https://www.linkedin.com/company/kictanet/ YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ WhatsApp Channel: https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K

KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

-- Kind Regards, Steve Muchai

Thank you Barrack for the contribution. I agree, we should first strive to create a more enabling environment in the digital space. On Tue, 21 May 2024 at 20:41, Barrack Otieno <barrack@kictanet.or.ke> wrote:

Hi Linda,

My proposal is the legislators should slow down on this tax proposals and allow the market to grow. I will for instance pick on the Ajira Tax. On one hand the Government is trying to create a conducive environment by building Infrastructure and providing tools for enhancing access on the other hand putting in place hurdles that make the incentives less attractive. Beyond Fintech, the digital space may not be as developed as we imagine, it still needs to be nurtured. I implore Parliament to confirm whether the new industries that they want to tax exist in the first place, i hope we are not importing acts from other Regions. Per the last Census we had just under 5 million e-commerce businesses in a country of 50 million. During COVID, the Government created incentives that allowed people to work online, this incentives may have created a false impression or bubble of a developed Digital Ecosystem. We may to investigate this before we end up with missed collection targets.

Regards

On Tue, May 21, 2024 at 10:27 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

DAY 2: *INCOME TAX ACT*

Thank you for your continued active public participation in this discourse. As part of the *Kenya ICT Action Network *(KICTANet) ongoing efforts to ensure that the *Finance Bill 2024* addresses the needs and concerns of all stakeholders in the ICT Sector, we are reaching out to gather your valuable feedback on several key proposals. Your input is crucial in shaping a balanced and effective tax policy.

Kindly *review the summary highlight of the proposed amendments* by the Finance Bill, 2024 in the *ICT Sector *as attached.

*Summary of Proposed Changes*

*Proposal 1. Expansion of Scope of Digital Content Monetization*

The definition of digital content monetization will be expanded to include creative works, creating/sharing material, and any other non-exempt materials. This will be subject to withholding tax at 5% for residents and 20% for non-residents.

*Questions:*

1. What concerns do you have about the expanded definition of digital content monetization?

2. How do you feel about the withholding tax rates on digital content payments for residents and non-residents?

3. What amendments would you propose to the expanded definition of digital content monetization and adjustments to the withholding tax rates?

*Proposal 2. Royalty*

The definition of royalty will be expanded to include payments for the use or right to use any software, proprietary or off the shelf, including related services. This proposed amendment, if assented into law, will lead to taxpayers being compelled to deduct withholding tax on payments related to any dealings with software at the prescribed rates for royalties. In particular, payments related to the purchase of software will also be subject to withholding tax.

*Questions:*

1. What issues do you foresee with the expanded definition of royalty to include software-related payments?

2. How might this change affect businesses dealing with software distribution or purchase?

3. What changes would you suggest to the expanded definition of royalty to align with international practices?

*Proposal 3. Repeal of Digital Service Tax (DST) and Introduction of Significant Economic Presence Tax (SEP Tax)*

SEP Tax will replace DST, targeting non-residents without a permanent establishment in Kenya. The taxable profit is deemed to be 20% of gross turnover, taxed at 30%, expanding to include various digital services like ride-hailing and food delivery. Additionally, FB 2024 proposes to amend the definition of a digital market place to also include the following services provided online though an electronic platform: ride hailing services, food delivery services, freelance services, professional services, rental services, task-based services and any other service that is not exempt from tax under the ITA.

*Questions:*

1. What concerns do you have about replacing DST with SEP Tax and its higher effective rate?

2. How do you think the broader definition of digital marketplace services will impact service providers?

3. What modifications would you propose to the SEP Tax to balance revenue generation and business impact?

*PROPOSAL 4. Repeal of Tax Exemption on Income Earned Under the Ajira Digital Program*

The 3-year income tax exemption for individuals registered under the Ajira digital program will be removed to increase tax revenue.

*Questions:*

1. What are your thoughts on the repeal of the tax exemption for individuals in the Ajira digital program?

2. How might this change impact individuals relying on the Ajira program for their income?

3. What alternatives would you suggest to support individuals in the Ajira digital program while increasing tax revenue? How would you propose phasing out the exemption to minimize impact?

Your feedback is highly valued, and we encourage you to* share your thoughts on any of these proposed amendments*. Your perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

On Mon, 20 May 2024 at 18:43, Steve Muchai <smuchai@gmail.com> wrote:

...

There are many more alarming proposals, especially the eco levy. The Bill seeks to introduce eco levy on computers, mobile phones, batteries, diapers... There are great analysis documents available at the following links:

https://www.pkfea.com/media/zodp4y3y/finance-bill-2024-tax-alert.pdf

https://www.oraro.co.ke/wp-content/uploads/2024/05/TAX-IMPLICATIONS-OF-THE-F...

https://bowmanslaw.com/wp-content/uploads/2024/05/Analysis-of-Finance-Bill-2...

Kind regards, Steve Muchai

On Tue, May 21, 2024 at 3:31 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Thank you so much for the Insights. Well noted.

On Mon, 20 May 2024, 18:14 Alloys Siaya, <alloys.siaya@gmail.com> wrote:

...

Dear listers,

Personal Data protection in Kenya is governed by the Data Protection Act of 2019. The Act gives effect to Article 31(c) and (d) of the Constitution of Kenya that contains the *right to privacy* which is a *fundamental human right*.

The *mandate* of the Office of the Data Protection Commissioner, as the *regulator *of matters data privacy in Kenya, and which *derives* from the Data Protection Act 2019, includes the following;

- *Regulation* of the processing of personal data; - *Ensuring* that the *processing of personal data* of a data subject is guided by the principles set out in section 25 of the Act; - *Protecting the privacy* of individuals’ data; - *Establishing* the *legal and institutional mechanism* to protect personal data; and - *Providing data subjects* with rights and remedies to protect their personal data from processing that is not in accordance with the Act

In the ODPC *role* and *functions,* is included the following;

- Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data. - Exercising *oversight* *on data processing* operations to verify whether the processing of data is done in accordance with the Act; - Receiving and *investigating* any complaint by any person on infringements of the rights under the Act; - Carrying out *inspections* (of public and private entities) with a view to evaluating the processing of personal data; - Ensuring the country’s *compliance* on data protection obligations *under international conventions and agreements*; What the bill proposes risks infringement with international conventions

The exemption sought in the Bill would breach a fundamental human right, and introduce a gap of *duplication*, and *risk*, in the execution of the above mandate, and *allow conflict* with possibility of the exempted entity pursuing a contra and conflicting mandate in accessing and/or processing of personal/organizational data.

The proposal should be rejected/dropped.

Instead, the need/intention for the Bill proposal should be addressed using the existing data protection legal framework, which is sufficient within the context of the subject Bill requirement. Perhaps with empowering the ODPC where there is weakness in regulation/enforcement capacity. Also, individuals should be encouraged to protect/take control of their personal data and to* support *organizations with their lawful processing of personal data.

Regards, Alloys Siaya

On Mon, May 20, 2024 at 11:11 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

> Greetings, > Looking forward to the engagement. > > Regards, > Chepkoech Towett. > > On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < > kictanet@lists.kictanet.or.ke> wrote: > >> *Dear Listers,* >> >> Greetings from KICTANet! >> >> As a leading advocate for ICT policy and regulation, *KICTANet* is >> dedicated to fostering collaboration and promoting an enabling environment >> in the ICT sector. With our strategic objectives focused on effective >> multi-stakeholder participation, we are committed to engaging with >> stakeholders like you to ensure robust, rights-based policies. >> >> We are reaching out to invite you to participate in the *three-day moderated >> online mailing list discussion *regarding the* Finance Bill, 2024 >> (National Assembly Bills No. 30 of 2024). This bill contains c*rucial >> proposals related to revenue-raising measures, including the digital >> service tax, liability and collection of taxes. Your insights and >> contributions are vital as we navigate these proposals and their potential >> impact on the ICT sector. >> >> The discussion will take place on the KICTANet mailing list from *Monday, >> May 20th to Wednesday, May 22nd* . Each day of the discussion will >> focus on specific aspects of the Finance Bill, 2024, allowing us to delve >> into its provisions and implications. >> >> We encourage you to review the Finance Bill, 2024 link attached >> and the template format of submission of the memorandum. We shall include a >> matrix presentation outlining our concerns and proposals regarding relevant >> provisions of the Finance Bill, 2024. Your feedback and perspectives are >> invaluable as we work towards promoting policies that support a thriving >> ICT ecosystem. >> >> >> http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20... >> >> Should you have any questions or require further information, >> please do not hesitate to reach out to lgichohi@kictanet.or.ke . >> We are eager to hear your thoughts and insights on this crucial matter. >> >> Thank you for your continued support and participation. We look >> forward to engaging with you in this discussion. >> >> Sincerely, >> >> Linda Gichohi. >> >> *Kenya ICT Action Network.* >> >> >> >> _______________________________________________ >> KICTANet mailing list -- kictanet@lists.kictanet.or.ke >> To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke >> Unsubscribe or change your options at: >> https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ >> >> Mailing List Posts Online: https://posts.kictanet.or.ke/ >> >> Twitter: https://twitter.com/KICTANet/ >> Facebook: https://www.facebook.com/KICTANet/ >> Instagram: https://www.instagram.com/KICTANet/ >> LinkedIn: https://www.linkedin.com/company/kictanet/ >> YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ >> WhatsApp Channel: >> https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K >> >> KICTANet is a multi-stakeholder Think Tank for people and >> institutions interested and involved in ICT policy and regulation. >> KICTANet is a catalyst for reform in the Information and >> Communication Technology sector. Its work is guided by four pillars >> of Policy Advocacy, Capacity Building, Research, and Stakeholder >> Engagement. >> >> 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. >> >> PRIVACY POLICY: See >> https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ >> >> KICTANet - The Power of Communities, is Kenya's premier ICT policy >> engagement platform. >> > _______________________________________________ > KICTANet mailing list -- kictanet@lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke > Unsubscribe or change your options at: > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > Mailing List Posts Online: https://posts.kictanet.or.ke/ > > Twitter: https://twitter.com/KICTANet/ > Facebook: https://www.facebook.com/KICTANet/ > Instagram: https://www.instagram.com/KICTANet/ > LinkedIn: https://www.linkedin.com/company/kictanet/ > YouTube: https://www.youtube.com/channel/UCbcLVjnPtTGBEeYLGUb2Yow/ > WhatsApp Channel: > https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K > > KICTANet is a multi-stakeholder Think Tank for people and > institutions interested and involved in ICT policy and regulation. > KICTANet is a catalyst for reform in the Information and > Communication Technology sector. Its work is guided by four pillars > of Policy Advocacy, Capacity Building, Research, and Stakeholder > Engagement. > > 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. > > PRIVACY POLICY: See > https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/ > > KICTANet - The Power of Communities, is Kenya's premier ICT policy > engagement platform. > _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

-- Kind Regards, Steve Muchai

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

--

*Barrack Otieno* *Trustee* *Kenya ICT Action Network (KICTAnet)* *Skype:barrack.otieno* *+254721325277*

*https://www.linkedin.com/in/barrack-otieno-2101262b/ <https://www.linkedin.com/in/barrack-otieno-2101262b/>* *www.kictanet.or.ke <http://www.kictanet.or.ke>*

*Regarding the proposed privacy provision...* It would be vital to get KRA’s narrative regarding this issue, to understand their context and rationale for said exemption. Without it it’s difficult to elucidate what and how the amendment can be improved or removed altogether. Would be great to have a clearer appreciation of KRA’s problem situation and any existing workarounds, gaps in the workarounds that may inform the proposed provision - then we can assess the necessity and proportionality of the provision considering the data protection issues that arise. We need to understand the what, how, when, from whom such data access and processing would be done for the said purpose of facilitating assessment, enforcement or collection of any tax or duty. I mean, KRA has lots of our data already? So as to appreciate the implementation process, so we can critique better, in the context of both exemption and/or a balanced approach that supports tax duties with data privacy obligations. *Taking the case of integration of KRA’s Data Management and Reporting System leading to transfer of detailed transaction data, including the names and addresses of payment recipients. What if names and addresses are of individuals? **And the case of KRA access to MPESA customers information and transaction data.* I suppose highlighting the critical privacy risks and harms like the range of autonomy harms should spark concern to KRA. KRA has data protection staff, so far I know, they could help shed light on this maybe? *Notwithstanding the above:* 1. Clearly KRA does not want data processing accountability under the DPA ‘19 for the stated intentions. So they can process as they see fit and any measures proposed or otherwise to “protect privacy” under the exemptions can’t hold weight under DPA oversight! 2. The soul of the law is in experience - we all know government abuse and misuse of legal leeways. 3. The ODPC has the power to make exemptions for “certain provisions”, would be interesting to see their preliminary opinions. *Final thought: For now, no exemptions should be offered in my opinion. **It’s difficult to propose an alternative affirmative amendment considering limited contextual info. Besides, court orders, legal warrants exist as suitable tools.* On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

*Dear Listers,*

Greetings from *KICTANet!*

Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.

*PROPOSAL: The Data Protection Act*

The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.

This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.

*Question:*

1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*

2. *What would you propose?*

We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network*

*Top of Form*

On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:

...

Greetings, Looking forward to the engagement.

Regards, Chepkoech Towett.

On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:

...

*Dear Listers,*

Greetings from KICTANet!

As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.

We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.

The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.

We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.

http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...

Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.

Thank you for your continued support and participation. We look forward to engaging with you in this discussion.

Sincerely,

Linda Gichohi.

*Kenya ICT Action Network.*

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

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.

PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.

-- --- *Cephas O.M *