Paul Korir and James Kulubi I stand educated on some of the provisions of the Science Technology and Innovation Act of 2012.  I think this is debate worth engaging in to have some of the offending sections struck out. It is possible the "voices" needed to forestall the inclusion of the said sections weren't loud (or powerful) enough to be felt by the drafters of the Act. My 2 cents observation is that the lobbying potential of the Science, Technology and Innovation "sector" is very weak; unlike sectors like manufacturers (with KAM) and the larger private sector (with KEPSA) the myriad of organizations in the sector (e.g. in ICT) present a weak front to mount any meaningful lobby. But I also see the large number of universities as a blessing of some sorts; now suppose they work with the regulator CHE (if the law allows) they can be a formidable force to occasion change in the act. Research (basic or applied) and the entire science and technology sector are too important a cog in the wheels of development to be constrained by sections in the laws such as this.  My reading: we need to do more. Cheers! Matunda Nyanchama Message: 2 Date: Thu, 26 Feb 2015 06:20:00 +0000 From: James Kulubi <jkulubi@yahoo.co.uk> To: Paul Korir <polariseke@gmail.com>, KICTAnet ICT Policy Discussions     <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kenya's Silicon Savannah & the Need    to do     more Message-ID:     <1424931600.16271.YahooMailBasic@web172102.mail.ir2.yahoo.com> Content-Type: text/plain; charset=utf-8 Paul, you hit the nail on the head. The problems facing research and innovation commenced in the late 70s when some experts thought that research and innovation could only be carried out by institutions created by a Science and Technology law.  Upon enactment, the law created the KEMRIs, KIRDIs,  KEFRIS, KARIs and allowed the government to create additional research institutes when necessary. With the government diverting research funds to these institutions, the University of Nairobi (only university in the 1970s) started experiencing both human and capital problems as active researchers drifted to these institutes and the government cut the university research budget. This served well the political system of the day since they wanted to tame political radicalism at the university by diverting the much needed funds to these ill conceived institutions.  The political elite overlooked the fact that the university  can  conduct research at very low cost since students are not paid to carry out research (instead they pay the institution through fees, research grants, etc) and by design students are always graduating from the institution thus avoiding problems associated with ageing researchers.  Proponents of modern university would tell you that the Science and Technology Act killed the ?triple helix?, i.e the interplay between the university, industry and government and reduced the universities to lecturing, evaluating and degree granting institutions.  Lastly, although licensing of researchers may be necessary in certain fields such as medicine on ethical basis, it should not apply to all fields. The drafters of the STIA 2013 needed to be more specific in this regard or specify that regulations will be developed covering the fields to be licensing and that the regulations will be reviewed from time to time. James A. Kulubi -------------------------------------------- On Thu, 26/2/15, Paul Korir via kictanet <kictanet@lists.kictanet.or.ke> wrote: Subject: [kictanet] Kenya's Silicon Savannah & the Need    to do more To: jkulubi@yahoo.co.uk Date: Thursday, 26 February, 2015, 3:21 Listers,? I recall reading the Science Technology and Innovation Act of 2013 (STIA 2013) and being sorely disappointed at some of the articles in that piece of law. I?m not convinced that that is the kind of law that will advance Kenya. If anything, it has taken us back (pre-1976 when the previous legislation was signed into law). For example, article 12 criminalises scientific research except with with a license, which is clearly in contravention of article 33 (c) of the constitution (academic and scientific freedom). The penalty of this contravention is a fine of up to five million or a sentence of four years.? Unless I?m missing something could someone please explain how this is progress? The previous law was in harmony with international laws (to the best of my understanding) in support of scientific research but these were thrown out because NACOSTI (previously NSTI, if I recall) had been operating ?illegally? (i.e. demanding licenses without any legal basis). Now STIA 2013 makes it legal and given NACOSTI the teeth it needs to enforce its agenda. In fact, private companies are required to pay the highest research license fees. These are things which only happen in developing countries and stifle creative innovation for short-term gain. Paul Korir, PhD+353 86 224 1966+254 72 400 4767  ---------------------------------------------------------------------------------------------- Matunda Nyanchama, PhD, CISSP; mnyanchama@aganoconsulting.com Agano Consulting Inc.;  www.aganoconsulting.com; Twitter: nmatunda;  Skype: okiambe ----------------------------------------------------------------------------------------------Manage your ICT risks! We are the experts you need! The trusted partners you deserve!Call: +1-888-587-1150 (Canada) +254-20-267-0743 (Kenya) or info@aganoconsulting.comLicensed by Communications Authority of Kenya (CA) ----------------------------------------------------------------------------------------------"The best revenge is massive success" - Frank Sinatra----------------------------------------------------------------------------------------------- This e-mail, including attachments, may be privileged and may contain confidential or proprietary information intended only for the addressee(s). 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