Hi Kamotho, Your observations make sense. I have taken some time to glimpse through the documents as well as skim through the website. I just have the following humble observation to make: 1. Composition of the task force: (It is on this basis that the government and the private sector have considered it necessary to come up with a legislation to guide the implementation and management of this critical infrastructure. Given the fact that this Critical Infrastructure affects both the Public and Private sectors in the delivery of services, the Ministry of ICT saw the need to form a taskforce with representation from both sectors. Ministry of Transport and infrastructure together with Ministry of Energy are considered the major implementers of key infrastructure in government and were therefore picked to represent the public sector.) I stand to be corrected but i have noticed that the task force is made up of members of the Public ( read Government) and Private Sector. Kenya is a global leader in ICT Policy developement and we have always been praised for being a great example in so far as multi stakeholderism is concerned. The current ICT pollicy was developed through the same process that brought together government, private sector, civil society and academia. From the current committee i am unable to see representation from academia and civil society which in my humble opinion are critical cogs in the multi-stakeholder process. Be that as it may, i could be wrong but in future, let us consider all stakeholder groupings to avoid unnecessary suspicions and misgivings that could have been resolved through wider consultative processes. Finally i hope we can consider building proper conduits that can allow easy and proper enforcement of the above mentioned bills otherwise as it stands road contractors and other well meaning citizens might find themselves on the wrong sides of the law and as we know very few can afford the 10 million shillings fine and Justice be our shield and defender will come to naught. From a Security standpoint the bill is well thought. Best Regards On 9/1/15, Kamotho Njenga via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Thanks Phyllis for sharing the documents.

There is no doubt that a lot of effort has been expended into this exercise. As much as possible I would have really wished to extend my compliments, but I am constrained in view of the following among other issues:

1. The mandate of the task force was couched in the following terms: "*It is notified for the general information of the public that the Cabinet Secretary, Ministry of Information Communication and Technology has appointed a task-force for the formulation of the Critical Infrastructure Bill under the **Kenya Information and Communications Act." *(Emphasis mine). However hard one tries, it is still difficult to trace the ICT factor within the content of the Bill. My estimation was that the bill would bring out specific action points that would make it convenient and safe to deploy ICT infrastructure. At the least I expected a firm position on the perennial headache of technology way leaves

2. The Bill inclines heavily to the routine issues of infrastructure security and the attendant penalties which are adequately provided for in the Penal Code. In fact it goes ahead to introduce draconian sentences for controversial Take for instance Section 41 (3) which is framed as follows: "*An inspector may arrest, without a warrant, any person whom he suspects upon reasonable grounds of having committed any offence under this Act and may search and detain such a person" *or Section 39 which reads: *Any person convicted of any offence in this Act, where no penalty is provided shall be liable, on conviction, to a fine of not less than ten million shillings or to imprisonment for a term of not less than fifteen or to both. *If basic constitutional advice was sought, it would have been established that these and many other clauses are untenable.

3. The drafters of the bill openly confess that theirs was a mission to craft a security bill and not an ICT related bill. This is evidenced by the large signing space prepared for none other than Hon. Nkaissery, the CS for Interior and Coordination. While there is nothing wrong in pulling together as brothers, how on earth does a task force appointed by the CS for ICT end up generating a bill for the Interior ministry with no apologies? If you sat in that committee... please, is this the way you treat the hand that massages you? Have you made arrangements with the interior ministry so that on its own motion it will reciprocate and give us an ICT related bill?

Kamotho

On Tue, Sep 1, 2015 at 3:56 PM, Phyllis Nyambura via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Listers,

Today, the *Critical Infrastructure Protection Bill and policy *were handed over to the Cabinet Secretary, Dr Fred Matiangi, and will be in Parliament soon. You can review both documents as below:

http://www.icta.go.ke/downloads/CIP_DRAFT_POLICY.pdf

http://www.icta.go.ke/downloads/critical-bill.pdf

Press Release: www.icta.go.ke

Comments can be sent to critical@ict.go.ke

Kind Regards, Phyllis Nyambura Communication Writer The ICT Authority

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