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

8 Jul 2008

      Hi Alex,

KEPSA (info@kepsa.or.ke): private sector policy body with its own governance
structure. Elected as a director in private capacity and as KIF vice
chairman.

KIF (secretariat@kif.or.ke): membership-based industry association, member
of KEPSA's ICT section. Elected as vice-chairman.

Centurion Systems Ltd: (www.centurionsystemsltd.com) private company,
director, member of KIF.

Director of Engineering - Centurion Systems Ltd

Chairperson IEEE - Kenya Section

Chairperson - Engineering Students Exhibition

Governor - KEPSA

Director - KEPSA

Director - Innovation Africa

Director- Kenya ICT Board

Vice Chairman - Kenya ICT Federation

BOA - AIESEC

Member - National Strategy for University Education

Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya

General Co-Chair - Africon 2009

2nd Fl, New Rehema Hse, Raphta Rd, Westlands -Nairobi

P.O. BOX 66031 - 00800 Nrb.

Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750

Mobile: +254 722 517067

http://www.centurionsystemsltd.com

http://www.ieee.org

http://www.engineeringexhibition.co.ke

http://www.innovation-africa.net

http://www.kepsa.or.ke

http://www.powerup.co.ke

http://www.aiesec.org

http://www.africon2007.co.za

http://www.kif.or.ke

htpp://www.ict.go.ke 

http://www.globalcompact.org

http://www.undp.org/business/gsb

-----Original Message-----
From: waudo siganga [mailto:emailsignet@mailcan.com] 
Sent: Monday, July 07, 2008 9:40 PM
To: kevit desai
Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions'
Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya

Hello Kevit - Since you sent this message to KICTANET I can answer it on

the same forum. I think the picture being painted about a rosy situation

including "collaboration" is simply not true. The reason to  be frank is

that there a few in your KIF who do not want any other association to

have a voice in KEPSA or to interact with Government. Could you as a

KEPSA director ensure that all interested associations including the

major ones not in KIF are allowed room to contribute in KEPSA? It can be

sad if you mis-use your position in KEPSA only to promote KIF and crack

down on those you feel are in the way.

Waudo

On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"

<kevit@centurionsystemsltd.com> said:
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Hi Walu,
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Associations are welcome to be members of KEPSA. I would like to confirm
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that the KEPSA/KIF relationship is vibrant.  We would like to do a lot
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more
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and welcome more support.
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We appreciate Waudo's contributions at our last ministerial stakeholder
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forum.
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Collaboration is the way forward.
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Kevit Desai
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KEPSA Director
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-----Original Message-----
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From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
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[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
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On Behalf Of waudo siganga
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Sent: 07 July 2008 19:02
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To: kevit@centurionsystemsltd.com
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Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
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Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
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Kenya
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Hi Walu - I am catching you loud and clear on GPRS somewhere in the
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bush. I did bring out the issue of regulating the IT (or ICT) Profession
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on this list a few months ago. But the rather unenthusiastic response I
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got gave me the sense that possibly this was not the correct list since
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many of the subscribers appear just interested in ICT Policy rather than
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being actual IT Experts. Within the next two weeks there will be another
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list for professionals and you will be informed (you have the
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qualifications, don't you??). We are pushing for a registration board
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like thise done last yeaer for  nutritionists and Procurement
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Practitioners. There is a lot of work going on unheralded. All we need
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is a champion or chanpions in the right place.
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Waudo
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On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
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<jwalu@yahoo.com> said:
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Marcel,
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It looks like quite some work has been ongoing in this
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area...unfortunately it seems as if it was restricted within KIF only?
I
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wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
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Information Security Audit & Control (ISACA-Kenya Chapter) just to
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mention some of the big IT Associations in Kenya were involved. I beg to
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be enlightened.
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This brings in an old question - who really represents the IT Profession
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in Kenya?  Shem has been on record as saying that IT is the only
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discipline where we seem to lack bodies with the same authority as LSK
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(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
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Practictioners Board amongst others to regulate the IT Profession.
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And by the way, KICTAnet does not fit the bill either  (and has a
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different objective anyway).  But time has come to really start thinking
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of regulating the IT profession, even as we struggle to regulate the
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industry...Ideally, CSK should take the lead on this, but they have been
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awfully quite except when they award prizes at the end of the year
(Waudo
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I know u will kill me offline but I just had to say it!).
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KEPSA? very reputable and effective particularly in the Manufacturing
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sector but on IT? am not sure they have been as effective - particularly
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because the link between KEPSA/KIF and the IT industry has been 'cloudy'
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for lack of a better word...Can for example CSK or ISACA  be part of
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KEPSA without being part of KIF? I again need to be enlightened.
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O.K. I agree I did digress, but just thinking loudly and saying that as
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we think of regulating electronic transactions, we also need to
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simultaneously start regulating the IT profession..but maybe I am wrong.
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Particularly because regulation can and often leads to suppression...
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walu.
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--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
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From: Marcel Werner <marcelcwerner@gmail.com>
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Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
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To: jwalu@yahoo.com
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Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
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<kictanet@lists.kictanet.or.ke>
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Date: Sunday, July 6, 2008, 6:43 PM
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Legislation and Regulation for e-Commerce in Kenya
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Kenya ICT Federation (KIF) - Briefing Note # 3  - Report -
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Public Panel 19
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June 2008
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*Electronic commerce (e-commerce) will add at least one
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percent point growth
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to Kenya's overall economic growth within five years.
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This is contingent
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upon the adoption of legislation that supports electronic
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transactions. *Kenya,
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as an emerging economy and regional leader, lags behind in
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having a legal
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framework for e-commerce in place. The current situation is
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an anachronism
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hampering national development, placing provincial centres
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at a
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disadvantage, and harming global competitiveness. Both
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external and internal
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trade require the new framework.The Kenyan private sector
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strongly supports
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e-commerce legislation, as well as legislation of the
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Information and
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Communication Technology sector that guarantees an open
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market and promotes
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innovation.
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Why e-commerce law? Today, legislation supporting
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electronic transactions
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represents the single most powerful innovation opportunity
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in the legal
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framework of the ICT sector. Legislation is needed to:
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-Legalize e-commerce transactions by recognizing an
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electronic signature
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-Manage and control e-commerce risks
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-Remove e-commerce barriers
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KIF has studied drafts currently circulating in the public
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domain, the
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Information and Communications Bill, 2008, and the
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Electronic Transactions
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Bill, 2007, respectively, both of which are of the highest
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technical
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standards. Public panels and hearings with sectors of the
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economy (including
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tourism, agriculture, ICT) have been held on 6th and 27th
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May, 4th June and
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19th June. The Kenyan private sector has expressed
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overwhelming support for
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urgent legislation of e-commerce.
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Suggested improvements in Bills - The public panels and
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hearings to date
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have yielded the following important issues for improvement
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in the current
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Bills:
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-          Provisions on who can prosecute are missing
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-          Liability of Internet Service Providers must be
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demarcated
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-          Clarification on which commercial documents are
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excluded from
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proposed legislation
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-          Eliminate any ambiguity on admissibility of
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electronic evidence
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-          Need for data protection and privacy provisions
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-          The Bills are more lenient on e-commerce fraud
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than on
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traditional fraud
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-          Remove inconsistencies in determining crimes and
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punishments
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-          Provisions for the inclusion of cyber-crime
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within the scope of
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the Extradition Act
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-          Creation of an Administrator for e-commerce laws
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whose functions
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will be policy implementation and advisory, as a
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multi-sectoral body with
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industry associations including KIF, lead regulator
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Communications
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Commission of Kenya and co-regulator Central Bank of Kenya
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Gains in tourism, agriculture, healthcare
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Industry sectors, notably the tourism industry, are
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expressing their desire
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to see e-commerce covered by law. In tourism, on-line
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travel bookings have
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exceeded 80% in the USA and 50% in Europe. Decline in
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off-line bookings is
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in ample evidence. Those destinations that cannot legally
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support abundant
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on-line booking, such as Kenya, will loose market share.
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E-commerce in
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agriculture will improve small-holder's living
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standards. Great impact is
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expected notably in the coffee sector that provides
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livelihood to at least 5
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million Kenyans, as well as in the dairy industry.
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Healthcare efficiency and
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affordability will improve by on-line health data
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management systems.
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Business operators in rural towns and rural centres have
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also expressed keen
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interest, as they see scope to address issues of trade
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efficiency and
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security in rural Kenya.
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What is e-commerce
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E-commerce is a method of trading that replaces paper-based
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documentation by
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a mutually binding electronic protocol between buyers and
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sellers.
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E-commerce is gaining ground globally and has become an
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irreversible trend.
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Many trading partners are already practicing e-commerce, by
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mutual
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agreement, also in Kenya. However, e-commerce will reach
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its full potential
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when parties that do not know each other are able to trade
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with full mutual
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protection under the law. This will benefit large numbers
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of consumers and
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businesses, including small-holder farmers, tourism
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operators, small-scale
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industry and services providers in almost any business
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sector.
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About KIF
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The Kenya Information and Communication Technology
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Federation (KIF)
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represents the ICT industry with Government and with
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private sector bodies
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e.g. Kenya Association of Manufacturers and Kenya Private
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Sector Alliance
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KEPSA <http://www.kepsa.org/>. KIF is a legally
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registered membership based
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Association, made up of trade associations and professional
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bodies within
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the national ICT industry, as well as commercial
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corporations. KIF has been
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accepted as the private sector voice of ICT by Government.
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KIF contributes
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ideas to key sectors like healthcare, education,
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agriculture, construction
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industry, and last but not least supports e-government
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development. KIF is a
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membership-driven organisation. Members bring issues on
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public policy and
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industry development forward for KIF to take action. Issues
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include:
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innovation promotion, education improvement, duties, taxes
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and levies, rural
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ICT investment. KIF has a strong and active network, with
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excellent
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relationships with all government agencies. KIF membership
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is open for
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market segment associations and individual companies.
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Membership charges are
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annual and based on company size. Contact:
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secretariat@kif.or.ke, 020
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4440102
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MARCEL WERNER, Chairman, Kenya ICT Federation
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please send any business mail to:
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Marcel.Werner@innovation-africa.or.ke_______________________________________
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