Feedback on the 2016 ICT POLICY - REMINDER No. 7
Bwana PS Kyalo The above refers. Could you kindly update us on the way forward regarding the 2016 ICT Policy? We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein. We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document. Thank you and looking forward to your response. Regards Ali Hussein Principal Hussein & Associates +254 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi Sent from my iPad
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016. Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this. All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided *expeditiously* at a reasonable cost. This means that information should be provided with *“speed and efficiency”* otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined. In this regard I add my voice to request for the amended Draft ICT Policy to be provided *expeditiously* as provided by the law for further scrutiny. Regards, Esther Kamande Advocate | Policy Analyst Twitter: @enkamande On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/ mailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
Esther In the event that this request continues to be ignored what recourse do we have to enforce such said request? Ali Hussein Principal Hussein & Associates +254 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle Sent from my iPad
On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016.
Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this.
All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided expeditiously at a reasonable cost. This means that information should be provided with “speed and efficiency” otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined.
In this regard I add my voice to request for the amended Draft ICT Policy to be provided expeditiously as provided by the law for further scrutiny.
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet <kictanet@lists.kictanet.or.ke> wrote: Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
Ali Hussein Principal Hussein & Associates +254 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
Thank you Ali for keeping the issue alive over all these months. In addition to the policy, there have been several reports in the news about a cyber crime Bill that is being developed to be in place before elections. http://www.ict.go.ke/government-to-curb-cyber-crimes/ and http://www.the-star.co.ke/news/2016/08/24/cyber-crime-law-to-be-enforced-bef... Is the (draft) Bill emanating from the policy framework we participated in? How can we as a community be able to give input to that Bill as early as possible in order to avoid the latent expedition of law making processes that is likely to manifest when Parliament convenes for its last session before elections? Regards, 2017-01-18 5:56 GMT+03:00 Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke>:
Esther
In the event that this request continues to be ignored what recourse do we have to enforce such said request?
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113 <+254%20713%20601113>
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016.
Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this.
All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided *expeditiously* at a reasonable cost. This means that information should be provided with *“speed and efficiency”* otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined.
In this regard I add my voice to request for the amended Draft ICT Policy to be provided *expeditiously* as provided by the law for further scrutiny.
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113 <+254%20713%20601113>
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/ mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/ mailman/options/kictanet/nmutungu%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
-- Grace L.N. Mutung'u Skype: gracebomu Twitter: @Bomu <http://www.diplointernetgovernance.org/profile/GraceMutungu> PGP ID : 0x33A3450F
Dear Ali, Thank you for not giving up. To answer your question to Esther I suggest a three step course of action:- 1. We formally write to the ministry requesting feedback on the query and demand feedback in a specific time say 14 days because they have had adequate time to digest the issue. 2. If we get no feedback we will write to the Commission on Administrative Justice under the Commission of Administrative Justice Act no 23 of 2011 where we will report that the said ministry has failed or is completely unwilling to engage us in the policy formulation as we are not been made aware of what the final document is and exactly what the impact of our input was....this in itself is an injustice to the ICT fraternity perpetuated by relevant ministry officials. 3. If any policy document is passed before we have been engaged further, we will file a constitutional petition seeking to render the said document unconstitutional by virtue of the lack of public participation. In the said petition we will be seeking an interpretation on the requirement of public participation and what effect this should have when public bodies engage the public. Is it just a box to be ticked in the meeting of requirements or what procedure should be utilised when adopting or discarding public opinion in the creation of policy? This is so that public participation does not become an action in futility which I must say it is increasingly the sad state of affairs. I'm sure the section was not placed in the constitution to have a decorative effect. My two cents. Kind regards, Rosemary Koech-Kimwatu. Advocate- FinTech and ICT Policy. On 18 Jan 2017 07:34, "Grace B via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for keeping the issue alive over all these months. In addition to the policy, there have been several reports in the news about a cyber crime Bill that is being developed to be in place before elections. http://www.ict.go.ke/government-to-curb-cyber-crimes/ and http://www.the-star.co.ke/news/2016/08/24/cyber-crime- law-to-be-enforced-before-polls-to-curb-incitement-cs_c1408304
Is the (draft) Bill emanating from the policy framework we participated in? How can we as a community be able to give input to that Bill as early as possible in order to avoid the latent expedition of law making processes that is likely to manifest when Parliament convenes for its last session before elections?
Regards,
2017-01-18 5:56 GMT+03:00 Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke>:
Esther
In the event that this request continues to be ignored what recourse do we have to enforce such said request?
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113 <+254%20713%20601113>
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016.
Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this.
All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided *expeditiously* at a reasonable cost. This means that information should be provided with *“speed and efficiency”* otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined.
In this regard I add my voice to request for the amended Draft ICT Policy to be provided *expeditiously* as provided by the law for further scrutiny.
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113 <+254%20713%20601113>
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/nmutungu%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
-- Grace L.N. Mutung'u Skype: gracebomu Twitter: @Bomu
<http://www.diplointernetgovernance.org/profile/GraceMutungu>
PGP ID : 0x33A3450F
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/ mailman/options/kictanet/chemukoechk%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
Regarding the steps to be taken for failure to avail public documents; Section 7 to 24 of the Access to information Act. 31 of 2016 lays out the procedure for requesting for access to information to be made in writing and presented to the chief executive officer of the public entity or the designated information officer where this function has been delegated (section 7 and 8). The officer is required to provide feedback on the same within *twenty one days of receipt of the application* either approving the request or declining and providing reasons for this. This decision can be appealed before the Commission on Administrative Justice which has powers to summon the person(s) holding the information for inquiry and make orders for immediate access. If the commission fails to give the orders sought and the applicant is not satisfied with the reasons for the same, the applicant can seek legal redress for violation of this right at the High Court and the policy document can also be challenged on the basis. Section 7 provides that a formal application in writing is made to the Ministry of ICT and addressed to the *Chief Executive Officer *as interpreted in* section 2 *of the Act as the *Principal Secretary in the case of a Government Ministry or Department* who in this case is the *Cabinet Secretary Mr Joseph Mucheru* who will advise if he has delegated his function as the Information Access Officer under the Act to any officer of the Ministry of ICT. The reminder addressed to the PS. Mr Victor Kyalo is only sufficient if the function of the Information Access Officer under the Act has been delegated to him by the CS. Regards, Esther Kamande Advocate | Policy Analyst Twitter: @enkamande On Wed, Jan 18, 2017 at 5:56 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Esther
In the event that this request continues to be ignored what recourse do we have to enforce such said request?
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016.
Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this.
All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided *expeditiously* at a reasonable cost. This means that information should be provided with *“speed and efficiency”* otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined.
In this regard I add my voice to request for the amended Draft ICT Policy to be provided *expeditiously* as provided by the law for further scrutiny.
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
*Ali Hussein* *Principal* *Hussein & Associates* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/m ailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
Esther Thank you for this. Much appreciated. Ali Hussein Principal Hussein & Associates +254 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle Sent from my iPad
On 18 Jan 2017, at 12:47 PM, esther kamande via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Regarding the steps to be taken for failure to avail public documents; Section 7 to 24 of the Access to information Act. 31 of 2016 lays out the procedure for requesting for access to information to be made in writing and presented to the chief executive officer of the public entity or the designated information officer where this function has been delegated (section 7 and 8).
The officer is required to provide feedback on the same within twenty one days of receipt of the application either approving the request or declining and providing reasons for this.
This decision can be appealed before the Commission on Administrative Justice which has powers to summon the person(s) holding the information for inquiry and make orders for immediate access. If the commission fails to give the orders sought and the applicant is not satisfied with the reasons for the same, the applicant can seek legal redress for violation of this right at the High Court and the policy document can also be challenged on the basis.
Section 7 provides that a formal application in writing is made to the Ministry of ICT and addressed to the Chief Executive Officer as interpreted in section 2 of the Act as the Principal Secretary in the case of a Government Ministry or Department who in this case is the Cabinet Secretary Mr Joseph Mucheru who will advise if he has delegated his function as the Information Access Officer under the Act to any officer of the Ministry of ICT.
The reminder addressed to the PS. Mr Victor Kyalo is only sufficient if the function of the Information Access Officer under the Act has been delegated to him by the CS.
Regards,
Esther Kamande Advocate | Policy Analyst
Twitter: @enkamande
On Wed, Jan 18, 2017 at 5:56 AM, Ali Hussein <ali@hussein.me.ke> wrote: Esther
In the event that this request continues to be ignored what recourse do we have to enforce such said request?
Ali Hussein Principal Hussein & Associates +254 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali for the 7th Reminder, I am equally concerned as no feedback on the same has been forthcoming for almost 6 months since July 2016.
Article 35 of the constitution introduced a number of reforms emphasizing on open-decision making process, citizen participation and the role of transparency in building up an informed citizenry towards a democratic nation. In practice, open decision-making is to a large extent realized through the right of the general public to access documents and Access to Information Act No. 31 of 2016, breathes life into this.
All documents held by the state with the exceptions as provided for in section 6 of the Access to information Act. 31 of 2016 are public therefore the amended Draft ICT Policy document must be provided to the public for further scrutiny after the comments have been taken into account. Furthermore, section 4 (3) is very clear on information held by a public entity or a private body to be provided expeditiously at a reasonable cost. This means that information should be provided with “speed and efficiency” otherwise it undermines this right as well as democracy. It has been 6 months and counting therefore this right is being undermined.
In this regard I add my voice to request for the amended Draft ICT Policy to be provided expeditiously as provided by the law for further scrutiny.
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet <kictanet@lists.kictanet.or.ke> wrote: Bwana PS Kyalo
The above refers.
Could you kindly update us on the way forward regarding the 2016 ICT Policy?
We would like to know how the community can help further and when the Policy will be become a 'live' document so we can be able to delve into it and extract the gems that lie therein.
We would also like to know how the multi-stakeholder engagement benefited the development of the Policy, what was added, removed and the criteria used to do so. Of course we are also keen to see the final document.
Thank you and looking forward to your response.
Regards
Ali Hussein Principal Hussein & Associates +254 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim
"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought". ~ Albert Szent-Györgyi
Sent from my iPad
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/enkamande%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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.
participants (4)
-
Ali Hussein -
esther kamande -
Grace B -
Rosemary Koech-Kimwatu