Bwana PS Good morning. Do you or the Ministry have any feed back for the community? My last email and your response dated 20th January refers. See below email thread. We are now entering almost a year since this process started. We are keen to know:- 1. Has this now been shelved and we should await a New Government after the elections? 2. Has this now been finalized awaiting go ahead to share with the community? 3. I'm personally keen to find out what part of the strategy is informing the Single Market Vision for East Africa that MOICT is spearheading. We would appreciate your expedite response on this. Thank you and Regards 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 20 Jan 2017, at 7:25 AM, "sammyitemere@gmail.com" <sammyitemere@gmail.com> wrote:

Thank you Ali your sentiments and concerns are noted. Regards Sammy

Sent from my Huawei Mobile

-------- Original Message -------- Subject: Re: [kictanet] Feedback on the 2016 ICT POLICY - REMINDER No. 7 From: Ali Hussein To: KICTAnet ICT Policy Discussions CC: Sammy Itemere

Bwana PS

First let me thank for finally responding to our requests and to acknowledge your commitment to serving the public.

However, it will be remiss of me if I didn't point out a few things.

1. This document is now six months overdue. The multi stakeholder committee that collated all views last met in Mid-August 2016. We waited for 4 months before we requested for this information. You would agree with me that six months is too long for such an important document to be released. We are in the ICT sector. Our very nature is speed. So you can understand our concerns.

2. With all due respect to PS Kyalo, traveling doesn't excuse him from the tardiness of not responding to requests for two months. Unless he was in countries that had no connectivity. He could also have delegated. This is not acceptable for such a Senior Public Servant.

3. Sir, I would also like to quote Esther:-

"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."

I believe this is self explanatory.

4. Notwithstanding all that you have said it would be great to get an idea of when this document would be ready for Public Consumption. The country is already entering electioneering period, Bills are being proposed (for example we understand that the Cyber-Security Bill will be tabled in parliament soon) which may or may not be tied to the Policy document.

We look forward to a quick resolution to this issue.

Regards

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 19 Jan 2017, at 5:34 PM, Sammy Itemere via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Friends,

If l recall we had public participation in the ICT policy formulation last year where this forum participated in the said process. The document was then handed over to the Ministry for our further action. We are in the final stages of this document and the Ministry will revert should we need any further input.

My colleague PS Kyalo has been traveling and might not have had the opportunity to respond on your concern. We would like to assure you that we are committed to having the same released at the earliest opportune time.

Regards

Sammy

...

On Thu, Jan 19, 2017 at 3:17 PM, Nanjira Sambuli via kictanet <kictanet@lists.kictanet.or.ke> wrote: Sounds like a solid plan.

Will KICTANet officials lead in drafting this? We can then undersign accordingly…

Regards,

Nanjira www.nanjira.com

About.Me | Twitter | LinkedIn | Skype

IM: +254722481566 (WhatsApp | Telegram | iMessage) PGP: 1DBE1F47A6878B0D

...

On Jan 18, 2017, at 2:22 PM, kictanet-request@lists.kictanet.or.ke wrote:

Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke

To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke

You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke

When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..."

Today's Topics:

1. Re: Feedback on the 2016 ICT POLICY - REMINDER No. 7 (Rosemary Koech-Kimwatu)

----------------------------------------------------------------------

Message: 1 Date: Wed, 18 Jan 2017 14:19:30 +0300 From: Rosemary Koech-Kimwatu <chemukoechk@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Feedback on the 2016 ICT POLICY - REMINDER No. 7 Message-ID: <CAApgMtw9RsTu02YehMqRorszwa9=Nh0eTgzdC4kSY_ohkr8Z2w@mail.gmail.com> Content-Type: text/plain; charset="utf-8"

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-Gy?rgyi > > 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.