According to a survey conducted in the year 2008 presented by Dell and the economist intelligence unit at the economist emerging markets summit 2008, managers in the worlds fastest growing economies place a very high value on the role of ICT in business and its effect on operational efficiency, however some perceive high technology costs along with skills shortages, poor telecommunications infrastructure and *lack of central* *government ICT * strategy as obstacles to their firms effective use of ICT's. The fact that the president has assented to the act is a sign of commitment by the president that Kenya is ready to engage its European counterparts in the global economy since the law defines punitive measures that can be meted to those who engage in Cyber Crime which has been a thorn in the flesh for many emerging economies embracing electronic commerce. The fact that there was no law to regulate electronic transactions was akin to investing in war ravaged Somalia where there are no policies to regulate the business sector which exposes any investor to very high risks. Electronic signatures are backed by valid European laws and thus qualified digital signatures are of great importance to all businesses that must do transactions with European partners because they have a very deep juridical value. A secure digital signature warrants authentication integrity, confidentiality and non-repudiation of a signatory, these are the most desired guarantees in e – business. Strong digital signatures have widespread use for high value e-commerce situations. Everyone wants to be sure his/her contract is valid and there is no hacker interference. We are in a global economy and Kenya is fast becoming a key of shore destination for business process outsourcing. Entry of the submarine cables Eassy, SEACOM and Teams will only serve to accelerate this that is why we really need legislation for the ICT sector. Kenya has a highly trained human resource base that is multilingual; our time zone is also favorable in relation to our European counterparts. Having an ICT ACT will provide the confidence required by international investors to do business with Kenya. This will in term open up new opportunities in Business process outsourcing and e-commerce. In my humble opinion amendment of the principal act by repealing part VII and inserting the parts 84 (1) and 85 up to 100 that outline the functions of the communications commission of Kenya in relation to electronic transactions are a great milestone towards regulating the ICT sector and this will boost investor confidence. None the less this is a start and can always be improved On Thu, Jan 15, 2009 at 12:43 PM, John Walubengo <jwalu@yahoo.com> wrote:

Gilda/Brian,

Ofcourse the Act means Law and is indeed in force(effective) despite the fact that the Judiciary, the Bar, Police and other institutions must update themselves with things ICT. This wont happen overnite...

Are there any benefits for IT fraternity being articulated at the Public forum as well? Plse update.

walu.

--- On Thu, 1/15/09, Gilda Odera <godera@skyweb.co.ke> wrote:

...

From: Gilda Odera <godera@skyweb.co.ke> Subject: Re: [kictanet] Running commentary from Stakeholders meeting on KCAAmendments To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, January 15, 2009, 11:56 AM Brian,

This was clearly laid out to us in the Tuesday breakfast meeting by Hon. Poghisio. I am surprised not many got it.

Gilda

----- Original Message ----- From: Brian Longwe To: Gilda Odera Cc: KICTAnet ICT Policy Discussions Sent: Thursday, January 15, 2009 10:46 AM Subject: [kictanet] Running commentary from Stakeholders meeting on KCAAmendments

Hi all,

We have just been categorically informed that the recently passec Kenya Communications (Amendment) Act, 2008 is actually in force, effective and totally, completely LAW.

We are also informed that it is NOT A MEDIA LAW - there is already a Media Act

This is contrary to many who have alleged that the law has been withheld - pending review....

wow.....

Brian

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