Should We Reserve a Slot for an ICT Professional Within the IEBC Commission??
[image: image.png] Dear Listers, In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question: "IEBC Commission: Should We Reserve a Slot for an ICT Professional? Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial." Read the rest of the article here: https://tinyurl.com/3sh2h4vt -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>
Hi David Interesting question. I was pondering the same early this week and my answer is yes. The issue would be the process of getting there and I think we have a number. The best would be if it's anchored in the constitution. Meaning that should there be any process to amend the IEBC section, then the sector should consider adding their voice to it. The second is to Parliament and the select committee that oversees this process. A memo to them, quite early in their process should suffice. The same can also be sent to the President. The last is to encourage colleagues to put their names out there when the time comes. A representative process closer to the IPPG one could also work, if such an opportunity arises or legal revisions lend themselves to it. Thank you On Thu, Sep 1, 2022 at 3:23 PM David Indeje via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
[image: image.png] Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt
-- *Kind Regards,*
*David Indeje*
*KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/> _______________________________________________ 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/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- "In the whole wide world, Africa comes first. Let Africans remain as Africans and not become poor copies of Europeans. I am proud of my colour, whoever is not proud of his colour is not fit to live. Some people took to war, we took to peace; Some people took to hate, we took to love; Some people took to anger, we took to laughter. Only the best is good enough for Africa." Rev. (Dr.) Samuel Aggrey. Twitter @oleshitemi www.shitemi.com <http://oleshitemi.wordpress.com/> w <http://oleshitemi.wordpress.com/>ww.dhahabu.co.ke
Amendments to the IEBC act[0] are possible, see for example[1]. A constitutional amendment is not needed as the constitution does not go into details on who can be a commissioner[2]. The IEBC act Revision 2012[3], specifies: 1. Selection Panel (1) Within fourteen days of the commencement of this Act, the President shall, in consultation with the Prime Minister and with the approval of the National Assembly, appoint a Selection Panel comprising of— (a) two persons, being one man and one woman, nominated by the President; (b) two persons, being one man and one woman, nominated by the Prime Minister; (c) one person nominated by the Judicial Service Commission; (d) one person nominated by the Kenya Anti-Corruption Advisory Board; and (e) one person nominated by the Association of Professional Societies of East Africa The current act Revision 2020[1] specifies: 1. Selection Panel (1) At least six months before the lapse of the term of the chairperson or member of the Commission or within fourteen days of the declaration of a vacancy in the office of the chairperson or member of the Commission under the Constitution or this Act, the President shall appoint a selection panel consisting of seven persons for the purposes of appointment of the chairperson or member of the Commission. (2) The selection panel shall consist of — (a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya. It seems that professional bodies have been preferred. At present the ICT sector does not have a strong representative body, for example comparable to the ACM in the USA or the Institute of Electronics of the Chinese Academy of Sciences. Essentially, a body capable of joining the International Federation for Information Processing[3] is needed. The Kenya National Academy of Sciences[4] may also play a good role, though at present the website appears to be down. The IEBC act does not include commissioners with a technical background, who might be able to understand engineering of KIEMS kits, the details of biometric identification and results transmission. In addition to a computer science/IT professional, it would be good for an Engineering body such as The Institution of Engineers of Kenya[5] to also make a nomination. Delimitation of boundaries is an important part of the requirements of the IEBC, technical expertise in this area is also welcome to prevent gerrymandering. 0) https://www.iebc.or.ke/uploads/resources/8Z5fmROhVD.pdf 1) http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheIndependentElecto... 2) http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/IndependentElectorala... 3) http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010#KE/C... 4) http://www.ifip.org/ 5) https://www.knascience.or.ke/ 6) https://iekenya.org On 9/1/22 15:42, Shitemi Khamadi via KICTANet wrote:
Hi David
Interesting question. I was pondering the same early this week and my answer is yes. The issue would be the process of getting there and I think we have a number.
The best would be if it's anchored in the constitution. Meaning that should there be any process to amend the IEBC section, then the sector should consider adding their voice to it. The second is to Parliament and the select committee that oversees this process. A memo to them, quite early in their process should suffice. The same can also be sent to the President. The last is to encourage colleagues to put their names out there when the time comes.
A representative process closer to the IPPG one could also work, if such an opportunity arises or legal revisions lend themselves to it.
Thank you
On Thu, Sep 1, 2022 at 3:23 PM David Indeje via KICTANet <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>> wrote:
image.png Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt <https://tinyurl.com/3sh2h4vt>
-- *Kind Regards,*
**
*David Indeje*
*KICTANet Communications *_____________________________________
+254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/> _______________________________________________ KICTANet mailing list KICTANet@lists.kictanet.or.ke <mailto:KICTANet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet <https://lists.kictanet.or.ke/mailman/listinfo/kictanet> Twitter: http://twitter.com/kictanet <http://twitter.com/kictanet> Facebook: https://www.facebook.com/KICTANet/ <https://www.facebook.com/KICTANet/>
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- "In the whole wide world, Africa comes first. Let Africans remain as Africans and not become poor copies of Europeans. I am proud of my colour, whoever is not proud of his colour is not fit to live. Some people took to war, we took to peace; Some people took to hate, we took to love; Some people took to anger, we took to laughter. Only the best is good enough for Africa." Rev. (Dr.) Samuel Aggrey. Twitter @oleshitemi www.shitemi.com <http://oleshitemi.wordpress.com/> w <http://oleshitemi.wordpress.com/>ww.dhahabu.co.ke <http://ww.dhahabu.co.ke>
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Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/benson_muite%40emailpl...
KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
Currently the selection panel consists of:
(a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya.
The IEBC mandate[0] is: The continuous registration of voters and revision of the voter'roll; The delimitation of constituencies and wards; The regulation of political parties process; The settlement of electoral disputes; The registration of candidates for elections; Voter education; The facilitation of the observation, monitoring and evaluation of elections; The regulation of money spent by a candidate or party in respect of any election; The development of a code of conduct for candidates and parties; The monitoring of compliance with legislation on nomination of candidates by parties. In addition to the Institution of Engineers of Kenya[1] (technical aspects of elections), some other relevant bodies are : - The Institution of Surveyors of Kenya[2] (delimitation of constituencies and wards) - The Teachers Service Commission[3] (voter education) - Media Council of Kenya[4] (voter education, monitoring) The performance of the IEBC in technical, education and public information has been substandard. The current selection process does guarantee inclusion of representatives that can evaluate the effectiveness of the commission in all areas relevant to its mandate. As such the act could be amended to have a selection panel composed of: (a) two persons nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; (c) two persons nominated by the Inter-religious Council of Kenya; (d) one person nominated by the Institution of Engineers of Kenya; (e) one person nominated by the Institution of Surveyors of Kenya; (f) one person nominated by the Teachers Service Commission; and (g) one person nominated by the Media Council of Kenya. This would increase the members of the selection panel by two people to 9, and have an associated increase in costs, but a more effective IEBC would also be more cost efficient. The number of commissioners would also remain the same, and the selection panel members do not do this as a full time position. Amendments can be done as private bill sponsored by a single member of the national assembly (as was the case for the ICT Practitioners bill). A petition[5] is another way to have the matter considered. Of course, there maybe better ways to achieve the intended outcome of a more effective IEBC. A thought provoking article. Thank you John Walubengo and other listers for your comments. 0) https://www.iebc.or.ke/iebc/?mandate 1) https://iekenya.org 2) https://isk.or.ke/ 3) https://www.tsc.go.ke/ 4) https://mediacouncil.or.ke 5) http://parliament.go.ke/the-senate/how-submit-petition On 9/8/22 12:17, Benson Muite via KICTANet wrote:
Amendments to the IEBC act[0] are possible, see for example[1].
A constitutional amendment is not needed as the constitution does not go into details on who can be a commissioner[2]. The IEBC act Revision 2012[3], specifies: 1. Selection Panel (1) Within fourteen days of the commencement of this Act, the President shall, in consultation with the Prime Minister and with the approval of the National Assembly, appoint a Selection Panel comprising of— (a) two persons, being one man and one woman, nominated by the President; (b) two persons, being one man and one woman, nominated by the Prime Minister; (c) one person nominated by the Judicial Service Commission; (d) one person nominated by the Kenya Anti-Corruption Advisory Board; and (e) one person nominated by the Association of Professional Societies of East Africa
The current act Revision 2020[1] specifies: 1. Selection Panel (1) At least six months before the lapse of the term of the chairperson or member of the Commission or within fourteen days of the declaration of a vacancy in the office of the chairperson or member of the Commission under the Constitution or this Act, the President shall appoint a selection panel consisting of seven persons for the purposes of appointment of the chairperson or member of the Commission. (2) The selection panel shall consist of — (a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya.
It seems that professional bodies have been preferred. At present the ICT sector does not have a strong representative body, for example comparable to the ACM in the USA or the Institute of Electronics of the Chinese Academy of Sciences. Essentially, a body capable of joining the International Federation for Information Processing[3] is needed.
The Kenya National Academy of Sciences[4] may also play a good role, though at present the website appears to be down.
The IEBC act does not include commissioners with a technical background, who might be able to understand engineering of KIEMS kits, the details of biometric identification and results transmission. In addition to a computer science/IT professional, it would be good for an Engineering body such as The Institution of Engineers of Kenya[5] to also make a nomination. Delimitation of boundaries is an important part of the requirements of the IEBC, technical expertise in this area is also welcome to prevent gerrymandering.
0) https://www.iebc.or.ke/uploads/resources/8Z5fmROhVD.pdf 1) http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheIndependentElecto...
2) http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/IndependentElectorala...
3) http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010#KE/C...
4) http://www.ifip.org/ 5) https://www.knascience.or.ke/ 6) https://iekenya.org
On 9/1/22 15:42, Shitemi Khamadi via KICTANet wrote:
Hi David
Interesting question. I was pondering the same early this week and my answer is yes. The issue would be the process of getting there and I think we have a number.
The best would be if it's anchored in the constitution. Meaning that should there be any process to amend the IEBC section, then the sector should consider adding their voice to it. The second is to Parliament and the select committee that oversees this process. A memo to them, quite early in their process should suffice. The same can also be sent to the President. The last is to encourage colleagues to put their names out there when the time comes.
A representative process closer to the IPPG one could also work, if such an opportunity arises or legal revisions lend themselves to it.
Thank you
On Thu, Sep 1, 2022 at 3:23 PM David Indeje via KICTANet <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>> wrote:
image.png Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt <https://tinyurl.com/3sh2h4vt>
-- *Kind Regards,*
**
*David Indeje*
*KICTANet Communications *_____________________________________
+254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/> _______________________________________________ KICTANet mailing list KICTANet@lists.kictanet.or.ke <mailto:KICTANet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet <https://lists.kictanet.or.ke/mailman/listinfo/kictanet> Twitter: http://twitter.com/kictanet <http://twitter.com/kictanet> Facebook: https://www.facebook.com/KICTANet/ <https://www.facebook.com/KICTANet/>
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/shitemi.khamadi%40gmai...
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- "In the whole wide world, Africa comes first. Let Africans remain as Africans and not become poor copies of Europeans. I am proud of my colour, whoever is not proud of his colour is not fit to live. Some people took to war, we took to peace; Some people took to hate, we took to love; Some people took to anger, we took to laughter. Only the best is good enough for Africa." Rev. (Dr.) Samuel Aggrey. Twitter @oleshitemi www.shitemi.com <http://oleshitemi.wordpress.com/> w <http://oleshitemi.wordpress.com/>ww.dhahabu.co.ke <http://ww.dhahabu.co.ke>
_______________________________________________ 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/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
If I got the Chief Justice right. She talked of Corporate Governance issues at IEBC. Maybe this is where the focus should be. Regards On Sat, 10 Sept 2022, 10:29 am Benson Muite via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Currently the selection panel consists of:
(a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya.
The IEBC mandate[0] is:
The continuous registration of voters and revision of the voter'roll; The delimitation of constituencies and wards; The regulation of political parties process; The settlement of electoral disputes; The registration of candidates for elections; Voter education; The facilitation of the observation, monitoring and evaluation of elections; The regulation of money spent by a candidate or party in respect of any election; The development of a code of conduct for candidates and parties; The monitoring of compliance with legislation on nomination of candidates by parties.
In addition to the Institution of Engineers of Kenya[1] (technical aspects of elections), some other relevant bodies are : - The Institution of Surveyors of Kenya[2] (delimitation of constituencies and wards) - The Teachers Service Commission[3] (voter education) - Media Council of Kenya[4] (voter education, monitoring)
The performance of the IEBC in technical, education and public information has been substandard. The current selection process does guarantee inclusion of representatives that can evaluate the effectiveness of the commission in all areas relevant to its mandate.
As such the act could be amended to have a selection panel composed of: (a) two persons nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; (c) two persons nominated by the Inter-religious Council of Kenya; (d) one person nominated by the Institution of Engineers of Kenya; (e) one person nominated by the Institution of Surveyors of Kenya; (f) one person nominated by the Teachers Service Commission; and (g) one person nominated by the Media Council of Kenya.
This would increase the members of the selection panel by two people to 9, and have an associated increase in costs, but a more effective IEBC would also be more cost efficient. The number of commissioners would also remain the same, and the selection panel members do not do this as a full time position. Amendments can be done as private bill sponsored by a single member of the national assembly (as was the case for the ICT Practitioners bill). A petition[5] is another way to have the matter considered. Of course, there maybe better ways to achieve the intended outcome of a more effective IEBC. A thought provoking article. Thank you John Walubengo and other listers for your comments.
0) https://www.iebc.or.ke/iebc/?mandate 1) https://iekenya.org 2) https://isk.or.ke/ 3) https://www.tsc.go.ke/ 4) https://mediacouncil.or.ke 5) http://parliament.go.ke/the-senate/how-submit-petition
Amendments to the IEBC act[0] are possible, see for example[1].
A constitutional amendment is not needed as the constitution does not go into details on who can be a commissioner[2]. The IEBC act Revision 2012[3], specifies: 1. Selection Panel (1) Within fourteen days of the commencement of this Act, the President shall, in consultation with the Prime Minister and with the approval of the National Assembly, appoint a Selection Panel comprising of— (a) two persons, being one man and one woman, nominated by the President; (b) two persons, being one man and one woman, nominated by the Prime Minister; (c) one person nominated by the Judicial Service Commission; (d) one person nominated by the Kenya Anti-Corruption Advisory Board; and (e) one person nominated by the Association of Professional Societies of East Africa
The current act Revision 2020[1] specifies: 1. Selection Panel (1) At least six months before the lapse of the term of the chairperson or member of the Commission or within fourteen days of the declaration of a vacancy in the office of the chairperson or member of the Commission under the Constitution or this Act, the President shall appoint a selection panel consisting of seven persons for the purposes of appointment of the chairperson or member of
On 9/8/22 12:17, Benson Muite via KICTANet wrote: the
Commission. (2) The selection panel shall consist of — (a) two men and two women nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya.
It seems that professional bodies have been preferred. At present the ICT sector does not have a strong representative body, for example comparable to the ACM in the USA or the Institute of Electronics of the Chinese Academy of Sciences. Essentially, a body capable of joining the International Federation for Information Processing[3] is needed.
The Kenya National Academy of Sciences[4] may also play a good role, though at present the website appears to be down.
The IEBC act does not include commissioners with a technical background, who might be able to understand engineering of KIEMS kits, the details of biometric identification and results transmission. In addition to a computer science/IT professional, it would be good for an Engineering body such as The Institution of Engineers of Kenya[5] to also make a nomination. Delimitation of boundaries is an important part of the requirements of the IEBC, technical expertise in this area is also welcome to prevent gerrymandering.
0) https://www.iebc.or.ke/uploads/resources/8Z5fmROhVD.pdf 1)
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheIndependentElecto...
2)
http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/IndependentElectorala...
3)
http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010#KE/C...
4) http://www.ifip.org/ 5) https://www.knascience.or.ke/ 6) https://iekenya.org
On 9/1/22 15:42, Shitemi Khamadi via KICTANet wrote:
Hi David
Interesting question. I was pondering the same early this week and my answer is yes. The issue would be the process of getting there and I think we have a number.
The best would be if it's anchored in the constitution. Meaning that should there be any process to amend the IEBC section, then the sector should consider adding their voice to it. The second is to Parliament and the select committee that oversees this process. A memo to them, quite early in their process should suffice. The same can also be sent to the President. The last is to encourage colleagues to put their names out there when the time comes.
A representative process closer to the IPPG one could also work, if such an opportunity arises or legal revisions lend themselves to it.
Thank you
On Thu, Sep 1, 2022 at 3:23 PM David Indeje via KICTANet <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>> wrote:
image.png Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt <https://tinyurl.com/3sh2h4vt>
-- *Kind Regards,*
**
*David Indeje*
*KICTANet Communications *_____________________________________
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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As indicated in [0] late budget allocations, inadequate financing and possibly inefficient use of funds are problems that faced the IEBC. These would be compounded by weak governance. The report [0] does support having one of the commissioners responsible for ICT/technology aspects. Possibly having each of the commissioners primarily responsible for particular aspects of the IEBC mandate would be helpful in streamlining governance - Manahodha wengi chombo huenda mrama! The text of the preliminary ruling is not available at [1] with many download sections giving 404 not found. The reports [0], [2] and [3], and the theses [4], [5] and [6] indicate that civic education is also important. The report [7] has examples of good public participation in creating bills, though as indicated in [4], more use of ICT would enable more people to contribute as the baraza model needs updating. 0) https://www.cartercenter.org/resources/pdfs/news/peace_publications/election... 1) https://www.judiciary.go.ke 2) https://www.statelaw.go.ke/wp-content/uploads/2020/07/Kenya-Draft-Policy-on-... 3) https://www.kictanet.or.ke/mdocs-posts/2022-kictanet-preliminary-election-ob... 4) http://erepository.uonbi.ac.ke/bitstream/handle/11295/108760/Munyao_The%20In... 5) http://erepository.uonbi.ac.ke/bitstream/handle/11295/90180/Nyotah_Public%20... 6) https://ir-library.ku.ac.ke/bitstream/handle/123456789/19636/Effects%20of%20... 7) https://www.kictanet.or.ke/mdocs-posts/public-participation-an-assessment-of... On 9/10/22 15:56, Barrack Otieno wrote:
If I got the Chief Justice right. She talked of Corporate Governance issues at IEBC. Maybe this is where the focus should be.
Regards
Listers I think it goes beyond the technical issues of ICT in the elections. We had good amicus curiae on the ICT front in the Supreme Court petitions (the best I would want) and I think it's the best we can hope for in future petitions. Judges are probably not going to get really good at understanding ICT jargon and the emerging technologies some of us who have been in the ICT space for a few decades are struggling to contextualise. There's a political economy here which serves one party well when the masses and the judiciary believe whatever Mal/dis/misinformation is available for dissemination. A Commissioner who represents the IEBC position wouldn't help when the IEBC is itself on trial. While there may be similarities between accounting and ICT when it comes to audit, logs etc, ICT also has to deal with the issue of the fidelity of data and logs in coming to the conclusion of whether a process and its data were tampered with or not. IEBC had ICT folks, Azimio had ICT folks, Kenya Kwanza had ICT folks.... there's no shortage of ICT professionals to "bunk" or debunk a hypothesis or claim by one side. While I have no proposals or counter proposals for Prof's proposal for Commissioner for ICT within the IEBC, I believe we need to be building the capacity of other institutions of government where that capacity could be useful in arbitrating a case such as a presidential election petition or helping the Judiciary understand what big words like CSV mean. Also, encouraging the Judiciary to admit amicus curiae of the level of those that were part of this process (Prof Walubengo, Prof Sevilla et al) could be a valuable to strengthening the Supreme Court and inspiring confidence in the process. Just my 2 bob. I have gone like this. Kind regards, Muchiri Nyaggah @muchiri Cell: +254 722 506400 Skype: mrmuchiri On Thu, Sep 1, 2022 at 3:01 PM David Indeje via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
[image: image.png] Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt
-- *Kind Regards,*
*David Indeje*
*KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/> _______________________________________________ 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/
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Hey, I agree with Muchiri. What is the core issue that we would like addressed when it comes to the ICT role in the Kenyan process? Would an ICT commissioner really resolve the issue? My perspective is no. At least not for the moment. IEBC needs to fix it's house first and the institution needs to be protected from political interference. As for Judiciary, there various components that needs to be worked on. Whether looking from knowledge and skills capacity to infrastructure. I believe some on course but it takes time. Cheers Eric Mwangi Kariuki On Thu, Sep 8, 2022, 10:05 PM Muchiri Nyaggah via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Listers
I think it goes beyond the technical issues of ICT in the elections. We had good amicus curiae on the ICT front in the Supreme Court petitions (the best I would want) and I think it's the best we can hope for in future petitions. Judges are probably not going to get really good at understanding ICT jargon and the emerging technologies some of us who have been in the ICT space for a few decades are struggling to contextualise. There's a political economy here which serves one party well when the masses and the judiciary believe whatever Mal/dis/misinformation is available for dissemination. A Commissioner who represents the IEBC position wouldn't help when the IEBC is itself on trial.
While there may be similarities between accounting and ICT when it comes to audit, logs etc, ICT also has to deal with the issue of the fidelity of data and logs in coming to the conclusion of whether a process and its data were tampered with or not. IEBC had ICT folks, Azimio had ICT folks, Kenya Kwanza had ICT folks.... there's no shortage of ICT professionals to "bunk" or debunk a hypothesis or claim by one side. While I have no proposals or counter proposals for Prof's proposal for Commissioner for ICT within the IEBC, I believe we need to be building the capacity of other institutions of government where that capacity could be useful in arbitrating a case such as a presidential election petition or helping the Judiciary understand what big words like CSV mean. Also, encouraging the Judiciary to admit amicus curiae of the level of those that were part of this process (Prof Walubengo, Prof Sevilla et al) could be a valuable to strengthening the Supreme Court and inspiring confidence in the process.
Just my 2 bob. I have gone like this.
Kind regards,
Muchiri Nyaggah @muchiri Cell: +254 722 506400 Skype: mrmuchiri
On Thu, Sep 1, 2022 at 3:01 PM David Indeje via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
[image: image.png] Dear Listers,
In our latest series of blogs about the 2022 Kenya Election as authored by Mr John Walubengo, we are posing a question:
"IEBC Commission: Should We Reserve a Slot for an ICT Professional?
Mr Walubengo notes that "In all the past three presidential petitions (2013, 2017a, and 2017b), ICT seems to have been central to the Supreme Court’s final decision. However, the way ICT matters were prosecuted, one could almost say the ICT was on trial."
Read the rest of the article here: https://tinyurl.com/3sh2h4vt
-- *Kind Regards,*
*David Indeje*
*KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/> _______________________________________________ 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/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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 - The Power of Communities, is Kenya's premier ICT policy engagement platform.
participants (6)
-
Barrack Otieno -
Benson Muite -
David Indeje -
Eric Kariuki -
Muchiri Nyaggah -
Shitemi Khamadi