Legislation and Regulation for e-Commerce in Kenya
Legislation and Regulation for e-Commerce in Kenya Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008 *Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation. Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce. Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills: - Provisions on who can prosecute are missing - Liability of Internet Service Providers must be demarcated - Clarification on which commercial documents are excluded from proposed legislation - Eliminate any ambiguity on admissibility of electronic evidence - Need for data protection and privacy provisions - The Bills are more lenient on e-commerce fraud than on traditional fraud - Remove inconsistencies in determining crimes and punishments - Provisions for the inclusion of cyber-crime within the scope of the Extradition Act - Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya Gains in tourism, agriculture, healthcare Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya. What is e-commerce E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector. About KIF The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation please send any business mail to: Marcel.Werner@innovation-africa.or.ke
On Sun, Jul 6, 2008 at 5:43 PM, Marcel Werner <marcelcwerner@gmail.com> wrote:
KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008,
Where did you get this one from? I've sought a copy from the Ministry without any luck:( e-share?
Marcel, It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened. This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession. And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!). KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened. O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression... walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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Hi Walu, Just to add to your list of possible stakeholders, there is the Kenya Business Process Outsourcing and Contact Centre Society ( http://www.kenyabposociety.com/ and Business Incubation Association of Kenya see www.biak-kenya.org What all these Societies/Associations/Federations may lack is an umbrella body. However, GoK, through the Ministry of Information and Communication (on policy) and say Kenya ICT Board (on implementation) not forgetting CCK (on regulation) can be prodded further to do the needfull. CCK is not really about suppression but creating a level playing field for players....more like a refree, ideally. It would not be prudent if the regulator attempted abdicating its role (of a midwife) by doubling up as a parent. KEPSA has KIF as one of its arms and hence in a way they are one and the same, albeit, KIF being the specialized organ on ICT issues while KEPSA is the umbrella body for all private players. Otwoma On Mon, Jul 7, 2008 at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________________
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-- David Otwoma, Chief Science Secretary, National Council for Science and Technology, Utalii House 9th Floor, Mobile tel: +254 722 141771, Office tel: +254 (0)20 2346915, P. O. Box 29899 - 00100, Nairobi, Kenya email: otwomad@gmail.com & otwoma@ncst.go.ke www.ncst.go.ke
Hi Walu, I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc... I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...) Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT. To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887) The Blind men and the Elephant It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind. The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!" The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!" The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!" The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!" The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!" The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!" And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong! MORAL. So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen! Sent from my iPhone On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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Brian - I do not know what you are saying. The medical field, as another example, is wide and diverse - we have heart surgeons, ENT specialists, paeditricians, general practitioners, gynacologists, etc, etc. Are these people the same? Would you go to a gynacologist to solve your eye ailment? OK, let us forget about regulating or registering doctors. To wide, large and deep. Waudo On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe@gmail.com> said:
Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
Very correct Waudi. That's why we have Paediatrics Association, a Pyschiatrics Association, a Dental Board, an Obstetrics Society. You have gotten the point clearly. Asante sana! B Sent from my iPhone On 07 Jul 2008, at 7:54 PM, "waudo siganga" <emailsignet@mailcan.com> wrote:
Brian - I do not know what you are saying. The medical field, as another example, is wide and diverse - we have heart surgeons, ENT specialists, paeditricians, general practitioners, gynacologists, etc, etc. Are these people the same? Would you go to a gynacologist to solve your eye ailment? OK, let us forget about regulating or registering doctors. To wide, large and deep.
Waudo On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe@gmail.com> said:
Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu% 40yahoo.com
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This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
Hi Brian - I have not gotten any point from you yet - we are talking of regulation and registration and I only know of one "Medical Practitioners and Dentists Registration Board". What are you actually trying to say my friend of many years?? Waudo On Mon, 7 Jul 2008 20:19:10 +0300, "Brian Munyao Longwe" <blongwe@gmail.com> said:
Very correct Waudi. That's why we have Paediatrics Association, a Pyschiatrics Association, a Dental Board, an Obstetrics Society. You have gotten the point clearly.
Asante sana!
B
Sent from my iPhone
On 07 Jul 2008, at 7:54 PM, "waudo siganga" <emailsignet@mailcan.com> wrote:
Brian - I do not know what you are saying. The medical field, as another example, is wide and diverse - we have heart surgeons, ENT specialists, paeditricians, general practitioners, gynacologists, etc, etc. Are these people the same? Would you go to a gynacologist to solve your eye ailment? OK, let us forget about regulating or registering doctors. To wide, large and deep.
Waudo On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe@gmail.com> said:
Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu% 40yahoo.com
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This message was sent to: blongwe@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com
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This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
People make a plan work, a plan alone seldom makes people work (Confucius).
Brian and Waudi: But ICT is not medicine, and no life is at stake here even though the medical and chemical practitioners - read chemists - would want us to believe it is so. Why do we want to suffocate the baby before it is born? If Kenya wants to compete with India and other countries in ICT, I urge you guys to leave the industry alone. This is akin to what CCK is doing to the telecommunications industry. They want to license people who can connect cables. How much knowledge does one need to connect an RJ45 cable to a PC? Likewise do we need to license PHP programmers? Will this give us the sense of security that we have the best programmers working today just because they have a license saying so? Need I dwell on my experience hiring MS licensed engineers and what I think about those MSCEs etc? My teachers used to say "think twice before you leap". This is a case where this adage needs to be heeded. There is the concept of collateral damage and an intended consequences. Please contemplate those. Joe On Mon, Jul 7, 2008 at 1:19 PM, Brian Munyao Longwe <blongwe@gmail.com> wrote:
Very correct Waudi. That's why we have Paediatrics Association, a Pyschiatrics Association, a Dental Board, an Obstetrics Society. You have gotten the point clearly.
Asante sana!
B
Sent from my iPhone
On 07 Jul 2008, at 7:54 PM, "waudo siganga" <emailsignet@mailcan.com> wrote:
Brian - I do not know what you are saying. The medical field, as another example, is wide and diverse - we have heart surgeons, ENT specialists, paeditricians, general practitioners, gynacologists, etc, etc. Are these people the same? Would you go to a gynacologist to solve your eye ailment? OK, let us forget about regulating or registering doctors. To wide, large and deep.
Waudo On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe@gmail.com> said:
Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________________
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http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
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-- Joseph Manthi CEO MEO Ltd http://www.meoltd.com
Brian I am quite impressed at your expert use of the iPhone. But to add my 2 cents: Lets not hasten in putting regulations against the practice of ICT - whatever that it is - lest not we stop the development of our nation and industry in its timid tracks. Let it be. Leave it alone. It will fix itself. A good example, they were regulations around what people can and can not do we would not have today the following technologies and product lines which were created by people with no credentials and any hope of getting the same: - Microsoft products - we all know of Bill Gates educational background despite his PhD - Oracle products - Larry Ellison does not have a degree - Apple - Linux and other innumerable products that would have died on the vine if they had been subjected to the kind of censorship I am seeing being enumerated here. Please leave the industry alone. It is out of fear that one wants to control. Joe On Mon, Jul 7, 2008 at 12:00 PM, Brian Longwe <blongwe@gmail.com> wrote:
Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________________
kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu% 40yahoo.com
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-- Joseph Manthi CEO MEO Ltd http://www.meoltd.com
Well said Joe, I would say, - let the proffesionals "self-regulate" (if they see a need to do so) - let industries (where certain resources are limited e.g frequency, right of way, etc) be regulated by an an *independent* sector regulator. - let consumers act as the "equalizer" by "voting with their legs" and leaving/ boycotting services/products which they disapprove of My two ndululu Mblayo Sent from my iPhone On 07 Jul 2008, at 7:57 PM, "Joseph Manthi" <jmanthi@gmail.com> wrote:
Brian I am quite impressed at your expert use of the iPhone.
But to add my 2 cents:
Lets not hasten in putting regulations against the practice of ICT - whatever that it is - lest not we stop the development of our nation and industry in its timid tracks. Let it be. Leave it alone. It will fix itself.
A good example, they were regulations around what people can and can not do we would not have today the following technologies and product lines which were created by people with no credentials and any hope of getting the same:
- Microsoft products - we all know of Bill Gates educational background despite his PhD - Oracle products - Larry Ellison does not have a degree - Apple - Linux
and other innumerable products that would have died on the vine if they had been subjected to the kind of censorship I am seeing being enumerated here.
Please leave the industry alone. It is out of fear that one wants to control.
Joe
On Mon, Jul 7, 2008 at 12:00 PM, Brian Longwe <blongwe@gmail.com> wrote: Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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-- Joseph Manthi CEO MEO Ltd http://www.meoltd.com
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u
or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on
but they have been awfully quite except when they award
Hey Manthi - we are back to the old argument that Bill Gates is a high school dropout. Try applying for a job in Microsoft by fronting that you are a "high school dropout". Good luck. BTW Bill Gates did not go to Uni of his own volition, not that he was "thick". His framework for Ms-Dos Ver1 alone could have earned him a PhD. anywhere. Self-Regulation? If it could work Doctors, Lawyers and Engineers would be self-regulating. Next argument? Waudo On Mon, 7 Jul 2008 20:30:02 +0300, "Brian Munyao Longwe" <blongwe@gmail.c om> said: Well said Joe, I would say, - let the proffesionals "self-regulate" (if they see a need to do so) - let industries (where certain resources are limited e.g frequency, right of way, etc) be regulated by an an *independent* sector regulator. - let consumers act as the "equalizer" by "voting with their legs" and leaving/ boycotting services/products which they disapprove of My two ndululu Mblayo Sent from my iPhone On 07 Jul 2008, at 7:57 PM, "Joseph Manthi" <[1]jmanthi@gmail.com> wrote: Brian I am quite impressed at your expert use of the iPhone. But to add my 2 cents: Lets not hasten in putting regulations against the practice of ICT - whatever that it is - lest not we stop the development of our nation and industry in its timid tracks. Let it be. Leave it alone. It will fix itself. A good example, they were regulations around what people can and can not do we would not have today the following technologies and product lines which were created by people with no credentials and any hope of getting the same: - Microsoft products - we all know of Bill Gates educational background despite his PhD - Oracle products - Larry Ellison does not have a degree - Apple - Linux and other innumerable products that would have died on the vine if they had been subjected to the kind of censorship I am seeing being enumerated here. Please leave the industry alone. It is out of fear that one wants to control. Joe On Mon, Jul 7, 2008 at 12:00 PM, Brian Longwe <[2]blongwe@gmail.com> wrote: Hi Walu, I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc... I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...) Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT. To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887) The Blind men and the Elephant It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind. The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!" The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!" The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!" The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!" The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!" The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!" And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong! MORAL. So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen! Sent from my iPhone On 07 Jul 2008, at 12:45 PM, John Walubengo <[3]jwalu@yahoo.com> wrote: there?) this, prizes at
the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <[4]marcelcwerner@gmail.com> wrote:
From: Marcel Werner <[5]marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: [6]jwalu@yahoo.com Cc: [7]secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <[8]kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <[9]http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: [10]secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
[11]Marcel.Werner@innovation-africa.or.ke_____________________
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On 07 Jul 2008, at 8:55 PM, "waudo siganga" <emailsignet@mailcan.com> wrote:
Hey Manthi - we are back to the old argument that Bill Gates is a high school dropout. Try applying for a job in Microsoft by fronting that you are a "high school dropout". Good luck. BTW Bill Gates did not go to Uni of his own volition, not that he was "thick". His framework for Ms-Dos Ver1 alone could have earned him a PhD. anywhere. Actually Bill Gates was a uni dropout. My recently deceased and v good friend, Guido Sohne, was one of Africa's top programmers. He too, was a uni dropout - and Microsoft hired him last October serving West, East & Central Africa and entrusted with Microsofts "Platform Strategy". Skill, prowess and sheer genius is still regarded today. Don't argue against it. I have the same beef about "paper mcse's", "paper ccna's/dp's" etc as Manthi. Self-Regulation? If it could work Doctors, Lawyers and Engineers would be self-regulating. Next argument?
They do, only laywers can be members and officials of LSK, only engineers can be members and officials of the Engineers Association. The genesis of these legally empowered bodies is that they self- established and then sought out legislative backing. The main point here is self-regulation. If the practitioners feel the need to ensure a certain level of values, professionalism and/or basic practice, then they 'self-organize' and self-regulate. So, let the people decide! Brian
On Mon, 7 Jul 2008 20:30:02 +0300, "Brian Munyao Longwe" <blongwe@gmail.com
said: Well said Joe,
I would say,
- let the proffesionals "self-regulate" (if they see a need to do so) - let industries (where certain resources are limited e.g frequency, right of way, etc) be regulated by an an *independent* sector regulator. - let consumers act as the "equalizer" by "voting with their legs" and leaving/ boycotting services/products which they disapprove of
My two ndululu
Mblayo
Sent from my iPhone
On 07 Jul 2008, at 7:57 PM, "Joseph Manthi" <jmanthi@gmail.com> wrote:
Brian I am quite impressed at your expert use of the iPhone.
But to add my 2 cents:
Lets not hasten in putting regulations against the practice of ICT - whatever that it is - lest not we stop the development of our nation and industry in its timid tracks. Let it be. Leave it alone. It will fix itself.
A good example, they were regulations around what people can and can not do we would not have today the following technologies and product lines which were created by people with no credentials and any hope of getting the same:
- Microsoft products - we all know of Bill Gates educational background despite his PhD - Oracle products - Larry Ellison does not have a degree - Apple - Linux
and other innumerable products that would have died on the vine if they had been subjected to the kind of censorship I am seeing being enumerated here.
Please leave the industry alone. It is out of fear that one wants to control.
Joe
On Mon, Jul 7, 2008 at 12:00 PM, Brian Longwe <blongwe@gmail.com> wrote: Hi Walu,
I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc...
I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...)
Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT.
To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887)
The Blind men and the Elephant
It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind.
The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!"
The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!"
The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!"
The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!"
The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!"
The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!"
And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong!
MORAL.
So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen!
Sent from my iPhone
On 07 Jul 2008, at 12:45 PM, John Walubengo <jwalu@yahoo.com> wrote:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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-- Joseph Manthi CEO MEO Ltd http://www.meoltd.com People make a plan work, a plan alone seldom makes people work (Confucius).
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u
or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on
but they have been awfully quite except when they award
Hi Brian - with the risk of now boring all on this list, surely if you have a company that looks at Skill, prowess and sheer genius rather than University degress when employing, I have a list of thousands of such guys from my village alone. When can I see you on this? BTW I suggest you and I go off-list on this topic. Waudo On Mon, 7 Jul 2008 21:17:02 +0300, "Brian Munyao Longwe" <blongwe@gmail.c om> said: On 07 Jul 2008, at 8:55 PM, "waudo siganga" <[1]emailsignet@mailcan.com> wrote: Hey Manthi - we are back to the old argument that Bill Gates is a high school dropout. Try applying for a job in Microsoft by fronting that you are a "high school dropout". Good luck. BTW Bill Gates did not go to Uni of his own volition, not that he was "thick". His framework for Ms-Dos Ver1 alone could have earned him a PhD. anywhere. Actually Bill Gates was a uni dropout. My recently deceased and v good friend, Guido Sohne, was one of Africa's top programmers. He too, was a uni dropout - and Microsoft hired him last October serving West, East & Central Africa and entrusted with Microsofts "Platform Strategy". Skill, prowess and sheer genius is still regarded today. Don't argue against it. I have the same beef about "paper mcse's", "paper ccna's/dp's" etc as Manthi. Self-Regulation? If it could work Doctors, Lawyers and Engineers would be self-regulating. Next argument? They do, only laywers can be members and officials of LSK, only engineers can be members and officials of the Engineers Association. The genesis of these legally empowered bodies is that they self-established and then sought out legislative backing. The main point here is self-regulation. If the practitioners feel the need to ensure a certain level of values, professionalism and/or basic practice, then they 'self-organize' and self-regulate. So, let the people decide! Brian On Mon, 7 Jul 2008 20:30:02 +0300, "Brian Munyao Longwe" <[2]blongwe@gmai l.com> said: Well said Joe, I would say, - let the proffesionals "self-regulate" (if they see a need to do so) - let industries (where certain resources are limited e.g frequency, right of way, etc) be regulated by an an *independent* sector regulator. - let consumers act as the "equalizer" by "voting with their legs" and leaving/ boycotting services/products which they disapprove of My two ndululu Mblayo Sent from my iPhone On 07 Jul 2008, at 7:57 PM, "Joseph Manthi" <[3]jmanthi@gmail.com> wrote: Brian I am quite impressed at your expert use of the iPhone. But to add my 2 cents: Lets not hasten in putting regulations against the practice of ICT - whatever that it is - lest not we stop the development of our nation and industry in its timid tracks. Let it be. Leave it alone. It will fix itself. A good example, they were regulations around what people can and can not do we would not have today the following technologies and product lines which were created by people with no credentials and any hope of getting the same: - Microsoft products - we all know of Bill Gates educational background despite his PhD - Oracle products - Larry Ellison does not have a degree - Apple - Linux and other innumerable products that would have died on the vine if they had been subjected to the kind of censorship I am seeing being enumerated here. Please leave the industry alone. It is out of fear that one wants to control. Joe On Mon, Jul 7, 2008 at 12:00 PM, Brian Longwe <[4]blongwe@gmail.com> wrote: Hi Walu, I beg to differ. ICT is too large, too deep and too wide to have a single, authoritative, representative body. What you refer to would probably be more appropriate to some of the professional disciplines within the ICT sector e.g. Software Developers Guild, System Administrators Association, CIO/CTO Society - within which there can be certain codes of behavior, ethics, values, best practices etc... I would venture to suggest that ICT is very similar to the auto industry - which is made up of so many different types of stakeholders (from multi-national vendors like GM to Owino my jua-kali fundi and a plethora of linkages across insurance, finance, property, transport etc...) Not that I intend to put your suggestions down - but to request a slightly broader view of the animal called ICT. To illustrate this point I will wax poetic and share with you the following poem by John Godfrey Saxe ( 1816-1887) The Blind men and the Elephant It was six men of Indostan To learning much inclined, Who went to see the Elephant (Though all of them were blind), That each by observation Might satisfy his mind. The First approach'd the Elephant, And happening to fall Against his broad and sturdy side, At once began to bawl: "God bless me! but the Elephant Is very like a wall!" The Second, feeling of the tusk, Cried, -"Ho! what have we here So very round and smooth and sharp? To me 'tis mighty clear This wonder of an Elephant Is very like a spear!" The Third approached the animal, And happening to take The squirming trunk within his hands, Thus boldly up and spake: "I see," quoth he, "the Elephant Is very like a snake!" The Fourth reached out his eager hand, And felt about the knee. "What most this wondrous beast is like Is mighty plain," quoth he, "'Tis clear enough the Elephant Is very like a tree!" The Fifth, who chanced to touch the ear, Said: "E'en the blindest man Can tell what this resembles most; Deny the fact who can, This marvel of an Elephant Is very like a fan!" The Sixth no sooner had begun About the beast to grope, Then, seizing on the swinging tail That fell within his scope, "I see," quoth he, "the Elephant Is very like a rope!" And so these men of Indostan Disputed loud and long, Each in his own opinion Exceeding stiff and strong, Though each was partly in the right, And all were in the wrong! MORAL. So oft in theologic wars, The disputants, I ween, Rail on in utter ignorance Of what each other mean, And prate about an Elephant Not one of them has seen! Sent from my iPhone On 07 Jul 2008, at 12:45 PM, John Walubengo <[5]jwalu@yahoo.com> wrote: there?) this, prizes at
the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <[6]marcelcwerner@gmail.com> wrote:
From: Marcel Werner <[7]marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: [8]jwalu@yahoo.com Cc: [9]secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <[10]kictanet@lists.kictanet.or.ke
Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <[11]http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: [12]secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
[13]Marcel.Werner@innovation-africa.or.ke_____________________
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Hi Walu - I am catching you loud and clear on GPRS somewhere in the bush. I did bring out the issue of regulating the IT (or ICT) Profession on this list a few months ago. But the rather unenthusiastic response I got gave me the sense that possibly this was not the correct list since many of the subscribers appear just interested in ICT Policy rather than being actual IT Experts. Within the next two weeks there will be another list for professionals and you will be informed (you have the qualifications, don't you??). We are pushing for a registration board like thise done last yeaer for nutritionists and Procurement Practitioners. There is a lot of work going on unheralded. All we need is a champion or chanpions in the right place. Waudo On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
Hi Waudo, There's the skunkworks email list<http://ole.kenic.or.ke/mailman/listinfo/skunkworks>which is mostly made up of technology professionals and enthusiasts. ICTS regulation/standards has come up more than once for discussion on the list (Aside: My first post on KICTANET) Regards Josiah On Mon, Jul 7, 2008 at 7:01 PM, waudo siganga <emailsignet@mailcan.com> wrote:
Hi Walu - I am catching you loud and clear on GPRS somewhere in the bush. I did bring out the issue of regulating the IT (or ICT) Profession on this list a few months ago. But the rather unenthusiastic response I got gave me the sense that possibly this was not the correct list since many of the subscribers appear just interested in ICT Policy rather than being actual IT Experts. Within the next two weeks there will be another list for professionals and you will be informed (you have the qualifications, don't you??). We are pushing for a registration board like thise done last yeaer for nutritionists and Procurement Practitioners. There is a lot of work going on unheralded. All we need is a champion or chanpions in the right place. Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________________
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Hi Walu, Associations are welcome to be members of KEPSA. I would like to confirm that the KEPSA/KIF relationship is vibrant. We would like to do a lot more and welcome more support. We appreciate Waudo's contributions at our last ministerial stakeholder forum. Collaboration is the way forward. Kevit Desai KEPSA Director -----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke [mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke] On Behalf Of waudo siganga Sent: 07 July 2008 19:02 To: kevit@centurionsystemsltd.com Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hi Walu - I am catching you loud and clear on GPRS somewhere in the bush. I did bring out the issue of regulating the IT (or ICT) Profession on this list a few months ago. But the rather unenthusiastic response I got gave me the sense that possibly this was not the correct list since many of the subscribers appear just interested in ICT Policy rather than being actual IT Experts. Within the next two weeks there will be another list for professionals and you will be informed (you have the qualifications, don't you??). We are pushing for a registration board like thise done last yeaer for nutritionists and Procurement Practitioners. There is a lot of work going on unheralded. All we need is a champion or chanpions in the right place. Waudo On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
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http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c om People make a plan work, a plan alone seldom makes people work (Confucius). _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: kevit@centurionsystemsltd.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kevit%40centurionsystem sltd.com
Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit@centurionsystemsltd.com> said:
Hi Walu, Associations are welcome to be members of KEPSA. I would like to confirm that the KEPSA/KIF relationship is vibrant. We would like to do a lot more and welcome more support. We appreciate Waudo's contributions at our last ministerial stakeholder forum. Collaboration is the way forward.
Kevit Desai KEPSA Director
-----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke [mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke] On Behalf Of waudo siganga Sent: 07 July 2008 19:02 To: kevit@centurionsystemsltd.com Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the bush. I did bring out the issue of regulating the IT (or ICT) Profession on this list a few months ago. But the rather unenthusiastic response I got gave me the sense that possibly this was not the correct list since many of the subscribers appear just interested in ICT Policy rather than being actual IT Experts. Within the next two weeks there will be another list for professionals and you will be informed (you have the qualifications, don't you??). We are pushing for a registration board like thise done last yeaer for nutritionists and Procurement Practitioners. There is a lot of work going on unheralded. All we need is a champion or chanpions in the right place. Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
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http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c om People make a plan work, a plan alone seldom makes people work (Confucius).
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People make a plan work, a plan alone seldom makes people work (Confucius).
Hello Waudo, I assure you and all other associations that you have equal access to KEPSA. The variety of associations attending the ministerial stake holder forum is an indication of how KEPSA facilitates interaction with Government. I encourage more contribution and support. Waudo you do know that I promote innovation in development. Kenya's development. Kevit Desai KEPSA director. -----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 07 July 2008 21:40 To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit@centurionsystemsltd.com> said:
Hi Walu, Associations are welcome to be members of KEPSA. I would like to confirm that the KEPSA/KIF relationship is vibrant. We would like to do a lot more and welcome more support. We appreciate Waudo's contributions at our last ministerial stakeholder forum. Collaboration is the way forward.
Kevit Desai KEPSA Director
-----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga Sent: 07 July 2008 19:02 To: kevit@centurionsystemsltd.com Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the bush. I did bring out the issue of regulating the IT (or ICT) Profession on this list a few months ago. But the rather unenthusiastic response I got gave me the sense that possibly this was not the correct list since many of the subscribers appear just interested in ICT Policy rather than being actual IT Experts. Within the next two weeks there will be another list for professionals and you will be informed (you have the qualifications, don't you??). We are pushing for a registration board like thise done last yeaer for nutritionists and Procurement Practitioners. There is a lot of work going on unheralded. All we need is a champion or chanpions in the right place. Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
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om People make a plan work, a plan alone seldom makes people work (Confucius).
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People make a plan work, a plan alone seldom makes people work (Confucius).
Hi Alex, KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman. KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman. Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF. Director of Engineering - Centurion Systems Ltd Chairperson IEEE - Kenya Section Chairperson - Engineering Students Exhibition Governor - KEPSA Director - KEPSA Director - Innovation Africa Director- Kenya ICT Board Vice Chairman - Kenya ICT Federation BOA - AIESEC Member - National Strategy for University Education Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya General Co-Chair - Africon 2009 2nd Fl, New Rehema Hse, Raphta Rd, Westlands -Nairobi P.O. BOX 66031 - 00800 Nrb. Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750 Mobile: +254 722 517067 http://www.centurionsystemsltd.com http://www.ieee.org http://www.engineeringexhibition.co.ke http://www.innovation-africa.net http://www.kepsa.or.ke http://www.powerup.co.ke http://www.aiesec.org http://www.africon2007.co.za http://www.kif.or.ke htpp://www.ict.go.ke http://www.globalcompact.org http://www.undp.org/business/gsb -----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
kictanet mailing list
kictanet@lists.kictanet.or.ke
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People make a plan work, a plan alone seldom makes people work (Confucius). __________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com
Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space. Waudo On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsl td.com> said: Hi Alex, KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman. KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSAs ICT section. Elected as vice-chairman. Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF. Director of Engineering - Centurion Systems Ltd Chairperson IEEE - Kenya Section Chairperson Engineering Students Exhibition Governor - KEPSA Director - KEPSA Director - Innovation Africa Director- Kenya ICT Board Vice Chairman - Kenya ICT Federation BOA - AIESEC Member - National Strategy for University Education Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya General Co-Chair - Africon 2009 2nd Fl, New Rehema Hse, Raphta Rd , Westlands -Nairobi P.O. BOX 66031 - 00800 Nrb. Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750 Mobile: +254 722 517067 http://www.centurionsystemsltd.com http://www.ieee.org http://www.engineeringexhibition.co.ke http://www.innovation-africa.net http://www.kepsa.or.ke http://www.powerup.co.ke http://www.aiesec.org http://www.africon2007.co.za http://www.kif.or.ke htpp://www.ict.go.ke http://www.globalcompact.org http://www.undp.org/business/gsb -----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or. ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kict anet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in
the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke____________________________ ___________
________
kictanet mailing list
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People make a plan work, a plan alone seldom makes people work (Confucius). __________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com People make a plan work, a plan alone seldom makes people work (Confucius).
I agree with Waudo, in my other life, I sit on the ISACA-Kenya Board (but do i say ;-) which has over 300 Certified Information Systems Auditors (CISA) and around 30 Certified Information Security Managers (CISM) - all local talent/Kenyans. And even though the points KIF has made with regard to the e-Transaction/ICT Bill are valid, they probably would have had the benefit/input of the ISACA membership - particularly in this area of info-security. I think SKisonzo summarised this thread very well - we may need an overarching professional body on IT (I left out the 'C' i.e. communication since the Engineers and Media people seem to have sorted themselves out with their own bodies) to self-regulate the profession as well as engage government - inclusively. Whether this can be done through KIF, KEPSA, or otherwise, that maybe a discussion for another day/forum. am done. walu. --- On Tue, 7/8/08, waudo siganga <emailsignet@mailcan.com> wrote:
From: waudo siganga <emailsignet@mailcan.com> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Tuesday, July 8, 2008, 2:54 PM Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsl td.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman.
KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA’s ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson – Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
htpp://www.ict.go.ke
http://www.undp.org/business/gsb
-----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET I can answer it on
the same forum. I think the picture being painted about a rosy situation
including "collaboration" is simply not true. The reason to be frank is
that there a few in your KIF who do not want any other association to
have a voice in KEPSA or to interact with Government. Could you as a
KEPSA director ensure that all interested associations including the
major ones not in KIF are allowed room to contribute in KEPSA? It can be
sad if you mis-use your position in KEPSA only to promote KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or. ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kict anet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke____________________________ ___________
________
kictanet mailing list
kictanet@lists.kictanet.or.ke
This message was sent to: jwalu@yahoo.com
Unsubscribe or change your options at
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People make a plan work, a plan alone seldom makes people work
(Confucius).
_______________________________________________
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People make a plan work, a plan alone seldom makes people work (Confucius).
__________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________
The message was checked by ESET NOD32 Antivirus.
http://www.eset.com People make a plan work, a plan alone seldom makes people work (Confucius)._______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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Hi Waudo, As the director of KEPSA I welcome CSK and any other association to full membership of KEPSA. We look forward to a meaningful partnership. Kevit Desai _____ From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 08 July 2008 13:55 To: Kevit Desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space. Waudo On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsltd.com> said: Hi Alex, KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman. KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman. Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF. Director of Engineering - Centurion Systems Ltd Chairperson IEEE - Kenya Section Chairperson - Engineering Students Exhibition Governor - KEPSA Director - KEPSA Director - Innovation Africa Director- Kenya ICT Board Vice Chairman - Kenya ICT Federation BOA - AIESEC Member - National Strategy for University Education Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya General Co-Chair - Africon 2009 2nd Fl, New Rehema Hse, Raphta Rd , Westlands -Nairobi P.O. BOX 66031 - 00800 Nrb. Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750 Mobile: +254 722 517067 http://www.centurionsystemsltd.com http://www.ieee.org http://www.engineeringexhibition.co.ke http://www.innovation-africa.net http://www.kepsa.or.ke http://www.powerup.co.ke http://www.aiesec.org http://www.africon2007.co.za http://www.kif.or.ke htpp://www.ict.go.ke http://www.globalcompact.org http://www.undp.org/business/gsb -----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hello Kevit - Since you sent this message to KICTANET I can answer it on the same forum. I think the picture being painted about a rosy situation including "collaboration" is simply not true. The reason to be frank is that there a few in your KIF who do not want any other association to have a voice in KEPSA or to interact with Government. Could you as a KEPSA director ensure that all interested associations including the major ones not in KIF are allowed room to contribute in KEPSA? It can be sad if you mis-use your position in KEPSA only to promote KIF and crack down on those you feel are in the way. Waudo On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai" <kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
kictanet mailing list
kictanet@lists.kictanet.or.ke
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om
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People make a plan work, a plan alone seldom makes people work (Confucius). __________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com People make a plan work, a plan alone seldom makes people work (Confucius).
Kevit, How does KEPSA and KIF governance relate ensuring decisions independence? The political issue here may be monopolization to the extent of clouding out other actors thereby generating conflict. The Motive Theory steps in. We investigate the effects of competition on subjects’ attitude towards cooperation. Three groups face three economic environments with different degrees of competition, from a benchmark case with no competition at all up to a perfect competition case. Subjects contribute generously to a public project in the absence of competition, whereas they contribute very little in the presence of a maximum degree of competition. A diminishing attitude towards cooperation clearly emerges as the degree of competition increases. Therefore, if cooperation does enhance well-being, the maximum degree of competition may be not efficient. <http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba6a6f51d7da9d40d806eb> react. --- On Tue, 7/8/08, kevit desai <kevit@centurionsystemsltd.com> wrote:
From: kevit desai <kevit@centurionsystemsltd.com> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Tuesday, July 8, 2008, 1:14 PM Hi Waudo,
As the director of KEPSA I welcome CSK and any other association to full membership of KEPSA. We look forward to a meaningful partnership.
Kevit Desai
_____
From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 08 July 2008 13:55 To: Kevit Desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsltd.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman.
KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson - Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
htpp://www.ict.go.ke
http://www.undp.org/business/gsb
-----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET I can answer it on
the same forum. I think the picture being painted about a rosy situation
including "collaboration" is simply not true. The reason to be frank is
that there a few in your KIF who do not want any other association to
have a voice in KEPSA or to interact with Government. Could you as a
KEPSA director ensure that all interested associations including the
major ones not in KIF are allowed room to contribute in KEPSA? It can be
sad if you mis-use your position in KEPSA only to promote KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
kictanet mailing list
kictanet@lists.kictanet.or.ke
This message was sent to: jwalu@yahoo.com
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People make a plan work, a plan alone seldom makes people work
(Confucius).
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__________ Information from ESET NOD32 Antivirus, version of virus signature database 3248 (20080707) __________
The message was checked by ESET NOD32 Antivirus.
People make a plan work, a plan alone seldom makes people work (Confucius)._______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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Hi Alex, I'm pleased to clarify as much as I can. Kepsa has an open membership of PRIVATE sector industry and market segment associations in almost all economic sectors. Independence: KEPSA decisions are dependent on members wishes, and members are drawn from the private sector. In fact, NGO's are not approached for membership in KEPSA, neither are government bodies including parastatals. KIF follows the same approach for membership and decision-making. No NGO's and government agencies are member ofn KIF. However, KEPSA and KIF consult on a REGULAR BASIS with all those stakeholders. Having said that, KEPSA and KIF have no obligation to offer service to non members. Hopefully this helps to clarify. Do get in touch with Sam Mwaura of KEPSA or Marcel Werner of KIF. Kevit -----Original Message----- From: Alex Gakuru [mailto:alex.gakuru@yahoo.com] Sent: 09 July 2008 04:45 To: kevit desai Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Kevit, How does KEPSA and KIF governance relate ensuring decisions independence? The political issue here may be monopolization to the extent of clouding out other actors thereby generating conflict. The Motive Theory steps in. We investigate the effects of competition on subjects' attitude towards cooperation. Three groups face three economic environments with different degrees of competition, from a benchmark case with no competition at all up to a perfect competition case. Subjects contribute generously to a public project in the absence of competition, whereas they contribute very little in the presence of a maximum degree of competition. A diminishing attitude towards cooperation clearly emerges as the degree of competition increases. Therefore, if cooperation does enhance well-being, the maximum degree of competition may be not efficient. <http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba 6a6f51d7da9d40d806eb> react. --- On Tue, 7/8/08, kevit desai <kevit@centurionsystemsltd.com> wrote:
From: kevit desai <kevit@centurionsystemsltd.com> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Tuesday, July 8, 2008, 1:14 PM Hi Waudo,
As the director of KEPSA I welcome CSK and any other association to full membership of KEPSA. We look forward to a meaningful partnership.
Kevit Desai
_____
From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 08 July 2008 13:55 To: Kevit Desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsltd.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman.
KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson - Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
htpp://www.ict.go.ke
http://www.undp.org/business/gsb
-----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET I can answer it on
the same forum. I think the picture being painted about a rosy situation
including "collaboration" is simply not true. The reason to be frank is
that there a few in your KIF who do not want any other association to
have a voice in KEPSA or to interact with Government. Could you as a
KEPSA director ensure that all interested associations including the
major ones not in KIF are allowed room to contribute in KEPSA? It can be
sad if you mis-use your position in KEPSA only to promote KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
kictanet mailing list
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Dear Alex, Let me try to clarify again. I felt it is all right at some point that questions are asked about how organisations like KEPSA or KIF are being governed and it's OK that you have done that. I publicly invited CSK to join KEPSA, you have answered already before Waudo. The Local Software Industry Association is formed for the time being under the KIF legal umbrella. The Barcamp is a great initiative and we hope to see more Barcamps. Barcamps are not under the KIF umbrella. The websites of KIF and Innov. Africa are under construction. KIF occupies office space at Centurion's offices, we do that as a gesture of CSR. KIF is a private member based fully legalised organisation. Innov Africa is a legally established private limited company, a fully paid up member of KIF. If you don't mind I would like to terminate this public discussion now. If you need more background or facts, please do pay me a visit following which I trust you will be able to brief the Kictanet readers. Best regards, Kevit -----Original Message----- From: Alex Gakuru [mailto:alex.gakuru@yahoo.com] Sent: Wednesday, July 09, 2008 4:45 AM To: kevit desai Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Kevit, How does KEPSA and KIF governance relate ensuring decisions independence? The political issue here may be monopolization to the extent of clouding out other actors thereby generating conflict. The Motive Theory steps in. We investigate the effects of competition on subjects' attitude towards cooperation. Three groups face three economic environments with different degrees of competition, from a benchmark case with no competition at all up to a perfect competition case. Subjects contribute generously to a public project in the absence of competition, whereas they contribute very little in the presence of a maximum degree of competition. A diminishing attitude towards cooperation clearly emerges as the degree of competition increases. Therefore, if cooperation does enhance well-being, the maximum degree of competition may be not efficient. <http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba 6a6f51d7da9d40d806eb> react. --- On Tue, 7/8/08, kevit desai <kevit@centurionsystemsltd.com> wrote:
From: kevit desai <kevit@centurionsystemsltd.com> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Tuesday, July 8, 2008, 1:14 PM Hi Waudo,
As the director of KEPSA I welcome CSK and any other association to full membership of KEPSA. We look forward to a meaningful partnership.
Kevit Desai
_____
From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 08 July 2008 13:55 To: Kevit Desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsltd.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman.
KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson - Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
htpp://www.ict.go.ke
http://www.undp.org/business/gsb
-----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET I can answer it on
the same forum. I think the picture being painted about a rosy situation
including "collaboration" is simply not true. The reason to be frank is
that there a few in your KIF who do not want any other association to
have a voice in KEPSA or to interact with Government. Could you as a
KEPSA director ensure that all interested associations including the
major ones not in KIF are allowed room to contribute in KEPSA? It can be
sad if you mis-use your position in KEPSA only to promote KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
kictanet mailing list
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The questions Alex is asking are very pertinent, and unless I am the only other person who seems to be in the dark, then you might be in for a huge number of visitors to your offices! The public discussion might be better, either this way or formally. Out of lack of knowing who KEPSA is, why would CSK need to join KEPSA? SK -----Original Message----- From: kictanet-bounces+skisonzo=gmail.com@lists.kictanet.or.ke [mailto:kictanet-bounces+skisonzo=gmail.com@lists.kictanet.or.ke] On Behalf Of Kevit Desai Sent: 10 July 2008 09:51 To: skisonzo@gmail.com Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Dear Alex, Let me try to clarify again. I felt it is all right at some point that questions are asked about how organisations like KEPSA or KIF are being governed and it's OK that you have done that. I publicly invited CSK to join KEPSA, you have answered already before Waudo. The Local Software Industry Association is formed for the time being under the KIF legal umbrella. The Barcamp is a great initiative and we hope to see more Barcamps. Barcamps are not under the KIF umbrella. The websites of KIF and Innov. Africa are under construction. KIF occupies office space at Centurion's offices, we do that as a gesture of CSR. KIF is a private member based fully legalised organisation. Innov Africa is a legally established private limited company, a fully paid up member of KIF. If you don't mind I would like to terminate this public discussion now. If you need more background or facts, please do pay me a visit following which I trust you will be able to brief the Kictanet readers. Best regards, Kevit -----Original Message----- From: Alex Gakuru [mailto:alex.gakuru@yahoo.com] Sent: Wednesday, July 09, 2008 4:45 AM To: kevit desai Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Kevit, How does KEPSA and KIF governance relate ensuring decisions independence? The political issue here may be monopolization to the extent of clouding out other actors thereby generating conflict. The Motive Theory steps in. We investigate the effects of competition on subjects' attitude towards cooperation. Three groups face three economic environments with different degrees of competition, from a benchmark case with no competition at all up to a perfect competition case. Subjects contribute generously to a public project in the absence of competition, whereas they contribute very little in the presence of a maximum degree of competition. A diminishing attitude towards cooperation clearly emerges as the degree of competition increases. Therefore, if cooperation does enhance well-being, the maximum degree of competition may be not efficient. <http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba 6a6f51d7da9d40d806eb> react. --- On Tue, 7/8/08, kevit desai <kevit@centurionsystemsltd.com> wrote:
From: kevit desai <kevit@centurionsystemsltd.com> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Tuesday, July 8, 2008, 1:14 PM Hi Waudo,
As the director of KEPSA I welcome CSK and any other association to full membership of KEPSA. We look forward to a meaningful partnership.
Kevit Desai
_____
From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: 08 July 2008 13:55 To: Kevit Desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - I think one needs to be careful when handling KEPSA and KIF at the same time. Do not use your foothold in KEPSA to promote KIF at the expense of other associations. The explanation is very simple: KEPSA was formed as a focal point, a bringing together characterised by INCLUSIVITY. KIF on the other hand is an independent association and the nature of such an association is EXCLUSIVITY (through membership mechanism). I would like to see the promotion of more associations on the KEPSA ICT Board, not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit@centurionsystemsltd.com> said:
Hi Alex,
KEPSA (info@kepsa.or.ke): private sector policy body with its own governance structure. Elected as a director in private capacity and as KIF vice chairman.
KIF (secretariat@kif.or.ke): membership-based industry association, member of KEPSA's ICT section. Elected as vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson - Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
htpp://www.ict.go.ke
http://www.undp.org/business/gsb
-----Original Message----- From: waudo siganga [mailto:emailsignet@mailcan.com] Sent: Monday, July 07, 2008 9:40 PM To: kevit desai Cc: secretariat@kif.or.ke; 'KICTAnet ICT Policy Discussions' Subject: RE: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Hello Kevit - Since you sent this message to KICTANET I can answer it on
the same forum. I think the picture being painted about a rosy situation
including "collaboration" is simply not true. The reason to be frank is
that there a few in your KIF who do not want any other association to
have a voice in KEPSA or to interact with Government. Could you as a
KEPSA director ensure that all interested associations including the
major ones not in KIF are allowed room to contribute in KEPSA? It can be
sad if you mis-use your position in KEPSA only to promote KIF and crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit@centurionsystemsltd.com> said:
Hi Walu,
Associations are welcome to be members of KEPSA. I would like to confirm
that the KEPSA/KIF relationship is vibrant. We would like to do a lot
more
and welcome more support.
We appreciate Waudo's contributions at our last ministerial stakeholder
forum.
Collaboration is the way forward.
Kevit Desai
KEPSA Director
-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke]
On Behalf Of waudo siganga
Sent: 07 July 2008 19:02
To: kevit@centurionsystemsltd.com
Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in
Kenya
Hi Walu - I am catching you loud and clear on GPRS somewhere in the
bush. I did bring out the issue of regulating the IT (or ICT) Profession
on this list a few months ago. But the rather unenthusiastic response I
got gave me the sense that possibly this was not the correct list since
many of the subscribers appear just interested in ICT Policy rather than
being actual IT Experts. Within the next two weeks there will be another
list for professionals and you will be informed (you have the
qualifications, don't you??). We are pushing for a registration board
like thise done last yeaer for nutritionists and Procurement
Practitioners. There is a lot of work going on unheralded. All we need
is a champion or chanpions in the right place.
Waudo
On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
<jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this
area...unfortunately it seems as if it was restricted within KIF only? I
wonder if Computer Society of Kenya (CSK, Waudo r u there?) or
Information Security Audit & Control (ISACA-Kenya Chapter) just to
mention some of the big IT Associations in Kenya were involved. I beg to
be enlightened.
This brings in an old question - who really represents the IT Profession
in Kenya? Shem has been on record as saying that IT is the only
discipline where we seem to lack bodies with the same authority as LSK
(Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical
Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a
different objective anyway). But time has come to really start thinking
of regulating the IT profession, even as we struggle to regulate the
industry...Ideally, CSK should take the lead on this, but they have been
awfully quite except when they award prizes at the end of the year (Waudo
I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing
sector but on IT? am not sure they have been as effective - particularly
because the link between KEPSA/KIF and the IT industry has been 'cloudy'
for lack of a better word...Can for example CSK or ISACA be part of
KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as
we think of regulating electronic transactions, we also need to
simultaneously start regulating the IT profession..but maybe I am wrong.
Particularly because regulation can and often leads to suppression...
walu.
--- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com>
Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
To: jwalu@yahoo.com
Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions"
<kictanet@lists.kictanet.or.ke>
Date: Sunday, July 6, 2008, 6:43 PM
Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report -
Public Panel 19
June 2008
*Electronic commerce (e-commerce) will add at least one
percent point growth
to Kenya's overall economic growth within five years.
This is contingent
upon the adoption of legislation that supports electronic
transactions. *Kenya,
as an emerging economy and regional leader, lags behind in
having a legal
framework for e-commerce in place. The current situation is
an anachronism
hampering national development, placing provincial centres
at a
disadvantage, and harming global competitiveness. Both
external and internal
trade require the new framework.The Kenyan private sector
strongly supports
e-commerce legislation, as well as legislation of the
Information and
Communication Technology sector that guarantees an open
market and promotes
innovation.
Why e-commerce law? Today, legislation supporting
electronic transactions
represents the single most powerful innovation opportunity
in the legal
framework of the ICT sector. Legislation is needed to:
-Legalize e-commerce transactions by recognizing an
electronic signature
-Manage and control e-commerce risks
-Remove e-commerce barriers
KIF has studied drafts currently circulating in the public
domain, the
Information and Communications Bill, 2008, and the
Electronic Transactions
Bill, 2007, respectively, both of which are of the highest
technical
standards. Public panels and hearings with sectors of the
economy (including
tourism, agriculture, ICT) have been held on 6th and 27th
May, 4th June and
19th June. The Kenyan private sector has expressed
overwhelming support for
urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and
hearings to date
have yielded the following important issues for improvement
in the current
Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be
demarcated
- Clarification on which commercial documents are
excluded from
proposed legislation
- Eliminate any ambiguity on admissibility of
electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud
than on
traditional fraud
- Remove inconsistencies in determining crimes and
punishments
- Provisions for the inclusion of cyber-crime
within the scope of
the Extradition Act
- Creation of an Administrator for e-commerce laws
whose functions
will be policy implementation and advisory, as a
multi-sectoral body with
industry associations including KIF, lead regulator
Communications
Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are
expressing their desire
to see e-commerce covered by law. In tourism, on-line
travel bookings have
exceeded 80% in the USA and 50% in Europe. Decline in
off-line bookings is
in ample evidence. Those destinations that cannot legally
support abundant
on-line booking, such as Kenya, will loose market share.
E-commerce in
agriculture will improve small-holder's living
standards. Great impact is
expected notably in the coffee sector that provides
livelihood to at least 5
million Kenyans, as well as in the dairy industry.
Healthcare efficiency and
affordability will improve by on-line health data
management systems.
Business operators in rural towns and rural centres have
also expressed keen
interest, as they see scope to address issues of trade
efficiency and
security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based
documentation by
a mutually binding electronic protocol between buyers and
sellers.
E-commerce is gaining ground globally and has become an
irreversible trend.
Many trading partners are already practicing e-commerce, by
mutual
agreement, also in Kenya. However, e-commerce will reach
its full potential
when parties that do not know each other are able to trade
with full mutual
protection under the law. This will benefit large numbers
of consumers and
businesses, including small-holder farmers, tourism
operators, small-scale
industry and services providers in almost any business
sector.
About KIF
The Kenya Information and Communication Technology
Federation (KIF)
represents the ICT industry with Government and with
private sector bodies
e.g. Kenya Association of Manufacturers and Kenya Private
Sector Alliance
KEPSA <http://www.kepsa.org/>. KIF is a legally
registered membership based
Association, made up of trade associations and professional
bodies within
the national ICT industry, as well as commercial
corporations. KIF has been
accepted as the private sector voice of ICT by Government.
KIF contributes
ideas to key sectors like healthcare, education,
agriculture, construction
industry, and last but not least supports e-government
development. KIF is a
membership-driven organisation. Members bring issues on
public policy and
industry development forward for KIF to take action. Issues
include:
innovation promotion, education improvement, duties, taxes
and levies, rural
ICT investment. KIF has a strong and active network, with
excellent
relationships with all government agencies. KIF membership
is open for
market segment associations and individual companies.
Membership charges are
annual and based on company size. Contact:
secretariat@kif.or.ke, 020
4440102
MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
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Walu I forgot to mention how CSK relates to the myriad of other associations. One benchmark is we only partner with associations that are run by Kenyan citizens, preferably indigeneous Kenyans. I mean, how can you be sure about the agenda of an outfit run by foreigners??? I would expect government to have the same policy and not open doors to foreigners posing as "policy experts". There is an underlying belief that associations run by locals add no value. I can be surprised if I went to a country, e.g. Holland, and formed an association to push for anything whether anybody there, leave alone the Dutch Govt would bother with my ideas. Come on people - it is 45 years since Uhuru. Is it "Yes we can" or "Yes we can't"??? Waudo On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo" <jwalu@yahoo.com> said:
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to: Marcel.Werner@innovation-africa.or.ke_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
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This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... People make a plan work, a plan alone seldom makes people work (Confucius).
Dear all, IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man) Facilitative regards Harry -----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Marcel, It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened. This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession. And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!). KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened. O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression... walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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I concur On Mon, Jul 7, 2008 at 5:18 PM, Harry Hare <harry@africanedevelopment.org> wrote:
Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry <kictanet-bounces%2Bharry>= africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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Hi Harry, Good to see your voice is back. (must have been the cold... ;-) While I agree with your point certain discipilnes may see it fit to establish self-regulatory structures and have those given legal backing e.g. Information System/Security Auditors may want to protect and streamline their "space" in order to provide consumers protection against hack/fake/non-current auditors. This could even be something as simple as keeping a register with the examining body that can be cross-referenced by consumers and possibly even negotiating some basis for striking off members for malpractice. B Sent from my iPhone On 08 Jul 2008, at 12:18 AM, "Harry Hare" <harry@africanedevelopment.org> wrote:
Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke ] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired This is how I view issues these days: 1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is) "Regulating" akin to "Controlling" is archic Even the future of sector regulation changed. "Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea." Regulators future simplified to concentration on increasing competition,consumer protection;) The “Seoul Declaration” signed by 39 governments and the European Union on 18 June was announced as a “roadmap for the future of the internet economy. The conference was held on 17-18 June. <http://www.oecd.org/dataoecd/49/28/40839436.pdf> Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined. Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests" regards, --- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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Hi Alex, I agree with you that the Barcamp was a great achievement. We do need to do a lot more to congratulate Skunkworks. May be Riaz can tell us how we can scale things up? Innovation is a national theme. And so many people are now involved. Kevit -----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke [mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke] On Behalf Of Alex Gakuru Sent: 08 July 2008 07:08 To: kevit@centurionsystemsltd.com Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired This is how I view issues these days: 1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is) "Regulating" akin to "Controlling" is archic Even the future of sector regulation changed. "Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea." Regulators future simplified to concentration on increasing competition,consumer protection;) The "Seoul Declaration" signed by 39 governments and the European Union on 18 June was announced as a "roadmap for the future of the internet economy. The conference was held on 17-18 June. <http://www.oecd.org/dataoecd/49/28/40839436.pdf> Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined. Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests" regards, --- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke
[mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke]
On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
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My take: there is need for legislation & regulation - not in the negative sense of the words. From the discussions, what I get as the question(s) is why, how, to what extend. All these can be answered in a more organised forum. A basic example, if we had a Kenyan company purporting to sell products on-line and accepts credit card payment, and it ends up being fake or does not deliver, who can the culprits turn to? In addition, there seems to be so many (competing) lists or groups (not sure if they are organisations), but none seems authoritative. We need a professional body that caters for and where one can pose any ICT issue without fear of digressing.. -----Original Message----- From: kictanet-bounces+skisonzo=gmail.com@lists.kictanet.or.ke [mailto:kictanet-bounces+skisonzo=gmail.com@lists.kictanet.or.ke] On Behalf Of kevit desai Sent: 08 July 2008 08:28 To: skisonzo@gmail.com Cc: 'kictanet-lists' Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya Hi Alex, I agree with you that the Barcamp was a great achievement. We do need to do a lot more to congratulate Skunkworks. May be Riaz can tell us how we can scale things up? Innovation is a national theme. And so many people are now involved. Kevit -----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke [mailto:kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke] On Behalf Of Alex Gakuru Sent: 08 July 2008 07:08 To: kevit@centurionsystemsltd.com Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired This is how I view issues these days: 1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is) "Regulating" akin to "Controlling" is archic Even the future of sector regulation changed. "Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea." Regulators future simplified to concentration on increasing competition,consumer protection;) The "Seoul Declaration" signed by 39 governments and the European Union on 18 June was announced as a "roadmap for the future of the internet economy. The conference was held on 17-18 June. <http://www.oecd.org/dataoecd/49/28/40839436.pdf> Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined. Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests" regards, --- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke
[mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke]
On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
________
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http://lists.kictanet.or.ke/mailman/options/kictanet/alex.gakuru%40yahoo.com _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: kevit@centurionsystemsltd.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kevit%40centurionsystem sltd.com _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: skisonzo@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/skisonzo%40gmail.com
Hi, It was fun, being part of the team that organised the Barcamp last month. (Now if only we could do that full time ;) ) It surpassed most people's expectations, and I'm just wondering how big next year might get to be. Scaling up is something we're not sure about yet. It really should be more of *scaling out*. Getting techie communities out there and helping them interact locally.. not just Nairobi but in each part of the country, help solve problems affecting their various local communities, while making a living. (I think business should be created around ideas that solve people's problems innovatively and affordably). So the less Nairobi-Centric skunkworks is, the better in the long term. The community has grown to such extent that really its beyond Riyaz or myself or any of the other so-called organisers :). Perhaps what has helped skunkworks attract what is more or less the ICT techie community is its informal nature. Anyone can organise activities really. In addition, simple interactions on the mailing list (and on the regular Tuesday meetups) have seen guys take 'bold new steps' - some of the discussions are really interesting (some people are now trying to figure out how to crack prepaid card codes). The challenge now is for discussions to translate into action - real life applications etc. Some of the ideas that have come up include doing school (high school, college & university) visits, doing geek-corp style community activities, getting together and setting up cheap hosting for people to develop local applications. On Tue, Jul 8, 2008 at 8:28 AM, kevit desai <kevit@centurionsystemsltd.com> wrote:
Hi Alex, I agree with you that the Barcamp was a great achievement. We do need to do a lot more to congratulate Skunkworks. May be Riaz can tell us how we can scale things up? Innovation is a national theme. And so many people are now involved.
Kevit
-----Original Message----- From: kictanet-bounces+kevit=centurionsystemsltd.com@lists.kictanet.or.ke [mailto:kictanet-bounces+kevit <kictanet-bounces%2Bkevit>= centurionsystemsltd.com@lists.kictanet.or.ke] On Behalf Of Alex Gakuru Sent: 08 July 2008 07:08 To: kevit@centurionsystemsltd.com Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired
This is how I view issues these days:
1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is)
"Regulating" akin to "Controlling" is archic Even the future of sector regulation changed.
"Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea."
Regulators future simplified to concentration on increasing competition,consumer protection;)
The "Seoul Declaration" signed by 39 governments and the European Union on 18 June was announced as a "roadmap for the future of the internet economy. The conference was held on 17-18 June.
<http://www.oecd.org/dataoecd/49/28/40839436.pdf>
Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf>
Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined.
Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests"
regards,
--- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke
[mailto:kictanet-bounces+harry <kictanet-bounces%2Bharry>= africanedevelopment.org@lists.kictanet.or.ke]
On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________
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-- Fred Allen - "Television is a medium because anything well done is rare."
Brian and Alex, About my cold :-) unfortunately in this part of the world regulation "means" controlling, licences fees etc. So however noble the effort to "regulate" the sector, this normally ends up with another layer of bureaucracy that inhibits innovation and creates entry barriers to the would be beneficiaries. The unprofessional way people conduct their businesses is not necessarily because they donet want to be professional, but probably they don’t know any other way. In my past life I used to edit a magazine called PC World East Africa, during that time one Bobby Yawe, wrote an article which we published titled "Why programmers die poor", in the said article Bobby argued, and rightly so, that programmers in the country; - Have the skills and knowledge of software development tools - Have an untapped market - Lack the tools (probably this has changed with the entry of FOSS) - Lack business skills including basic book keeping and marketing - Lack project management skills - Work in isolation With their skills and the market, they cannot still service the market and the potential business right on their doorstep. Now if you are going to create "regulation" to address these issues, I'm with you, and that is what I call facilitation or if you want, facilitative regulation otherwise regulation the way we know it will neither add value to the professionals nor the customers/consumers. Have a facilitated day Harry -----Original Message----- From: Alex Gakuru [mailto:alex.gakuru@yahoo.com] Sent: 08 July 2008 07:08 To: Harry Hare Cc: kictanet-lists Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya There is so much work outstanding yet so many just want jobs and flashy titles Fat salaries and untaxed allowances Not that they will excel at the jobs No! They will instead obstruct others Use their high office appointments to frustrate real workers and innovators Then lobby for own private interests Using the high offices just acquired This is how I view issues these days: 1. Start with the politics on the subject 2. Study the motives of involved actors 3. Then get to the details or proposals (If there will be a need after, that is) "Regulating" akin to "Controlling" is archic Even the future of sector regulation changed. "Regulating convergence, finding solutions to foster creativity and answering consumer fears about identity theft, fraud and the invasion of their privacy were central questions at the recent Organisation for Economic Co-operation and Development (OECD) ministerial meeting in Seoul, Korea." Regulators future simplified to concentration on increasing competition,consumer protection;) The “Seoul Declaration” signed by 39 governments and the European Union on 18 June was announced as a “roadmap for the future of the internet economy. The conference was held on 17-18 June. <http://www.oecd.org/dataoecd/49/28/40839436.pdf> Civil Society background paper "Fueling Creativity, Ensuring Consumer and Privacy Protection, Building Confidence and Benefiting from Convergence." <http://thepublicvoice.org/events/seoul08/cs-paper.pdf> Skunkworks may not be a "Registered Association" but you bet it's value to us is 10x all others combined. Looking back, one sees little, if any, consumer value proposition from most of already existing associations, except their vocalness advancing "members interests" regards, --- On Mon, 7/7/08, Harry Hare <harry@africanedevelopment.org> wrote:
From: Harry Hare <harry@africanedevelopment.org> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: alex.gakuru@yahoo.com Cc: secretariat@kif.or.ke, "'KICTAnet ICT Policy Discussions'" <kictanet@lists.kictanet.or.ke> Date: Monday, July 7, 2008, 2:18 PM Dear all,
IMHO in this day and age we should not be talking about "regulation" or "regulating" anything, this is concept that has been overtaken by events as we entered the information age characterised by abundance as opposed to scarcity. We should focus our efforts in "facilitation" and let the industry find its own equilibrium. At the end of the day, the boys will be separated from the men - apologies for not being a GSM (Gender Sensitive Man)
Facilitative regards Harry
-----Original Message----- From: kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=africanedevelopment.org@lists.kictanet.or.ke] On Behalf Of John Walubengo Sent: 07 July 2008 12:46 To: harry@africanedevelopment.org Cc: secretariat@kif.or.ke; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
Marcel,
It looks like quite some work has been ongoing in this area...unfortunately it seems as if it was restricted within KIF only? I wonder if Computer Society of Kenya (CSK, Waudo r u there?) or Information Security Audit & Control (ISACA-Kenya Chapter) just to mention some of the big IT Associations in Kenya were involved. I beg to be enlightened.
This brings in an old question - who really represents the IT Profession in Kenya? Shem has been on record as saying that IT is the only discipline where we seem to lack bodies with the same authority as LSK (Law Society of Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board amongst others to regulate the IT Profession.
And by the way, KICTAnet does not fit the bill either (and has a different objective anyway). But time has come to really start thinking of regulating the IT profession, even as we struggle to regulate the industry...Ideally, CSK should take the lead on this, but they have been awfully quite except when they award prizes at the end of the year (Waudo I know u will kill me offline but I just had to say it!).
KEPSA? very reputable and effective particularly in the Manufacturing sector but on IT? am not sure they have been as effective - particularly because the link between KEPSA/KIF and the IT industry has been 'cloudy' for lack of a better word...Can for example CSK or ISACA be part of KEPSA without being part of KIF? I again need to be enlightened.
O.K. I agree I did digress, but just thinking loudly and saying that as we think of regulating electronic transactions, we also need to simultaneously start regulating the IT profession..but maybe I am wrong. Particularly because regulation can and often leads to suppression...
walu. --- On Sun, 7/6/08, Marcel Werner <marcelcwerner@gmail.com> wrote:
From: Marcel Werner <marcelcwerner@gmail.com> Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya To: jwalu@yahoo.com Cc: secretariat@kif.or.ke, "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Sunday, July 6, 2008, 6:43 PM Legislation and Regulation for e-Commerce in Kenya
Kenya ICT Federation (KIF) - Briefing Note # 3 - Report - Public Panel 19 June 2008
*Electronic commerce (e-commerce) will add at least one percent point growth to Kenya's overall economic growth within five years. This is contingent upon the adoption of legislation that supports electronic transactions. *Kenya, as an emerging economy and regional leader, lags behind in having a legal framework for e-commerce in place. The current situation is an anachronism hampering national development, placing provincial centres at a disadvantage, and harming global competitiveness. Both external and internal trade require the new framework.The Kenyan private sector strongly supports e-commerce legislation, as well as legislation of the Information and Communication Technology sector that guarantees an open market and promotes innovation.
Why e-commerce law? Today, legislation supporting electronic transactions represents the single most powerful innovation opportunity in the legal framework of the ICT sector. Legislation is needed to: -Legalize e-commerce transactions by recognizing an electronic signature -Manage and control e-commerce risks -Remove e-commerce barriers KIF has studied drafts currently circulating in the public domain, the Information and Communications Bill, 2008, and the Electronic Transactions Bill, 2007, respectively, both of which are of the highest technical standards. Public panels and hearings with sectors of the economy (including tourism, agriculture, ICT) have been held on 6th and 27th May, 4th June and 19th June. The Kenyan private sector has expressed overwhelming support for urgent legislation of e-commerce.
Suggested improvements in Bills - The public panels and hearings to date have yielded the following important issues for improvement in the current Bills:
- Provisions on who can prosecute are missing
- Liability of Internet Service Providers must be demarcated
- Clarification on which commercial documents are excluded from proposed legislation
- Eliminate any ambiguity on admissibility of electronic evidence
- Need for data protection and privacy provisions
- The Bills are more lenient on e-commerce fraud than on traditional fraud
- Remove inconsistencies in determining crimes and punishments
- Provisions for the inclusion of cyber-crime within the scope of the Extradition Act
- Creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations including KIF, lead regulator Communications Commission of Kenya and co-regulator Central Bank of Kenya
Gains in tourism, agriculture, healthcare
Industry sectors, notably the tourism industry, are expressing their desire to see e-commerce covered by law. In tourism, on-line travel bookings have exceeded 80% in the USA and 50% in Europe. Decline in off-line bookings is in ample evidence. Those destinations that cannot legally support abundant on-line booking, such as Kenya, will loose market share. E-commerce in agriculture will improve small-holder's living standards. Great impact is expected notably in the coffee sector that provides livelihood to at least 5 million Kenyans, as well as in the dairy industry. Healthcare efficiency and affordability will improve by on-line health data management systems. Business operators in rural towns and rural centres have also expressed keen interest, as they see scope to address issues of trade efficiency and security in rural Kenya.
What is e-commerce
E-commerce is a method of trading that replaces paper-based documentation by a mutually binding electronic protocol between buyers and sellers. E-commerce is gaining ground globally and has become an irreversible trend. Many trading partners are already practicing e-commerce, by mutual agreement, also in Kenya. However, e-commerce will reach its full potential when parties that do not know each other are able to trade with full mutual protection under the law. This will benefit large numbers of consumers and businesses, including small-holder farmers, tourism operators, small-scale industry and services providers in almost any business sector.
About KIF
The Kenya Information and Communication Technology Federation (KIF) represents the ICT industry with Government and with private sector bodies e.g. Kenya Association of Manufacturers and Kenya Private Sector Alliance KEPSA <http://www.kepsa.org/>. KIF is a legally registered membership based Association, made up of trade associations and professional bodies within the national ICT industry, as well as commercial corporations. KIF has been accepted as the private sector voice of ICT by Government. KIF contributes ideas to key sectors like healthcare, education, agriculture, construction industry, and last but not least supports e-government development. KIF is a membership-driven organisation. Members bring issues on public policy and industry development forward for KIF to take action. Issues include: innovation promotion, education improvement, duties, taxes and levies, rural ICT investment. KIF has a strong and active network, with excellent relationships with all government agencies. KIF membership is open for market segment associations and individual companies. Membership charges are annual and based on company size. Contact: secretariat@kif.or.ke, 020 4440102 MARCEL WERNER, Chairman, Kenya ICT Federation
please send any business mail to:
Marcel.Werner@innovation-africa.or.ke_______________________________________ ________
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participants (13)
-
Alex Gakuru -
Brian Longwe -
Brian Munyao Longwe
-
David Otwoma -
Gakuru , Alex -
Harry Hare -
John Walubengo -
Joseph Manthi -
Josiah Mugambi -
kevit desai -
Marcel Werner -
Sylvester Kisonzo -
waudo siganga