[Kictanet] Interim Report: Review and analysis of the Kenya Information Communication Bill 2006

Thu Apr 27 15:42:50 EAT 2006

Dear KICTANET Members

Below and attached is the interim report for the review and analysis of our 
IC bill.
Thank you and best regards
alice
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1.0         Introduction
Following the publication of Kenya Information and Communications Bill 2006 
by the Ministry of Information and Communications in Feb 2006, KICTAnet 
decided to establish an infrastructure to review the bill in a systematic 
manner. The purpose was to take on board comments emerging from stakeholders 
in an efficient, constructive and nationally engaging process. Consequently 
KICTAnet established a team to undertake the review.

This an interim report of the work of the I&C Review Team

2.0         Team composition
The Team was formally constituted in the beginning of May and comprise of 
the following facilitators and their theme of responsibility in the Bill 
review exercise as set out in Table 1.

Table 1: team membership and area of focus

1. Telecommunications: Muruiki Mureithi

2. Legal/Regulatory: J. N. Kihanya

3. Social Dimensions, including gender, youth etc: Dorcas Muthoni

4. Broadcasting/Media: Grace Githaiga

5. Acadamia: Victor Kyalo

6. Internet and information technology: John Walubengo

7. Economics: Ndungu Kimani

8. Outreach: Alari Alare

The team Chair is Mr Muriuki Mureithi

3.0         Activities
At its first meeting held on April 10th the team

-         approved an innovative model to review the bill . The model 
developed by Summit Strategies Ltd breaks down the review process into three 
dimensions, namely carriage system(s), content and finally services 
provision environment over three time phases. A detailed description of the 
model is attached

-         reviewed and allocated responsibilities  for each team member  as 
indicated in Table 1 above

-         Agreed to finalise and present phase 1 – contextualisation by Tue 
April 25

-         Requested the Chair to brief and  seek collaboration from PS 
Ministry of Information and Communications

-         Decided  to publicise the bill review process to get constructive 
engagement with broad participation by all stakeholders

-         Decided to engage an expert  to help engage the media on the 
review process

These activities were carried out and reported in the 2nd meeting held on 
April 19th .This second meeting took note of the following;-

-         Briefing  on the meeting with PS  on April 13th     who committed 
to support the process  as reported below

Dear Colleagues

Further to our concurrence to work with the Ministry of Infocom, I met the 
PS on Thursday April 13th  at 1700hrs and briefed him

-          on the framework and strategy we are using to review the bill

-          that the motivation of the process was to create synergy among 
all stake holders and enhance efficiency in the review process

-          that it was an open process we seek to bring all stakeholder 
interest on board

-          the team is giving time  as a national contribution to 
development of ICT in the country

-          being a phased approach we shall have a peer review meeting on 
May  12th and a national workshop towards end of May or early June to be 
determined by the publishing of the bill by the AG

The PS expressed appreciation to the work we are doing and committed to 
support us in this noble activity. He indicated that he will send his staff 
on the meeting of May 12th and that the ministry will takeover ownership of 
the national workshop to ensure high level participation.  His office is 
open for any consultations we may need or support to undertake research that 
we may need.

The Asst minister also came in briefly in our meeting

Email to team members dated April 18th , 2006 , by Muriuki Mureithi chair

-         very concise reports by all members on their respective themes

-         the process leading to publishing of the bill by the Attorney 
General explained below

‘My very rudimentary understanding of the Bills process will be that on 
finalisation by the AG, the Bill will be published and forwarded to the 
House Business Committee, which will in turn forward it to the relevant 
committee of the House.

The Bill will then be presented for its first reading by the Minister for 
communications. This involves a paragraph by paragraph reading of the all 
clauses in the Bill..or highlight of the PARTS of the Bill...It will then go 
to the second stage where the house will convert itself into a committee and 
raise queries on the Bill and then refer the Bill to the appropriate 
committee for any amendments proposed. It will then come back to the House 
for a final third reading and if passed, will await presidential assent to 
become law.

I hope this gives a guide of some sort ON THE TIME FRAME.I could make a 
detailed report after enquiries. I am not aware of the internal workings at 
the AGs but would assume that the relevant officers will make the relevant 
changes to accord the Bill a final parliamentary style and when passed by 
the AG, the process above would kick in..’

Submission to the team by J N Kihanya Legal/ regulatory on Parliamentary 
process April 18th

-         Low response from the KICTANET list members. The team tasked a 
specialist Mr Alari to develop a strategy to engage all stakeholders in the 
bill review process

-         Commenced phase 2 – analysis of the bill with a view to make 
substantive proposals on the bill. A guideline has been developed by the 
legal expert  on how  to make proposals to the text as below

Section 58(1)(ICBill)

“The Minister may, by notification in the Kenya gazette, declare that any 
computer system or computer network is s a protected system.”

Comment

Delete entire section. The data protection regime needs a more robust 
treatment and we should seek views in other jurisdictions on how they have 
achieved this.

Mr J N Kihanya Legal expert

-         to hold a media owners/ senior editors workshop  in the first week 
of May to brief the media  on the process

-         others key stakeholders to be engaged and briefed  include TESPOK, 
Telkom Kenya, Safaricom, Celtel , E-government Secretariat, Postal 
Corporation of Kenya, CCK, Civil Society of Organisation

-         to meet on May 10th to present output of Phase 2

-         to present our findings to a ½ morning workshop for peer review on 
may 12th

-

4.0         Status
PS Ministry of I&C has confirmed to attend the breakfast media briefing 
workshop on May 5th. We are now finalising the logistics to organise the 
meeting and bring in Media owners and senior editors

Team members have almost finalised the final reports of Phase 1 whose cut 
off was Tue April 25th

5.0         Future programme
The team has planned the following near term activities

  a.. Brief the Minister on the review once the  report is complete
  b.. To organise a one day workshop for ICT reporters once review is 
complete  to educate them on the contents of the Bill and our proposals
Once the Bill is published by the AG

  a.. Jointly with the Minister organise a one day national workshop
  b.. Jointly with IEA , ATPS hold  a two day workshop for Members of 
Parliament  Committee responsible for ICTs

6.0         Resources
The team is literally donating time and expertise for these national 
activities. The team needs funding for the better honoraria to cover direct 
costs and funding to organise the National workshop as well as the two day 
workshop with Members of Parliament Committee responsible for ICTs.

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