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

Thu Apr 27 20:29:27 EAT 2006

Thanks for the report, very important, compliments for those who have put so 
much work in it.

I missed the take-off of this activity. Will share this with colleagues at 
KIF.

Marcel

----- Original Message ----- 
From: <alice at apc.org>
To: <mwerner at archway-productions.com>
Sent: Thursday, April 27, 2006 3:42 PM
Subject: [Kictanet] Interim Report: Review and analysis of the 
KenyaInformation Communication Bill 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
> ---------------------------------------------------------
>
> 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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