[Kictanet] eCommerce Legislation, so near and yet so far.

Thu Dec 7 15:44:35 EAT 2006

Rebecca,

Your comment 

''...Kenya has no ICT law, doesn’t seem to care much about
e-commerce whether in country or between Kenya and other
countries''...may be abit on the stronger side.

I believe the relevant Kenyan agencies both in Govt,
Private  Sector and Civil society do care and have made and
continue to make effort towards a legalised eCommerce
environment.

The current Kenyan ICT policy does take cognisance of the
significance that eCommerce has and the draft ICT Bill
(2006) does make attempts to legalise this e-environment.

What could be lacking is a mechanism for fast-tracking the
issues i.e. escalating the time frame between Policy, Bill
and Law.  Indeed, the last bit - enacting law is the
trickiest since it lies at the mercy of Parliamenterians
(MPs)...

Nevertheless, there could be interventions tailored to gain
Parliamentary 'buy-in'.  After all, they have been known to
pass some Bills in record-time, why not the e-Bills?

walu.

--- Florence Etta <feanywhere at yahoo.co.uk> wrote:

> Thanks Becky for this valuable and insightful piece. I
> would ask what can KICTANEt and or similar networks do
> about this. This is for me ois the bigger question.
> 
> Cheers,
> FE 
>  
> Florence Etta  
> P.O. Box 14285,00800
> Westlands-Nairobi, Kenya
> Tel: Mobile + 254-733-621851 
> Terrestrial: + 254-20-7121506 
> Fax: + 254-20-7125732 
> Alternative Email:florence.etta at gmail.com
> 
> ----- Original Message ----
> From: Rebecca Wanjiku <rebeccawanjiku at yahoo.com>
> To: feanywhere at yahoo.co.uk
> Sent: Tuesday, 5 December, 2006 9:36:41 PM
> Subject: [Kictanet] IS ICANN IMPORTANT?
> 
> PLAYING THE CATCH UP GAME- AFRICAN STYLE
>   By Rebecca Wanjiku
>   Paul Odhiambo is an ICT officer at the Ministry of
> Education in
>  Kenya . He is used to the technical jargon and all
> issues relating to the information society.
>    
>   But attending the Internet Corporation for Assigned
> Names and Numbers (ICANN) meeting is not that easy for
> Odhiambo. In some of the sessions, he finds himself in
> unfarmiliar territory. Why ? afterall he is a techie !
>    
>   Because at the meetings, participants discuss about ICT
> laws and how they can be made responsive to people´s
> demands and privacies. For instance, during discussions
> on WHOIS, participants discuss issues on how much
> information should be available to the public and whether
> such information should be shared accross the sectors. 
>    
>   Then there are other issues on the menu like security
> concerns and the
>  usual business aspect of e-commerce. Legal issues are
> also discussed regarding applicable laws in case of cross
> country trade. For example, if importing a car from Dubai
> , if it’s damaged at sea and you bought it online, which
> courts can you seek redress? Kenyan court or Dubai .
>    
>   Odhiambo may find himself in unfamiliar territory
> because Kenya has no ICT law, doesn’t seem to care much
> about e-commerce whether in country or between
>  Kenya and other countries.
>    
>   Odhiambo´s story is probably the story of many African
> participants at ICANN meetings. Latin America, North
> America, Europe and Asia seem to be operating on a
> different level compared to Africa .
>    
>   While the rest are discussing progressive issues,
> African delegates can only watch and say, we have our
> issues- access, and policy formulation. 
>    
>   But for how long will Africa cling on to the problems
> as an excuse?
>    
>   Take for example the issue of access, those who were in
> the ICT industry will maybe confirm that some African
> heads have sang this song of the digital divide, lack of
> access and lack of money.
>    
>   But the leaders have gyrated and swung their hips at
> the prospect of development that ICT holds. Whilst the
> question of infrastructure and finance maybe understood,
> what about policy formulation, can that be understood
> too?
>    
>   Many of us stay home and wonder why ICANN meetings are
> important. Some may view it as a travel club or a
> playground for techies. While you wonder what label to
> give them, these guys are making policies that could
> affect you.
>    
>   What are you doing about it?
>    
>   Ends 
>    
>    
> 
> 
> 
> Rebecca Wanjiku,
> journalist,
> p.o box 33515, 
> Nairobi.00600
> Kenya.
> 
> Tel. 254 720 318 925
> 
> blog:http://beckyit.blogspot.com/ 
> 
> 
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