[kictanet] Of monkeys and loaded guns

Fri Jul 6 18:50:02 EAT 2007

Dear All,
While I understand your concern, I think it is important to understand the
Law making process.  After you present your views, the AG's office has to
go through them and re-draft the Bill.  We usually have no say in the
process.  The bast chance you can have to change the clauses is at
committee stage because there you are dealing directly with the Law
makers.

I therefore urge you to come to Safari Park on the 16th to have your
contributions taken care of.  We are not wasting any resources by giving a
chance to contribute.

Regards

Bitange Ndemo.

> Alex
>
> I agree with you re; wish list and there was a bit of that discussion
> initially. We need to have a look at the bill that was presented. From
> my quick scan a lot of the issues presented by KICTAnet stakeholders
> have been left out.
>
> Quoting an earlier message from MM
> "Some areas that warrant attention are:
>
> - policy formulation in the ICT sector . ICT stakeholders participated
> in the ICT formulation process for the first time in 2006 and now have a
> sense of ownership to that policy. This is as should be because the
> government strategy is to use the private sector to drive growth . The
> proposed clause 5 fails to take into account the lessons learned from
> the policy formulation process and locks out all other stakeholders in
> policy formulation
>
> - governance - Minister can appoint unlimited number of the board
> members to the CCK board because the operative language for all
> appointments in clause 6 is .. at least one --- . No advantage can be
> demonstrated. All other regulators have an upper limit on the board
> members who range from
>
> 5 to 9 members. Secondly , almost all others have no government officers
> to avoid conflict of interest where government has shareholding in
> operators and in any case the regulator implements policy promulgated by
> the government thirdly all the board appointments are heavily tilted to
> the supply side and only one appointee will represent the consumer side
> some of these concerns and more were pointed out by KICTANET but have
> not taken on board Muriuki Mureithi"
>
>
> best
> alice
>
>
> Alex Gakuru wrote:
>> Dear All:
>>
>> This is above my known pro-consumer advocacy. It is
>> about your civic duty time and resources investment
>> wastage by the ministry of information and
>> communications.
>>
>> No matter how nice the ICT policy is, it is not the
>> law thus your contributions to the process are mist
>> and dew.
>>
>> I am afraid I will not let off government so easily,
>> obviously because I have faced very bad forces and
>> know better some of the dynamics at play, foremost
>> their deliberate (twice) refusal to register the ICT
>> Consumer Association of Kenya-reason it would disrupt
>> lucrative telecoms status quo. Do not waste your time
>> with KACA who have failed to sue even where there
>> exists ample evidence, and now are blaming
>> "limitations"
>>
>> When we were asked to discussion Bill version before
>> parliament, nobody responded, why? The Ministry is
>> proposing to pass a law that is against the spirit of
>> the nation. In other words an illegal law. Apathy may
>> have come because the government is confident of
>> i-house numbers to pass any law they want.
>>
>> The ICT Policy reflected in previous (February-2006
>> not the one before Parliament) draft Bill reflected
>> our collective ICT aspirations that were tough to
>> reach at Mombasa (and Engineer Rege Consumers respect
>> you.)
>>
>> Comparing the tabled Bill with KCA 1998 legitimises
>> backdoor violation government policy commitment. We
>> should compare the current that bill with the February
>> 2006 draft. But you cannot have it! When the
>> www.information.go.ke downgraded their website, the
>> document was dropped.
>>
>> Picking one example - Internet Censorship
>>
>> Would one not suspect recent opposition websites
>> "hackings", curiously Ruto's redirected to KACA?
>>
>> The ministry Bill has chosen to be silent thereby
>> facilitating internet censorship - because it not
>> illegal. We are not only getting worse off that Uganda
>> and Tanzania but are now fast speeding towards
>> Zimbabwe where censorship is legal. (see my recent
>> post)
>>
>> since May 2006, the top five most popular Ethiopian
>> web sites (including CyberEthiopia) and several blogs
>> have been blocked and are inaccessible across
>> Ethiopia. The apparent objective is to prevent the
>> dissemination of information that is critical of the
>> current regime.
>>
>> See
>> http://www.cyberethiopia.com/net/docs/internet_repression_in_ethiopia.ht
>> ml
>>
>> RSF had also reported the censorship along with other
>> media watchdogs and had called on the relevant
>> ministries in Ethiopia, but no reaction
>> so far.
>>
>> http://www.rsf.org/article.php3?id_article=17783
>>
>> We need to consider "Web Database to Fix Corrupt
>> Politicians" and urge the public to report whenever
>> politicians are seen wining and dining with
>> steak-holders while we, stakeholders, remain served on
>> their plates.
>>
>> http://www.wired.com/politics/law/news/2007/04/maplight
>>
>> Lastly, what is the point of e-government expenditure
>> when even simple government officials do not answer
>> emails? Unless a fundamental commitment to respond to
>> public email is visible, perhaps we should save all
>> than tax money for a better purpose.
>>
>> Otherwise, rushing passage of a patchwork bill will
>> not help Kenya much only to maintain and restrengthen
>> the status quo. We have also "performance contracts"
>> with our core work and we soon have to ask the
>> government to pay for our endless "consultative" time
>> results of which are deliberately left out of intended
>> documents.
>>
>> I have a suggestion to make why don't we all post our
>> wish list and present these to Gideo Moi - Chairman,
>> ICT committee. This way, the law makers conscience
>> will be awakened and we shall have better chances
>> challenging the law in courts later should the
>> lawmakers proceed to enact a law against the peoples
>> wishes?
>>
>> Purpose:
>>
>> 1. To read people's e-Kenya desires, readiness, and
>> awaken us all from ICT Bill apathy because while in
>> this state they will pass the law right under our
>> noses
>>
>> 2. To rekindle and influence ICT Bill discussion -
>> apathy will see a weak law pass right under our noses
>> 3. Enhance diversified list participation
>> 4. Innovative engagement - Wish lists are
>> non-committal so nobody (no flare-ups?)
>> 5. Question budgetary allocation trends (eg ICT Board
>> gets Sh140 million set-up but Sh70 million to actual
>> outsourcing???)
>>
>> So let us compile our wish list and deliver them to
>> Giden Moi and Hon. Kaparo.
>>
>> Alex Gakuru
>>
>> --- alice <alice at apc.org> wrote:
>>
>>
>>> For more than I can remember "stakeholders" in the
>>> ICT sector have been
>>> urging, lobbying, at times threatening government to
>>> do its job re;
>>> ensure a conducive policy and regulatory environment
>>> within which the
>>> sector can thrive and contribute to development and
>>> poverty eradication.
>>>
>>> The government has done just that, and more, the
>>> process of developing
>>> the ICT bill was and has been one of the most
>>> participatory policy
>>> making processes most of us had ever been involved
>>> in despite the
>>> initial set backs Re; secret ICT policy and bill.
>>>
>>> We have lagged behind our neighbors, Uganda and
>>> Tanzania because of our
>>> out of date legislative and regulatory regime and a
>>> lack of focus and
>>> coordination in addressing ICT challenges and
>>> opportunities.
>>>
>>> Now that the current government is clearly committed
>>> to removing
>>> barriers to ICT development there has been for the
>>> longest time the need
>>> to develop a comprehensive act and set of
>>> regulations driven by the
>>> input and commitment of all the groups and sectors
>>> who will be
>>> responsible for turning it into reality
>>>
>>> We now have a bill, which was presented to
>>> parliament for the first
>>> reading. Instead of condemning the bill in its
>>> entirety, we must work
>>> together to ensure that we have one that supports
>>> the growth of the
>>> sector and clearly links to all the other
>>> development issues.
>>>
>>> We have a one or two weeks to input into the process
>>> before it goes for
>>> second reading and the media sector needs to at
>>> least give the KCA
>>> amendment bill a chance.
>>>
>>> best
>>> alice
>>>
>>> Note: My comments are entirely personal and do not
>>> reflect any position of the organizations I am
>>> affiliated with.
>>>
>>>
>>>
>>>
>>>
>>>
>>> Rebecca Wanjiku wrote:
>>>
>>>> The last one week has been preoccupied with talk
>>>>
>>> of the media bill
>>>
>>>> (Media Council bill) and the implications it has
>>>>
>>> on the media.
>>>
>>>> i will therefore not dwell on the details about
>>>>
>>> monkeys and loaded
>>>
>>>> guns because the slogan-loaded tirades were traded
>>>>
>>> in public.
>>>
>>>> Beyond the media bill, there is the KCA (98)
>>>>
>>> amendment bill which went
>>>
>>>> through first reading last week.
>>>> But what are we hearing? It’s all about the media
>>>>
>>> and cross ownership.
>>>
>>>> The grievances the media has and how the
>>>>
>>> government wants to regulate
>>>
>>>> or gag it.
>>>> What about other aspects of ICT? Is the media
>>>>
>>> council bill wholly
>>>
>>>> wrong? How comes the KCA is not receiving as much
>>>>
>>> attention as it should?
>>>
>>>> Is there anything good in KCA that can be
>>>>
>>> preserved or worked on? What
>>>
>>>> about the voice of ICT stakeholders who may have a
>>>>
>>> divergent opinion.
>>>
>>>> The media prides itself as the agenda setter and
>>>>
>>> gate keeper in the
>>>
>>>> society; they say that whatever is written or
>>>>
>>> aired is the wish of the
>>>
>>>> people, that that’s all that you want to read. But
>>>>
>>> is it the case?
>>>
>>>> The next stop for the media is the high court,
>>>>
>>> challenging the
>>>
>>>> government on the bill. They have consulted a law
>>>>
>>> firm to file the suit.
>>>
>>>> But is the KCA all about media?
>>>> What is your take?
>>>>
>>>>
>>>> Tel. 254 720 318 925
>>>>
>>>> blog:http://beckyit.blogspot.com/
>>>>
>>>>
>>>>
>> ------------------------------------------------------------------------
>>
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>>>>
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>>>
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>>
>>>>
>> ------------------------------------------------------------------------
>>
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>>>>
>>>
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>>
>>
>>
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>
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