[kictanet] online discussion on The Kenya Communications ( Amendment ) Bill 2007 - introduction

[Muriuki Mureithi]

Colleagues 

As you are aware the Kenya Government has at last published the Kenya
Communications (Amendment) Bill  2007 . The purpose of the Bill published on
May 17th , 2007 ( world telecommunications day)    is to amend Kenya
Communications Act 1998 .   The structure of the bill as a follows; 

Clause 1 - 14 -  change of name,  new definitions,  ICT policy development
and promulgation , governance of the sector and constitution of the
regulator ,  fines  for contravention of  the act
Clause 15 - introduces  part IVA  on broadcasting services - regulation ,
licensing and revocation ,  and promotion of local content
Clause 16 -29 - enhances penalties of the contravention of the Act, reduce
the duration of  notice of a grant of licence, refusal to grant or
modification, exclude certain classes in  the notice of grant of licence 
Clause 30 
.	introduces part VIA on information technology  - legal recognition
of electronic communications, electronic records and electronic transactions
, offences
.	introduces part VIB  universal service fund  - establishment and
operationalisation
.	introduces part VIC  Fair competition and equal treatment -
definition of  dominant operator , investigation of unfair treatment 
clause  31 introduces  miscellaneous provisions on  National communications
secretariat,  establishment of the advisory councils ( content and universal
service), action in the occurrence  of an emergency, use of information by
an operator, service to CCK etc 
clause 33 introduces  two schedules 
.	fourth schedule - operation of advisory councils  - content and
advisory 
.	fifth schedule - transitional provisions  and proposes to repeal
other acts - Kenya broadcasting act,  penal code, evidence act , part VII
electronic records 


To understand  the implication of the  Bill , you need to  study the Kenya
Communications Act 1998  which is being repealed and the Bill itself . Once
enacted the governing law will be information and Communications Act and
will have far reaching implications  in the sector for the next decade or
so.  it is therefore important for stakeholders to study the document. 
 KICTAnet  facilitated a review of the Kenya Communications Act 1998 last
year using the  a draft bill prepared by the Ministry  of Infocom and
developed a report supported by the stakeholders.  This document   made a
number of  proposals  which were presented to the Permanent Secretary Dr
Bitange Ndemo. Some of the proposals  have been included in the Bill

As this Bill awaits discussion in parliament , KICTANet wants to facilitate
an informed  debate on the Bill ,  these comments are intended to support
the evolution of a law to make Kenya effective user of ICT for development
.I invite you to read the Kenya Communications Act 1998, the Kenya
Communications ( Amendment) Bill 2007 and the proposals by KICTANET as a
resource for your comments . The Act and the Bill are available at the
government printer   and meanwhile we are making arrangements to scan  have
all documents  hosted in a website for ease of access by end of Wednesday .
We start the online discussion on Thursday 7th and will start with    Clause
1-14  and follow the sequence . In the meantime , we welcome any comments on
the structure and the process of online discussion  between today and
Wednesday 6th 

Regards   
 

Muriuki Mureithi