[kictanet] Did the ICT Bill debate happen?

Fri Dec 19 14:17:47 EAT 2008

... and three against one!
Mike Eldon

From:
Catherine Adeya <elizaslider at yahoo.com>
To:
meldon at symphony.co.ke
Cc:
KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Date:
12/19/2008 02:14 PM
Subject:
Re: [kictanet] Did the ICT Bill debate happen?

Walu,

The show took place, I got it half-way but maybe it did not start at the 
time stipulated. The moderator was Kathleen Openda-Mvati and the panel 
were David Makali, Paul Muite and Hon. S. Pogisho. It was very heated....I 
must say.

Nyaki

From: John Walubengo <jwalu at yahoo.com>
To: elizaslider at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Friday, December 19, 2008 1:50:00 PM
Subject: Re: [kictanet] Did the ICT Bill debate happen?

Looks like I missed  it - any chance that the clip is online somewhere? On 
YouTube maybe? or somewhere else?

walu.

--- On Fri, 12/19/08, Brian Longwe <blongwe at gmail.com> wrote:

> From: Brian Longwe <blongwe at gmail.com>
> Subject: Re: [kictanet] Did the ICT Bill debate happen?
> To: jwalu at yahoo.com
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Date: Friday, December 19, 2008, 2:34 PM
> Methinks it did.
> 
> check out http://alkags.com/?p=172
> 
> Brian
> 
> On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo
> <jwalu at yahoo.com> wrote:
> 
> > Am not sure if the above happened...but someone has
> referred me to the
> > analysis from our very own Govt Spokesman - probably
> what the Minister/PS
> > whould have presented as the alternative view.
> Download and enjoy?
> >
> >
> http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
> >
> > walu.
> >
> > --- On Thu, 12/18/08, Wainaina Mungai
> <wainaina at madeinkenya.org> wrote:
> >
> > > From: Wainaina Mungai
> <wainaina at madeinkenya.org>
> > > Subject: Re: [kictanet] Comments on Bill Posted
> Online
> > > To: jwalu at yahoo.com
> > > Cc: "KICTAnet ICT Policy Discussions"
> <kictanet at lists.kictanet.or.ke>
> > > Date: Thursday, December 18, 2008, 6:05 PM
> > > Good points
> > >
> > >
> > > Word has it that the live debate @ NTV has been
> cancelled.
> > >
> > > Could Ndemo confirm this for us?
> > >
> > > Is it true that the Minister pulled out?
> > >
> > > Wainaina
> > >
> > >
> > >
> > >
> > >
> > >
> > > On Thu, Dec 18, 2008 at 4:48 PM, Monica
> Kerretts-Makau
> > > <mkmakau at yahoo.co.uk>wrote:
> > >
> > > >  I probably come in late to the foray of the
> > > discussion,  but am not in
> > > > the country and could not get my hands on
> the right
> > > copy. Thanks for posting
> > > > it online Dr. Ndemo and team.  My comments
> to the bill
> > > and as also assisted
> > > > a legal friend,
> > > >
> > > > 1. This is not a media bill as many have led
> everyone
> > > to believe.  It is a
> > > > Kenya Communications (Amendment) Bill 2008.
> > > >
> > > > 2. The bill proposes to amend the Kenya
> Communications
> > > Act 1998 as
> > > > hereunder (this is in a nutshell of course):
> > > >
> > > > 1.      Enhancing the regulatory mandate by
> allowing
> > > for the regulation of
> > > > broadcasting content (this covers only
> electronic
> > > media and not print media)
> > > >
> > > > 2.      Providing for the recognition and
> licensing of
> > > a ccTLD registrar
> > > >
> > > > 3.      Providing recognition for electronic
> > > transactions including
> > > > e-contracting, digital signatures as well as
> propose
> > > amendments to existing
> > > > legislation e.g. the evidence act allowing
> for
> > > submission of digital copies
> > > > evidence, recognition of e-crimes in the
> penal code
> > > etc.
> > > >
> > > >
> > > > The bill mentions nothing, as far as the
> government
> > > shutting down media
> > > > freedoms is concerned.
> > > >
> > > > What the media are up in arms about and
> misleading
> > > every right-thinking
> > > > Kenyan is the provisions of the current
> section 88 of
> > > the Kenya
> > > > Communications Act, which provides for the
> powers of
> > > the minister for
> > > > internal security on the occurrence of any
> public
> > > emergency or in the
> > > > interest of public safety and tranquility.
> > > >
> > > > The section allows the minister to take
> temporary
> > > possession of any
> > > > telecommunications or radio communications
> apparatus
> > > on the occurrence of
> > > > such an emergency. This action by the
> Minister is only
> > > allowed pending the
> > > > existence of the emergency. It also provides
> that any
> > > person aggrieved by
> > > > the actions of the minister herein may
> appeal to the
> > > High Court and obtain
> > > > compensation the refrom.
> > > >
> > > > *So the draft amendment bill does not
> mention anything
> > > about section 88,
> > > > i.e. it is not being amended.*
> > > >
> > > > *THE QUESTION WE NEED TO ASK IS DO WE WANT
> THE CURRENT
> > > SECTION 88 IN THE
> > > > CURRENT COMMUNICATIONS ACT INCLUDED IN THE
> > > COMMUNICAITONS AMMENDED BILL? IF
> > > > SO, SHOULD SECTION 88 BE DELETED OR CHANGED?
> > > > *
> > > > Of course the debate as to whether it should
> be
> > > deleted is ongoing, and
> > > > the media are no exemption. But this is a
> saving
> > > provision of any
> > > > communication regulation legislation to
> allow
> > > Government to take steps to
> > > > deal effectively with the emergency or
> alternatively
> > > stop such networks
> > > > being used incase of an insurgency in a
> country etc.
> > > (No doubt of course the
> > > > debate rages on because history has
> evidenced the
> > > tendencies/choices made by
> > > > African governments)
> > > >
> > > > *What is evident is that there is a notion
> that the
> > > current communications
> > > > amendment bill includes section 88, which
> currently is
> > > in the communications
> > > > Act NOT THE CURRENT COMMUNICATIONS
> AMMENDMENT BILL.
> > > > *
> > > >
> > > > I agree with a live television broadcast *if
> only to
> > > explain what it is
> > > >  and what it is not *AND probably allow the
> debate to
> > > really take place
> > > > country wide as it should have prior to it
> going to
> > > parliament.
> > > > *
> > > > PS: (*I hope its aired on NTV OR KTN for
> those of us
> > > not in the country
> > > > and can only access it via DSTV NTV OR KTN).
> > > >
> > > >
> > > > Best regards,
> > > >
> > > > Dr. Monica Kerretts-Makau
> > > >
> > > >
> > > >
> > > > On 16/12/08 2:22 AM, "Edith Adera"
> > > <eadera at idrc.or.ke> wrote:
> > > >
> > > > > Dr Ndemo,
> > > > >
> > > > > Thanks for posting excerpts of the bill
> online
> > > (sections 46 and 88). We
> > > > should
> > > > > actually have the FULL version of the
> bill (as
> > > presented to parliament)
> > > > > available online, although this would
> be
> > > accessible to the privileged
> > > > with
> > > > > Internet access how about the masses?
> What
> > > happened to "our right to
> > > > know"?
> > > > >
> > > > > I've carefully read through these
> sections of
> > > the bill and have some
> > > > comments:
> > > > >
> > > > > 1. Apart from the gender Insensitivity
> of this
> > > clause "46Q b) that person
> > > >
> > > > > provides broadcasting services in an
> area for
> > > which HE is not licensed to
> > > >
> > > > > broadcast;", I've some
> substantive
> > > comments here below:
> > > > >
> > > > > 2. Section "46K The Minister may,
> in
> > > consultation with the Commission,
> > > > make
> > > > > regulations generally with respect to
> all
> > > broadcasting services and
> > > > without
> > > > > prejudice to the generality of the
> foregoing,
> > > with respect to- (c)
> > > > mandating
> > > > > the carriage of content, in keeping
> with public
> > > interest obligations,
> > > > across
> > > > > licensed broadcasting services; (d)
> prescribing
> > > anything that may be
> > > > > prescribed under this Part.
> > > > >
> > > > > Comment: I worry about the unspecified
> powers to
> > > prescribe content and
> > > > > "anything that may be
> prescribed" by
> > > the Minister – given our past, what
> > > > are
> > > > > the implications?. who makes
> regulation? Minister
> > > or Regulator?
> > > > >
> > > > > 3. section "46H (1) The Commission
> shall
> > > have the power to set standards
> > > > for
> > > > > the manner, time, and type of
> programmes to be
> > > broadcast by licensees
> > > > under
> > > > > this Act."
> > > > >
> > > > > Comment – might this limit creativity
> and
> > > public opinion type programming
> > > > that
> > > > > allows free speech?
> > > > >
> > > > >  I've concerns about this section
> below:
> > > > >
> > > > > 4. Section "88.(1) On the
> declaration of any
> > > public emergency or in the
> > > > > interest of public safety and
> tranquility, the
> > > Minister for the time
> > > > being
> > > > > responsible for Internal Security may,
> by order
> > > in writing, direct any
> > > > officer
> > > > > duly authorized in that behalf, to take
> temporary
> > > possession of any
> > > > > telecommunication apparatus or any
> radio
> > > communication station or
> > > > apparatus
> > > > > within Kenya, and –
> > > > > (b) in the case of telecommunication,
> that any
> > > communication within Kenya
> > > > from
> > > > > any person or class of persons relating
> to any
> > > particular subject shall
> > > > be
> > > > > intercepted and disclosed to such
> person as may
> > > be specified in the
> > > > direction;
> > > > > (c) in the case of postal services,
> that any
> > > postal article or class or
> > > > > description or postal article in the
> course of
> > > transmission by post
> > > > within
> > > > > Kenya shall be intercepted or detained
> or shall
> > > be delivered to any
> > > > officer
> > > > > mentioned in the order or shall be
> disposed of in
> > > such manner as the
> > > > Minister
> > > > > may direct."
> > > > >
> > > > > Comment: what constitutes
> "interest of
> > > public safety and tranquillity" –
> > > > this
> > > > > is subject to abuse and personal
> discretion. It
> > > worries me that free
> > > > speech
> > > > > could be limited and privacy preached
> on any
> > > subject – e.g. complaining
> > > > about
> > > > > high fuel costs, food crisis, impunity
> etc etc. I
> > > do not know about you,
> > > > but
> > > > > the last ban on live coverage created a
> sense of
> > > personal insecurity,
> > > > > isolation and denied persons their
> "right to
> > > know" and the subsequent
> > > > threats
> > > > > of prosecution did not make things any
> better.
> > > What are the chances of
> > > > abuse
> > > > > in this clause?
> > > > >
> > > > > Lets remember that these laws will not
> only serve
> > > today but future
> > > > generations
> > > > > with different leaders.
> > > > >
> > > > > Edith
> > > > >
> _______________________________________________
> > > > > kictanet mailing list
> > > > > kictanet at lists.kictanet.or.ke
> > > > >
> > >
> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
> > > > >
> > > > > This message was sent to:
> mkmakau at yahoo.co.uk
> > > > > Unsubscribe or change your options at
> > > > >
> > > >
> > >
> >
> 
http://lists.kictanet.or.ke/mailman/options/kictanet/mkmakau%40yahoo.co.uk
> > > >
> > > >
> > > > ..............................
> > > > "*As we look ahead into the future,
> Leaders will
> > > be those who empower
> > > > others" Bill Gates
> > > > E-environment cost saving: Please print this
> email and
> > > or any attachment
> > > > only if you have to. *
> > > >
> > > >
> _______________________________________________
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> > >
> >
> 
http://lists.kictanet.or.ke/mailman/options/kictanet/wainaina%40madeinkenya.org

> > > >
> > > >
> > >
> > >
> > > --
> > > ---
> > > http://www.bungesms.com
> > >
> > > TWITTER - http://www.twitter.com/bungesms
> > >
> > > KABISSA.org -
> > >
> http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
> > >
> > > KAMPALA Workshop presentation -
> > >
> >
> 
http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaNetwork.pdf

> > > _______________________________________________
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> >
> >
> >
> >
> > _______________________________________________
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> 
> 
> 
> -- 
> Brian Munyao Longwe
> e-mail: blongwe at gmail.com
> cell:  + 254 722 518 744
> blog : http://zinjlog.blogspot.com
> meta-blog: http://mashilingi.blogspot.com

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