[kictanet] Legal Opinion by Haron Ndubi

[Gakuru Alex]

On Mon, Dec 29, 2008 at 7:08 PM, Bill Kagai <billkagai at gmail.com> wrote:

> In conclusion,, I would opine for two options:
>
> A). The President should be requested to expedite the decision on the Bill
> either way

>From a technology stakeholder perspective my considered opinion is
that it would be good to have the Bill signed ASAP.

Considering that three-quarters of global financial transactions take
place over the Internet, E-commerce enabled by this Bill translates
into a more globally competitive country-> more opoortunities and
incomes especially for the "Tandaa Generation". There'd much, much,
much time and room for too much historical culture of excessive and
bruising siasaring.

I believe the widespread poverty manifests the worst forms of violence
witnessed and an earlier fix stands better chances of avoiding future
repeats..

> B)The President should be requested to recall parliament earlier than March
> so as to deal with the outstanding business. This way, if he assents to the
> Bill, those members of parliament opposed to the Bill could use their
> privileged position to move amendment motions.

I recognise that all stakeholders have their right to call for
subsequent ammedments.

> c)The affected sectors opposed to the existence of section 88 of the 1998
> Act can move to the constitutional court and seek the judicial declaration
> that the section is unconstitutional thus it be repealed.
>
But remember that is not new. Section 88 has existed for the last 10
years and this option has/remains open.