[kictanet] Legislation and Regulation for e-Commerce in Kenya

Mon Jul 7 15:14:58 EAT 2008

Hi Walu,

Just to add to your list of possible stakeholders, there is the Kenya
Business Process Outsourcing and Contact Centre Society (
http://www.kenyabposociety.com/  and Business Incubation Association of
Kenya  see www.biak-kenya.org

What all these Societies/Associations/Federations may lack is an umbrella
body. However, GoK, through the Ministry of Information and Communication
(on policy) and say Kenya ICT Board (on implementation) not forgetting CCK
(on regulation) can be prodded further to do the needfull. CCK is not really
about suppression but creating a level playing field for players....more
like a refree, ideally.  It would not be prudent if the regulator attempted
abdicating its role (of a midwife) by doubling up as a parent.

KEPSA has KIF as one of its arms and hence in a way they are one and the
same, albeit, KIF being the specialized organ on ICT issues while KEPSA is
the umbrella body for all private players.

Otwoma

On Mon, Jul 7, 2008 at 12:45 PM, John Walubengo <jwalu at yahoo.com> wrote:

> Marcel,
>
> It looks like quite some work has been ongoing in this area...unfortunately
> it seems as if it was restricted within KIF only?  I wonder if Computer
> Society of Kenya (CSK, Waudo r u there?) or Information Security Audit &
> Control (ISACA-Kenya Chapter) just to mention some of the big IT
> Associations in Kenya were involved. I beg to be enlightened.
>
> This brings in an old question - who really represents the IT Profession in
> Kenya?  Shem has been on record as saying that IT is the only discipline
> where we seem to lack bodies with the same authority as LSK (Law Society of
> Kenya), IEK (Institute of Engineers of Kenya), Medical Practictioners Board
> amongst others to regulate the IT Profession.
>
> And by the way, KICTAnet does not fit the bill either  (and has a different
> objective anyway).  But time has come to really start thinking of regulating
> the IT profession, even as we struggle to regulate the industry...Ideally,
> CSK should take the lead on this, but they have been awfully quite except
> when they award prizes at the end of the year (Waudo I know u will kill me
> offline but I just had to say it!).
>
> KEPSA? very reputable and effective particularly in the Manufacturing
> sector but on IT? am not sure they have been as effective - particularly
> because the link between KEPSA/KIF and the IT industry has been 'cloudy' for
> lack of a better word...Can for example CSK or ISACA  be part of KEPSA
> without being part of KIF? I again need to be enlightened.
>
> O.K. I agree I did digress, but just thinking loudly and saying that as we
> think of regulating electronic transactions, we also need to simultaneously
> start regulating the IT profession..but maybe I am wrong. Particularly
> because regulation can and often leads to suppression...
>
> walu.
> --- On Sun, 7/6/08, Marcel Werner <marcelcwerner at gmail.com> wrote:
>
> > From: Marcel Werner <marcelcwerner at gmail.com>
> > Subject: [kictanet] Legislation and Regulation for e-Commerce in Kenya
> > To: jwalu at yahoo.com
> > Cc: secretariat at kif.or.ke, "KICTAnet ICT Policy Discussions" <
> kictanet at lists.kictanet.or.ke>
> > Date: Sunday, July 6, 2008, 6:43 PM
>  > Legislation and Regulation for e-Commerce in Kenya
> >
> > Kenya ICT Federation (KIF) - Briefing Note # 3  - Report -
> > Public Panel 19
> > June 2008
> >
> > *Electronic commerce (e-commerce) will add at least one
> > percent point growth
> > to Kenya's overall economic growth within five years.
> > This is contingent
> > upon the adoption of legislation that supports electronic
> > transactions. *Kenya,
> > as an emerging economy and regional leader, lags behind in
> > having a legal
> > framework for e-commerce in place. The current situation is
> > an anachronism
> > hampering national development, placing provincial centres
> > at a
> > disadvantage, and harming global competitiveness. Both
> > external and internal
> > trade require the new framework.The Kenyan private sector
> > strongly supports
> > e-commerce legislation, as well as legislation of the
> > Information and
> > Communication Technology sector that guarantees an open
> > market and promotes
> > innovation.
> >
> > Why e-commerce law? Today, legislation supporting
> > electronic transactions
> > represents the single most powerful innovation opportunity
> > in the legal
> > framework of the ICT sector. Legislation is needed to:
> > -Legalize e-commerce transactions by recognizing an
> > electronic signature
> > -Manage and control e-commerce risks
> > -Remove e-commerce barriers
> > KIF has studied drafts currently circulating in the public
> > domain, the
> > Information and Communications Bill, 2008, and the
> > Electronic Transactions
> > Bill, 2007, respectively, both of which are of the highest
> > technical
> > standards. Public panels and hearings with sectors of the
> > economy (including
> > tourism, agriculture, ICT) have been held on 6th and 27th
> > May, 4th June and
> > 19th June. The Kenyan private sector has expressed
> > overwhelming support for
> > urgent legislation of e-commerce.
> >
> > Suggested improvements in Bills - The public panels and
> > hearings to date
> > have yielded the following important issues for improvement
> > in the current
> > Bills:
> >
> > -          Provisions on who can prosecute are missing
> >
> > -          Liability of Internet Service Providers must be
> > demarcated
> >
> > -          Clarification on which commercial documents are
> > excluded from
> > proposed legislation
> >
> > -          Eliminate any ambiguity on admissibility of
> > electronic evidence
> >
> > -          Need for data protection and privacy provisions
> >
> > -          The Bills are more lenient on e-commerce fraud
> > than on
> > traditional fraud
> >
> > -          Remove inconsistencies in determining crimes and
> > punishments
> >
> > -          Provisions for the inclusion of cyber-crime
> > within the scope of
> > the Extradition Act
> >
> > -          Creation of an Administrator for e-commerce laws
> > whose functions
> > will be policy implementation and advisory, as a
> > multi-sectoral body with
> > industry associations including KIF, lead regulator
> > Communications
> > Commission of Kenya and co-regulator Central Bank of Kenya
> >
> > Gains in tourism, agriculture, healthcare
> >
> > Industry sectors, notably the tourism industry, are
> > expressing their desire
> > to see e-commerce covered by law. In tourism, on-line
> > travel bookings have
> > exceeded 80% in the USA and 50% in Europe. Decline in
> > off-line bookings is
> > in ample evidence. Those destinations that cannot legally
> > support abundant
> > on-line booking, such as Kenya, will loose market share.
> > E-commerce in
> > agriculture will improve small-holder's living
> > standards. Great impact is
> > expected notably in the coffee sector that provides
> > livelihood to at least 5
> > million Kenyans, as well as in the dairy industry.
> > Healthcare efficiency and
> > affordability will improve by on-line health data
> > management systems.
> > Business operators in rural towns and rural centres have
> > also expressed keen
> > interest, as they see scope to address issues of trade
> > efficiency and
> > security in rural Kenya.
> >
> > What is e-commerce
> >
> > E-commerce is a method of trading that replaces paper-based
> > documentation by
> > a mutually binding electronic protocol between buyers and
> > sellers.
> > E-commerce is gaining ground globally and has become an
> > irreversible trend.
> > Many trading partners are already practicing e-commerce, by
> > mutual
> > agreement, also in Kenya. However, e-commerce will reach
> > its full potential
> > when parties that do not know each other are able to trade
> > with full mutual
> > protection under the law. This will benefit large numbers
> > of consumers and
> > businesses, including small-holder farmers, tourism
> > operators, small-scale
> > industry and services providers in almost any business
> > sector.
> >
> > About KIF
> >
> > The Kenya Information and Communication Technology
> > Federation (KIF)
> > represents the ICT industry with Government and with
> > private sector bodies
> > e.g. Kenya Association of Manufacturers and Kenya Private
> > Sector Alliance
> > KEPSA <http://www.kepsa.org/>. KIF is a legally
>  > registered membership based
> > Association, made up of trade associations and professional
> > bodies within
> > the national ICT industry, as well as commercial
> > corporations. KIF has been
> > accepted as the private sector voice of ICT by Government.
> > KIF contributes
> > ideas to key sectors like healthcare, education,
> > agriculture, construction
> > industry, and last but not least supports e-government
> > development. KIF is a
> > membership-driven organisation. Members bring issues on
> > public policy and
> > industry development forward for KIF to take action. Issues
> > include:
> > innovation promotion, education improvement, duties, taxes
> > and levies, rural
> > ICT investment. KIF has a strong and active network, with
> > excellent
> > relationships with all government agencies. KIF membership
> > is open for
> > market segment associations and individual companies.
> > Membership charges are
> > annual and based on company size. Contact:
> > secretariat at kif.or.ke, 020
> > 4440102
> > MARCEL WERNER, Chairman, Kenya ICT Federation
> >
> > please send any business mail to:
> >
> Marcel.Werner at innovation-africa.or.ke_______________________________________________
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> >
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>
>
>
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-- 
David Otwoma,
Chief Science Secretary,
National Council for Science and Technology,
Utalii House 9th Floor,
Mobile tel: +254 722 141771,
Office tel: +254 (0)20 2346915,
P. O. Box 29899 - 00100, Nairobi, Kenya
email: otwomad at gmail.com & otwoma at ncst.go.ke
www.ncst.go.ke
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