[kictanet] Legislation and Regulation for e-Commerce in Kenya
Josiah Mugambi
jmugambi at gmail.com
Mon Jul 7 20:15:09 EAT 2008
Hi Waudo,
There's the skunkworks email
list<http://ole.kenic.or.ke/mailman/listinfo/skunkworks>which is
mostly made up of technology professionals and enthusiasts. ICTS
regulation/standards has come up more than once for discussion on the list
(Aside: My first post on KICTANET)
Regards
Josiah
On Mon, Jul 7, 2008 at 7:01 PM, waudo siganga <emailsignet at mailcan.com>
wrote:
> Hi Walu - I am catching you loud and clear on GPRS somewhere in the
> bush. I did bring out the issue of regulating the IT (or ICT) Profession
> on this list a few months ago. But the rather unenthusiastic response I
> got gave me the sense that possibly this was not the correct list since
> many of the subscribers appear just interested in ICT Policy rather than
> being actual IT Experts. Within the next two weeks there will be another
> list for professionals and you will be informed (you have the
> qualifications, don't you??). We are pushing for a registration board
> like thise done last yeaer for nutritionists and Procurement
> Practitioners. There is a lot of work going on unheralded. All we need
> is a champion or chanpions in the right place.
> Waudo
>
>
> On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
> <jwalu at yahoo.com> said:
> > 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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>
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--
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