[kictanet] Legislation and Regulation for e-Commerce in Kenya
waudo siganga
emailsignet at mailcan.com
Mon Jul 7 20:29:07 EAT 2008
Hi Brian - I have not gotten any point from you yet - we are talking of
regulation and registration and I only know of one "Medical
Practitioners and Dentists Registration Board". What are you actually
trying to say my friend of many years??
Waudo
On Mon, 7 Jul 2008 20:19:10 +0300, "Brian Munyao Longwe"
<blongwe at gmail.com> said:
> Very correct Waudi. That's why we have Paediatrics Association, a
> Pyschiatrics Association, a Dental Board, an Obstetrics Society. You
> have gotten the point clearly.
>
> Asante sana!
>
> B
>
> Sent from my iPhone
>
> On 07 Jul 2008, at 7:54 PM, "waudo siganga" <emailsignet at mailcan.com>
> wrote:
>
> > Brian - I do not know what you are saying. The medical field, as
> > another
> > example, is wide and diverse - we have heart surgeons, ENT
> > specialists,
> > paeditricians, general practitioners, gynacologists, etc, etc. Are
> > these
> > people the same? Would you go to a gynacologist to solve your eye
> > ailment? OK, let us forget about regulating or registering doctors. To
> > wide, large and deep.
> >
> > Waudo
> > On Mon, 7 Jul 2008 19:00:54 +0300, "Brian Longwe" <blongwe at gmail.com>
> > said:
> >> Hi Walu,
> >>
> >> I beg to differ. ICT is too large, too deep and too wide to have a
> >> single, authoritative, representative body. What you refer to would
> >> probably be more appropriate to some of the professional disciplines
> >> within the ICT sector e.g. Software Developers Guild, System
> >> Administrators Association, CIO/CTO Society - within which there can
> >> be certain codes of behavior, ethics, values, best practices etc...
> >>
> >> I would venture to suggest that ICT is very similar to the auto
> >> industry - which is made up of so many different types of
> >> stakeholders
> >> (from multi-national vendors like GM to Owino my jua-kali fundi and a
> >> plethora of linkages across insurance, finance, property, transport
> >> etc...)
> >>
> >> Not that I intend to put your suggestions down - but to request a
> >> slightly broader view of the animal called ICT.
> >>
> >> To illustrate this point I will wax poetic and share with you the
> >> following poem by John Godfrey Saxe ( 1816-1887)
> >>
> >> The Blind men and the Elephant
> >>
> >> It was six men of Indostan
> >> To learning much inclined,
> >> Who went to see the Elephant
> >> (Though all of them were blind),
> >> That each by observation
> >> Might satisfy his mind.
> >>
> >> The First approach'd the Elephant,
> >> And happening to fall
> >> Against his broad and sturdy side,
> >> At once began to bawl:
> >> "God bless me! but the Elephant
> >> Is very like a wall!"
> >>
> >> The Second, feeling of the tusk,
> >> Cried, -"Ho! what have we here
> >> So very round and smooth and sharp?
> >> To me 'tis mighty clear
> >> This wonder of an Elephant
> >> Is very like a spear!"
> >>
> >> The Third approached the animal,
> >> And happening to take
> >> The squirming trunk within his hands,
> >> Thus boldly up and spake:
> >> "I see," quoth he, "the Elephant
> >> Is very like a snake!"
> >>
> >> The Fourth reached out his eager hand,
> >> And felt about the knee.
> >> "What most this wondrous beast is like
> >> Is mighty plain," quoth he,
> >> "'Tis clear enough the Elephant
> >> Is very like a tree!"
> >>
> >> The Fifth, who chanced to touch the ear,
> >> Said: "E'en the blindest man
> >> Can tell what this resembles most;
> >> Deny the fact who can,
> >> This marvel of an Elephant
> >> Is very like a fan!"
> >>
> >> The Sixth no sooner had begun
> >> About the beast to grope,
> >> Then, seizing on the swinging tail
> >> That fell within his scope,
> >> "I see," quoth he, "the Elephant
> >> Is very like a rope!"
> >>
> >> And so these men of Indostan
> >> Disputed loud and long,
> >> Each in his own opinion
> >> Exceeding stiff and strong,
> >> Though each was partly in the right,
> >> And all were in the wrong!
> >>
> >> MORAL.
> >>
> >> So oft in theologic wars,
> >> The disputants, I ween,
> >> Rail on in utter ignorance
> >> Of what each other mean,
> >> And prate about an Elephant
> >> Not one of them has seen!
> >>
> >> Sent from my iPhone
> >>
> >> On 07 Jul 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_______________________________________________
> >>>> kictanet mailing list
> >>>> kictanet at lists.kictanet.or.ke
> >>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>>>
> >>>> This message was sent to: jwalu at yahoo.com
> >>>> Unsubscribe or change your options at
> >>>> http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%
> >>>> 40yahoo.com
> >>>
> >>>
> >>>
> >>>
> >>> _______________________________________________
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> >>>
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> >>
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> > People make a plan work, a plan alone seldom makes people work
> > (Confucius).
> >
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