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

[Joseph Manthi]

Brian and Waudi:
But ICT is not medicine, and no life is at stake here even though the
medical and chemical practitioners - read chemists - would want us to
believe it is so. Why do we want to suffocate the baby before it is born?

If Kenya wants to compete with India and other countries in ICT, I urge you
guys to leave the industry alone. This is akin to what CCK is doing to the
telecommunications industry. They want to license people who can connect
cables. How much knowledge does one need to connect an RJ45 cable to a PC?
Likewise do we need to license PHP programmers? Will this give us the sense
of security that we have the best programmers working today just because
they have a license saying so? Need I dwell on my experience hiring MS
licensed engineers and what I think about those MSCEs etc?

My teachers used to say "think twice before you leap". This is a case where
this adage needs to be heeded. There is the concept of collateral damage and
an intended consequences. Please contemplate those.

Joe

On Mon, Jul 7, 2008 at 1:19 PM, Brian Munyao Longwe <blongwe at gmail.com>
wrote:

> 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_______________________________________________
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> >>>
> >>>
> >>>
> >>>
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> >>
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> > (Confucius).
> >
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-- 
Joseph Manthi
CEO
MEO Ltd
http://www.meoltd.com
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