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

Tue Jul 8 00:47:55 EAT 2008

I concur

On Mon, Jul 7, 2008 at 5:18 PM, Harry Hare <harry at africanedevelopment.org>
wrote:

> Dear all,
>
> IMHO in this day and age we should not be talking about "regulation" or
> "regulating" anything, this is concept that has been overtaken by events as
> we entered the information age characterised by abundance as opposed to
> scarcity. We should focus our efforts in "facilitation" and let the
> industry
> find its own equilibrium. At the end of the day, the boys will be separated
> from the men - apologies for not being a GSM (Gender Sensitive Man)
>
> Facilitative regards
> Harry
>
> -----Original Message-----
> From: kictanet-bounces+harry=africanedevelopment.org at lists.kictanet.or.ke
> [mailto:kictanet-bounces+harry <kictanet-bounces%2Bharry>=
> africanedevelopment.org at lists.kictanet.or.ke]
> On Behalf Of John Walubengo
> Sent: 07 July 2008 12:46
> To: harry at africanedevelopment.org
> Cc: secretariat at kif.or.ke; KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
>
> 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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-- 
Joseph Manthi
CEO
MEO Ltd
http://www.meoltd.com
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