[kictanet] Legislation and Regulation for e-Commerce in Kenya
Brian Munyao Longwe
blongwe at gmail.com
Tue Jul 8 03:58:26 EAT 2008
Hi Harry,
Good to see your voice is back. (must have been the cold... ;-)
While I agree with your point certain discipilnes may see it fit to
establish self-regulatory structures and have those given legal
backing e.g. Information System/Security Auditors may want to protect
and streamline their "space" in order to provide consumers protection
against hack/fake/non-current auditors. This could even be something
as simple as keeping a register with the examining body that can be
cross-referenced by consumers and possibly even negotiating some basis
for striking off members for malpractice.
B
Sent from my iPhone
On 08 Jul 2008, at 12:18 AM, "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=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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