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

Tue Jul 8 08:28:08 EAT 2008

Hi Alex,
 I agree with you that the Barcamp was a great achievement. We do need to do
a lot more to congratulate Skunkworks. May be Riaz can tell us how we can
scale things up? Innovation is a national theme. And so many people are now
involved. 

Kevit 

-----Original Message-----
From: kictanet-bounces+kevit=centurionsystemsltd.com at lists.kictanet.or.ke
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com at lists.kictanet.or.ke]
On Behalf Of Alex Gakuru
Sent: 08 July 2008 07:08
To: kevit at centurionsystemsltd.com
Cc: kictanet-lists
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya

There is so much work outstanding yet 
so many just want jobs and flashy titles
Fat salaries and untaxed allowances
Not that they will excel at the jobs
No! They will instead obstruct others
Use their high office appointments to
frustrate real workers and innovators
Then lobby for own private interests
Using the high offices just acquired

This is how I view issues these days:

1. Start with the politics on the subject
2. Study the motives of involved actors 
3. Then get to the details or proposals
(If there will be a need after, that is)

"Regulating" akin to "Controlling" is archic
Even the future of sector regulation changed.

"Regulating convergence, finding solutions to 
foster creativity and answering consumer fears 
about identity theft, fraud and the invasion 
of their privacy were central questions at the 
recent Organisation for Economic Co-operation 
and Development (OECD) ministerial meeting in 
Seoul, Korea."

Regulators future simplified to concentration 
on increasing competition,consumer protection;)

The "Seoul Declaration" signed by 39 governments 
and the European Union on 18 June was announced 
as a "roadmap for the future of the internet 
economy. The conference was held on 17-18 June.

<http://www.oecd.org/dataoecd/49/28/40839436.pdf>  

Civil Society background paper "Fueling Creativity, 
Ensuring Consumer and Privacy Protection, Building 
Confidence and Benefiting from Convergence."
<http://thepublicvoice.org/events/seoul08/cs-paper.pdf>

Skunkworks may not be a "Registered Association" but 
you bet it's value to us is 10x all others combined.

Looking back, one sees little, if any, consumer value 
proposition from most of already existing associations,
except their vocalness advancing "members interests" 

regards,

--- On Mon, 7/7/08, Harry Hare <harry at africanedevelopment.org> wrote:

> From: Harry Hare <harry at africanedevelopment.org>
> Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya
> To: alex.gakuru at yahoo.com
> Cc: secretariat at kif.or.ke, "'KICTAnet ICT Policy Discussions'"
<kictanet at lists.kictanet.or.ke>
> Date: Monday, July 7, 2008, 2:18 PM
> 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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> 
>       
> 
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