[kictanet] Legislation and Regulation for e-Commerce in Kenya
waudo siganga
emailsignet at mailcan.com
Tue Jul 8 13:54:39 EAT 2008
Hello Kevit - I think one needs to be careful when handling KEPSA
and KIF at the same time. Do not use your foothold in KEPSA to
promote KIF at the expense of other associations. The explanation
is very simple: KEPSA was formed as a focal point, a bringing
together characterised by INCLUSIVITY. KIF on the other hand is
an independent association and the nature of such an association
is EXCLUSIVITY (through membership mechanism). I would like to
see the promotion of more associations on the KEPSA ICT Board,
not just KIF. Please give us space.
Waudo
On Tue, 8 Jul 2008 11:07:07 +0300, "Kevit Desai" <kevit at centurionsystemsl
td.com> said:
Hi Alex,
KEPSA (info at kepsa.or.ke): private sector policy body with its own
governance structure. Elected as a director in private capacity
and as KIF vice chairman.
KIF (secretariat at kif.or.ke): membership-based industry
association, member of KEPSA’s ICT section. Elected as
vice-chairman.
Centurion Systems Ltd: (www.centurionsystemsltd.com) private
company, director, member of KIF.
Director of Engineering - Centurion Systems Ltd
Chairperson IEEE - Kenya Section
Chairperson – Engineering Students Exhibition
Governor - KEPSA
Director - KEPSA
Director - Innovation Africa
Director- Kenya ICT Board
Vice Chairman - Kenya ICT Federation
BOA - AIESEC
Member - National Strategy for University Education
Co-ordinator - Growing Sustainable Business(GSB)-UNDP Kenya
General Co-Chair - Africon 2009
2nd Fl, New Rehema Hse,
Raphta Rd
, Westlands -Nairobi
P.O. BOX 66031 - 00800 Nrb.
Tel:+254 20 4440102/3 Fax: +254 20 4440104 CDMA: 020 2049750
Mobile: +254 722 517067
http://www.centurionsystemsltd.com
http://www.ieee.org
http://www.engineeringexhibition.co.ke
http://www.innovation-africa.net
http://www.kepsa.or.ke
http://www.powerup.co.ke
http://www.aiesec.org
http://www.africon2007.co.za
http://www.kif.or.ke
htpp://www.ict.go.ke
http://www.globalcompact.org
http://www.undp.org/business/gsb
-----Original Message-----
From: waudo siganga [mailto:emailsignet at mailcan.com]
Sent: Monday, July 07, 2008 9:40 PM
To: kevit desai
Cc: secretariat at kif.or.ke; 'KICTAnet ICT Policy Discussions'
Subject: RE: [kictanet] Legislation and Regulation for e-Commerce
in Kenya
Hello Kevit - Since you sent this message to KICTANET I can
answer it on
the same forum. I think the picture being painted about a rosy
situation
including "collaboration" is simply not true. The reason to be
frank is
that there a few in your KIF who do not want any other
association to
have a voice in KEPSA or to interact with Government. Could you
as a
KEPSA director ensure that all interested associations including
the
major ones not in KIF are allowed room to contribute in KEPSA? It
can be
sad if you mis-use your position in KEPSA only to promote KIF and
crack
down on those you feel are in the way.
Waudo
On Mon, 7 Jul 2008 21:02:31 +0300, "kevit desai"
<kevit at centurionsystemsltd.com> said:
> Hi Walu,
> Associations are welcome to be members of KEPSA. I would like
to confirm
> that the KEPSA/KIF relationship is vibrant. We would like to
do a lot
> more
> and welcome more support.
> We appreciate Waudo's contributions at our last ministerial
stakeholder
> forum.
> Collaboration is the way forward.
>
> Kevit Desai
> KEPSA Director
>
>
> -----Original Message-----
> From:
kictanet-bounces+kevit=centurionsystemsltd.com at lists.kictanet.or.
ke
>
[mailto:kictanet-bounces+kevit=centurionsystemsltd.com at lists.kict
anet.or.ke]
> On Behalf Of waudo siganga
> Sent: 07 July 2008 19:02
> To: kevit at centurionsystemsltd.com
> Cc: secretariat at kif.or.ke; KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Legislation and Regulation for
e-Commerce in
> Kenya
>
> Hi Walu - I am catching you loud and clear on GPRS somewhere in
the
> bush. I did bring out the issue of regulating the IT (or ICT)
Profession
> on this list a few months ago. But the rather unenthusiastic
response I
> got gave me the sense that possibly this was not the correct
list since
> many of the subscribers appear just interested in ICT Policy
rather than
> being actual IT Experts. Within the next two weeks there will
be another
> list for professionals and you will be informed (you have the
> qualifications, don't you??). We are pushing for a registration
board
> like thise done last yeaer for nutritionists and Procurement
> Practitioners. There is a lot of work going on unheralded. All
we need
> is a champion or chanpions in the right place.
> Waudo
>
>
> On Mon, 7 Jul 2008 02:45:53 -0700 (PDT), "John Walubengo"
> <jwalu at yahoo.com> said:
> > 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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