[kictanet] Legislation and Regulation for e-Commerce in Kenya
John Walubengo
jwalu at yahoo.com
Tue Jul 8 14:54:43 EAT 2008
I agree with Waudo, in my other life, I sit on the ISACA-Kenya Board (but do i say ;-) which has over 300 Certified Information Systems Auditors (CISA) and around 30 Certified Information Security Managers (CISM) - all local talent/Kenyans.
And even though the points KIF has made with regard to the e-Transaction/ICT Bill are valid, they probably would have had the benefit/input of the ISACA membership - particularly in this area of info-security.
I think SKisonzo summarised this thread very well - we may need an overarching professional body on IT (I left out the 'C' i.e. communication since the Engineers and Media people seem to have sorted themselves out with their own bodies) to self-regulate the profession as well as engage government - inclusively. Whether this can be done through KIF, KEPSA, or otherwise, that maybe a discussion for another day/forum.
am done.
walu.
--- On Tue, 7/8/08, waudo siganga <emailsignet at mailcan.com> wrote:
> From: waudo siganga <emailsignet at mailcan.com>
> Subject: Re: [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: Tuesday, July 8, 2008, 2:54 PM
> 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____________________________
> ___________
>
> > ________
>
> > > > kictanet mailing list
>
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>
> > > >
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>
> > > >
>
> > > > This message was sent to: jwalu at yahoo.com
>
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> > >
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> > >
>
> > >
>
> > >
>
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>
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>
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