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

kevit desai kevit at centurionsystemsltd.com
Wed Jul 9 12:50:59 EAT 2008


Hi Alex,

I'm pleased to clarify as much as I can.

Kepsa has an open membership of PRIVATE sector industry and market segment
associations in almost all economic sectors. Independence: KEPSA decisions
are dependent on members wishes, and members are drawn from the private
sector. In fact, NGO's are not approached for membership in KEPSA, neither
are government bodies including parastatals. KIF follows the same approach
for membership and decision-making. No NGO's and government agencies are
member ofn KIF. However, KEPSA and KIF consult on a REGULAR BASIS with all
those stakeholders. Having said that, KEPSA and KIF have no obligation to
offer service to non members.

Hopefully this helps to clarify. Do get in touch with Sam Mwaura of KEPSA or
Marcel Werner of KIF.


Kevit 
 

-----Original Message-----
From: Alex Gakuru [mailto:alex.gakuru at yahoo.com] 
Sent: 09 July 2008 04:45
To: kevit desai
Cc: kictanet-lists
Subject: Re: [kictanet] Legislation and Regulation for e-Commerce in Kenya

Kevit,


How does KEPSA and KIF governance relate ensuring decisions independence?
The political issue here may be monopolization to the extent of clouding out
other actors thereby generating conflict. The Motive Theory steps in.

We investigate the effects of competition on subjects' attitude towards
cooperation. Three groups face three economic environments with different
degrees of competition, from a benchmark case with no competition at all up
to a perfect competition case. Subjects contribute generously to a public
project in the absence of competition, whereas they contribute very little
in the presence of a maximum degree of competition. A diminishing attitude
towards cooperation clearly emerges as the degree of competition increases.
Therefore, if cooperation does enhance well-being, the maximum degree of
competition may be not efficient.

<http://www.sciencedirect.com/science/article/B6W5H-4N0GDV1-1/2/fb32f4c6e9ba
6a6f51d7da9d40d806eb>

react.
    

--- On Tue, 7/8/08, kevit desai <kevit at centurionsystemsltd.com> wrote:

> From: kevit desai <kevit at centurionsystemsltd.com>
> 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: Tuesday, July 8, 2008, 1:14 PM
> Hi Waudo,
> 
> As the director of KEPSA  I welcome CSK and any other
> association to full
> membership of KEPSA. We look forward to a meaningful
> partnership.
> 
>  
> 
>  
> 
> Kevit Desai
> 
>  
> 
>  
> 
>  
> 
>   _____  
> 
> From: waudo siganga [mailto:emailsignet at mailcan.com] 
> Sent: 08 July 2008 13:55
> 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 - 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 centurionsystemsltd.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.kictanet.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
> 
> > > > kictanet at lists.kictanet.or.ke
> 
> > > >
> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
> 
> > > > 
> 
> > > > 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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> People make a plan work, a plan alone seldom makes people
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