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

Wed Jul 9 16:54:41 EAT 2008

Hi Alex,

I would find it hard to imagine how much more Kevit can explain to you  
about KIF.

I would like to suggest that Kevit extend an invitation to you (and  
anyone else who might be interested/concerned) to attend the next KIF  
meeting as an observer and see/feel the animal yourself.

Brian

Sent from my iPhone

On 09 Jul 2008, at 3:45 PM, Alex Gakuru <alex.gakuru at yahoo.com> wrote:

> Kevit:
>
> I am afraid you have not clarified well enough. I shall not ask you  
> further KEPSA questions although on your previous email you told  
> Waundo "As the director of KEPSA  I welcome CSK and any other  
> association to full membership of KEPSA." Apparently this now  
> appears to have changed. And I doubt Waundo complained of  
> "exclusion" not of his private self, rather of CSK? I could be wrong  
> but he could clarify.
>
> On Jun 23, 2008 it was announced that a "Local Software Industry  
> Association established" with, among others, "3.1 Objective, Market  
> the local software industry to venture capitalists." (see  
> announcement document attached) Was it registered under Societies Act 
> ( Read Public interest) or as Private (non-or-for-profit) Company? I  
> found it strange it was formed 3 days to aour very successful and  
> OPEN BarCamp. Is this one also under your umbrella?
>
> On the links you sent onlist:
>
> www.innovation-africa.net
>
> Domain Name: INNOVATION-AFRICA.NET
>   Registrar: TUCOWS INC.
>   Whois Server: whois.tucows.com
>   Referral URL: http://domainhelp.opensrs.net
>   Name Server: ULTRA103.UK2.NET
>   Name Server: ULTRA104.UK2.NET
>   Status: redemptionPeriod
>   Updated Date: 24-jun-2008
>   Creation Date: 14-may-2007
>   Expiration Date: 14-may-2008
>
> I tried www.innovation-africa.co.ke >> was re-directing to >> www.kif.or.ke 
>  ( but today it now says "under construction") I gather Centurion  
> Systems offices accommodates KIF, is that correct?
>
> What I am trying is to understand is who speaks in the background  
> when when "KIF" issues "stakeholders" statements on an issue,how  
> representative or public service-oriented, good governance, in  
> trying to understand new and old associations' motives.
>
> With above information, it would clear doubts of public policy  
> participation illegitimacy or inappropriate public procurement  
> involvement(s). For the sake of our growing transparent ICTs  
> abundantly rewarding enterprising citizens.
>
>
> Alex
>
>
> --- On Wed, 7/9/08, 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: "'kictanet-lists'" <kictanet at lists.kictanet.or.ke>
>> Date: Wednesday, July 9, 2008, 2:50 AM
>> 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 r
> <KENYA SOFTWARE INDUSTRY ASSOCIATION.doc>
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