[kictanet] Kibaki signs Bill into law

Harry Hare harry at africanedevelopment.org
Tue Jan 6 12:32:25 EAT 2009 

Dear Waudo and all,

I hear you on this and it has been my position that convergence is a good
thing but its only happening in technology and not law and therefore
developing a convergence law was definitely going to pose major challenges,
not just of acceptance but even its implementation.

Having said that, I think Waudo is right again that we should be bold enough
and seek a separate ministry for ICT that will be responsible for anything
ICT in the country. This will bring all the agencies that are currently
existing under one roof. I have in mind CCK, NCS, ICT Board, Directorate of
eGov (OP), GITS (Treasury). And in this we propose to have a legally
constituted consumer consultative board to look at consumer issues in the
sector. 

Kindest regards
Harry

On 1/5/09 6:35 PM, "waudo siganga" <emailsignet at mailcan.com> wrote:

> Thanks for noting the changing goal posts in terms of the title of this
> Law Alice. In fact a short while ago some referred to it as the "ICT
> Bill" before briefly reverting to Kenya Communications  (Amendment) Bill
> 2008 and then finally resting at "Media Bill". For me I think I
> understand the reasons for this confusion, particularly for the public:
> this is a compound Law in one basket. The lesson I learn is that in
> future we need to change some things otherwise it is possible to reach a
> stage where useful ICT Policy, Legislative and regulatory development
> processes are held back by things that really have nothing to do with
> ICT. What if the courier services who are now regulated by this Law had
> successfully opposed it? We would be missing e-transactions legislation
> simply because of a function that has nothing to do with ICT.
> For starters, the Government should restructure so that we have an ICT
> only Ministry like they have in India, Egypt, Mauritius and other
> countries worth copying. For many years after independence we had a
> Ministry of Information and Broadcasting. That Minstry should be revived
> to focus on the interests of our media brothers.
> Right now it is very difficult to pin down what is "ICT" in Kenya. Some
> of the issues being brought under the umbrella of "ICT" are those that
> the real ICT people cannot contribute to. Some people are saying
> everything is OK because of "convergence". But as can be seen, even
> trying to converge Laws is an issue unto itself.
> 
> Waudo
> On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice at apc.org> said:
>> I agree and for Pete's/Jane's sake could media drop the  "media bill"
>> reference. It is the Kenya Communications  (Amendment) bill 2008, which
>> covers much much more than broadcasting issues. and much more
>> importantly it finally deals with issues of convergence from a
>> technological, content, regulatory, as well as economic perspective. it
>> is important that the communications "sector" adapts to this global
>> convergence trend/scenario, because it will provide for expansion of
>> universal access to ICTs,  in terms of reducing costs while stimulating
>> economic and social growth. This can only be done through appropriate
>> ICT policy and regulatory mechanisms, which the bill provides for.
>> 
>> What we should be focusing on are the challenges that will come with
>> this dynamic because adaption to convergence is not the end point.
>> 
>> 
>> 
>> best
>> alice
>> 
>> p.s. views are personal and not a reflection of any of the
>> institutions/organisations I am affiliated with.
>> 
>>> Great suggestions,
>>> 
>>> I feel we can support the media but not in-toto.
>>> 
>>> First, it would be nice of the MoA et. al. to let go of the negative
>>> "Media Bill" campaign and engage constructively with other players.
>>> 
>>> Secondly, media should consider calling ICT advocacy personalities to
>>> a forum where they can share how ICT issues have successfully been
>>> incorporated without the animosity that is common when advocating for
>>> media issues.
>>> 
>>> I believe the media needs to feel secure that if their arguments are
>>> valid, they'll have our undivided support....issue by issue.
>>> 
>>> Wainaina
>>> 
>>> On 1/4/09, Bill Kagai <billkagai at gmail.com> wrote:
>>>   
>>>> The 4 fundamentals;
>>>> 
>>>> 1. When the Media fraternity suggested the bill be rejected in-toto, ICT
>>>> sector players felt this was akin to pouring the birth water together with
>>>> the baby. Personally I am happy the ICT issues did not go down the drain.
>>>> And I think that was what many of us were asking for.
>>>> 
>>>> 2. The Media has genuine concerns as Haron Ndubi articulated in his legal
>>>> opinion on the probibity of the bill. However, the Media completely blacked
>>>> out ICT sector concerns during our campaign to have the bill signed. We
>>>> even
>>>> went out of the way to show the remedies to the issues through the
>>>> miscelleneous amendment bill as suggested in the very fast legal opinion
>>>> whose author requested we keep his/her identity anonymous.
>>>> 
>>>> 3. ICT players and especially Kictanet ought to prove it's the bigger
>>>> wo/man
>>>> by showing solidarity in the front-line with our cousins in the Media
>>>> looking for a way out of the quagmire. We do not have to ignore them simply
>>>> because they refused to side with us in our campaign.
>>>> 
>>>> 4. We are extremely careless in handling crisis. If you are familiar with
>>>> Newton's method of factoring variable change and the Monty Hall
>>>> Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>,
>>>> then we can analyse the options the President had mathematically.
>>>> 4a) Sign Bill
>>>> 4b) Don't Sign Bill
>>>> 4c) Do nothing and hold Kenyans in suspense.
>>>> 
>>>> Each option had a 33% probability of being the 'right' decision. So,
>>>> assuming he had not seen the bill earlier since he was not the author and
>>>> had decided not to sign the bill following the Media owners petition, was
>>>> it
>>>> wise to change his decision from 'Don't Sign' to 'Sign'??
>>>> Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox> proves that
>>>> changing the decision increases the probability of getting it 'right' to
>>>> 66.6%. And that is proven by the fact that we [in ICT] feel content and
>>>> support ways of also making our brothers in the media achieve 'State of
>>>> Nirvana'. This bill will also give the Minister of Finance some head-up
>>>> before he dismisses innovations such as M-Pesa without prior knowledge.
>>>> 
>>>> Conclusion;
>>>> For Makali, Openda, Kaikai and other leading Media personalities who I know
>>>> are on this list, why don't you invite ICT stakeholders in to your media
>>>> stations to engage Kenyans on what is good and what is bad in the ICT [not
>>>> Media] bill so that we can fight together against what we feel is not
>>>> good??
>>>> This has nothing to do with whether the grand coalition will hold or not,
>>>> since neither the Right Honourable nor His Excellency drafted this bill. We
>>>> did and the buck should stop with us!!!
>>>> 
>>>> --
>>>> Bildad Kagai
>>>> MD - MediaCorp Limited
>>>> Nairobi Stock Exchange Authorised Information Vendor
>>>> Suite B2, Tetu Court, State House Avenue
>>>> P. O. Box 20311 - 00200
>>>> Nairobi, Kenya
>>>> Tel. 254 20 272 8332
>>>> Fax. Rendered Obsolete
>>>> S - 1°17'13.8"
>>>> E - 36°48'22.7"
>>>> www.mediacorp.co.ke
>>>> ---
>>>> 
>>>> 
>>>> On Sun, Jan 4, 2009 at 6:21 PM, alice <alice at apc.org> wrote:
>>>> 
>>>>     
>>>>> Thank you Wainaina. Happy 2009.
>>>>> Now that the bill has been signed, what does the ICT industry think about
>>>>> this whole debate? especially those who have worked for such a long time
>>>>> with government to introduce legislation for the sector?
>>>>> 
>>>>> best
>>>>> alice
>>>>> 
>>>>>  Happy New Year for ICT development in Kenya.
>>>>>       
>>>>>> We can now look at the Media's concerns on the Kenya Communications
>>>>>> Act and support whatever  amendments may be justified.
>>>>>> 
>>>>>> Wainaina
>>>>>> 
>>>>>> 
>>>>>> 
>>>>>>         
>>>>> 
>>>>> _______________________________________________
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>>>>> 
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>>>>>       
>>> 
>>>   
>> 
>> 
>> 
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