[kictanet] Kibaki signs Bill into law

Tue Jan 6 17:17:19 EAT 2009

A serious discussion on the Bill should take place with all stakeholders as
was suggested prior to Kibaki's signature. As was previously discussed this
discussion, dialogue, whatever could or should be led by a team of key
stakeholders from the various sectors encompassed under the Bill. I have
given my opinion on this before and I still stand in the same position.

To be clear it should happen in an open and transparent manner where diverse
concerns can be raised. I am open to participate in any such discussion.
Again, I would like to say that there are valid points made on both sides of
the fence. The objective is not to tear our country down, but to ensure that
we are building a free and democratic nation that will serve ALL our
nation's children well.

Section 88
For me the question is not the media house in Kenya themselves, but the
freedom of Kenyan to express themselves. If a group of Kenyan citizens using
the internet decided to distribute pamphlets and blog online "the
government" could in the name of "security" find the content undesireable
and the potential for raids on personal equpiment and that of even NGOs
could be at risk. Please remember the days of Moi and how people suffered.
Also remember that Kenya is not alone in the world. Similiar legislation has
been passed in many countries, often to the detriment of the people. I truly
pray that the Kenyan government has learned from the lessons of the past and
of others before us.

The Bill as whole is a necessary step forward in providing legislation for
one of the fastest growing sectors of the economy. The legislation on
e-commerce is especially good as it will allow Kenya to increase their
e-commerce internationally. While we cannot overlook the good policy found
within the Bill, but we must be careful with the details.

Crystal

On Tue, Jan 6, 2009 at 6:20 AM, Lobore Junior <jlobore at yahoo.com> wrote:

> Media coverage is also what the Media owners / media council shouls look
> act. Havinmg used the public resources, then all Kenyans should be able to
> received information aired irrespective of geographical coverage.
>
>
> regards,
>
> Loa.
>
>
>
>  ------------------------------
> *From:* Dorcas Muthoni <dmuthoni at gmail.com>
> *To:* jlobore at yahoo.com
> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Sent:* Tuesday, January 6, 2009 8:56:43 AM
>
> *Subject:* Re: [kictanet] Kibaki signs Bill into law
>
> I believe if journalists/media invested more in professionalism, you would
> have more friends.
>
> I personally believe you went calling for such legislation. The spectrum,
> on which broadcasting runs, is a public resource, i must remind everyone.
> The government has full responsibility in ensuring that a public resource is
> consistently used for public good. A private enterprise, such as a
> broadcaster, riding on a public infrastructure, must conform with expected
> standards, otherwise, control or whatever you may call it, will be placed on
> you.
>
> I guess we all know about the matatu industry, chaos, recklessness,
> cartels, mungiki etc.., when the going gets tough, they all come calling on
> the government.
>
> I guess its the high time the media devised other constructive engagement
> strategies to get what they want other than trying dirty tricks they have
> used in the past. Makali, if you can prove to me that the media consistently
> speaks for us/public without vested interests, i would join you in the next
> march to parliament to demand an amendment. Simply, change tact and get what
> you want.
>
> I recently asked a journalist where they see Nairobi in 30 years, would it
> be like todays Tokyo, New York or Zurich? What image are they putting in our
> minds when they feed us with their content. Do they think they are building
> or destroying. Preaching hope or despair, promoting peace or conflict? The
> famous journalist did not have an answer. I hope the media will think about
> using their role more positively and giving the mwananchi hope. I have heard
> some media people claim they put governments in power and could very well
> put them out of power. A more constructive thing would  be to remind
> mwananchi that the destiny of this country remains in the hands of each and
> everyone.
>
> Borrow a leaf from the ICT sector, the lobbying for greater capacity for
> Internal bandwidth is about to land three sub-marine cables into Kenya. The
> government has been a key sponsor of this project.
>
> Could the MOA tell us a little more on their plans for digital broadcasting
> and how they are constructively engaging the MoICT to move Kenya to the next
> level in terms of broadcasting.
>
>
>
> On Mon, Jan 5, 2009 at 9:14 PM, <dmakali at yahoo.com> wrote:
>
>> Barrack, I don't see our pt of diff. Media are the first users of ict and
>> thea is no doubt ict is imptant in a modern ecoomy.  But that's it. So is
>> freedom of speech and access to information.
>> And we don't have to compare media and ict. What I state and repeat is the
>> tendency by ict buffs to think only ict in isolation or see nothing wrong
>> else with the aw as long as their concerns are taken care of, then say
>> dismissively that there are other iinstitutions to deal with their
>> legitimate concerns or reason should prevail.  Which? How come ict folks are
>> not raising their voices on thoz issues they acknowledge media have except
>> as btw or in a back handed manner? Am very awake to the fact the country
>> desperately needed to kick up the ict sector with facilitative legislation.
>> I have personally suffered from its lacking. But we can't gloss over
>> fundamental issues out of that desperation!
>> China has all the ict you want but wat kind of society is it. You can't
>> enjoy ict in a repressive environment. And this country is in the cusp of
>> potential tyranny midwifed by our unresolved political equations that we are
>> just about to begin to resolve. If any political axis should be handed
>> control over the media, even with its weaknesses, you will rue the day you
>> dismissed our protestations.
>> I have written too much and may be I feel too strongly about this but no
>> emotions. Straight shooting perhaps.
>> David
>>
>> Sent from my BlackBerry(R) wireless device
>>
>> -----Original Message-----
>> From: "Barrack Otieno" <otieno.barrack at gmail.com>
>>
>> Date: Mon, 5 Jan 2009 20:36:51
>> To: <dmakali at yahoo.com>
>> Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
>> Subject: Re: [kictanet] Kibaki signs Bill into law
>>
>>
>> Bwana Makali,
>> I think you are being sensational, lets try and get emotions out of
>> this argument, for as long as i can remember media practioners have
>> always rubbished the role of ICT in the countries socio-political
>> landscape, i witnessed this behaviour in a forum sponsored by Unesco
>> at the Grand Regency a couple of years ago which was apparently
>> chaired by CEO's from leading media houses and i can see bwana makali
>> repeating it on this list which is unaccepatble here even though we
>> are democratic!!, give us a break sir. None the less may be we need
>> our own ministry as Dr Siganga says to champion the ICT agenda and
>> save us from this circus. The Media has a point and we all agree that
>> there are contentious issues that need to be sorted out however let
>> reason prevail, we have instituions in place to handle this kind of
>> problems and they need to be put into use
>>
>> On Mon, Jan 5, 2009 at 6:59 PM,  <dmakali at yahoo.com> wrote:
>> > The media's ref to the comm amendm bill 2008 (yuck!) as media or ict
>> bill is attributable to two factors. The media have a right and an editorial
>> licence to abbreviate long and cumbersome names. Do you guys know how
>> difficult it is to write headlines? Write one to test your editorial skills
>> - 25 letters across 40cms and include all that communications bla bla!?
>> >  Second, the media have a right to christen anything for ease of
>> reference. Why aren't you media phobes complaining about ndungu, waki,
>> kriegler or whatever other commissions that don't exist in fact and which
>> you have quite happily swallowed? wats wrong with the media or ict or (next)
>> postal bill if it captures the essence of what is on the table or disputed?
>> I find it trite argument to insist that the media have misrepresented the
>> bill. If there is nothing contestable about the others, or they are less
>> controversial or for whatever reason they dim in significance, what is the
>> big deal?
>> > Finally, of course, some media could just have failed to see the bigger
>> picture and erroneously referred to it as media bill. In which case that all
>> fair in war and love. You can't moan till morning.
>> > Let's face the facts. The law has bad provisions that only myopic and
>> selfish people or those with axes to grind the media can't see.
>> Unfortunately, it takes a very short time before the reality catches up with
>> such people wen they find themselves on the receiving end.
>> > Jog your memory.
>> > David
>> > Sent from my BlackBerry(R) wireless device
>> >
>> > -----Original Message-----
>> > From: "waudo siganga" <emailsignet at mailcan.com>
>> >
>> > Date: Mon, 05 Jan 2009 18:35:00
>> > To: <dmakali at yahoo.com>
>> > Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
>> > Subject: Re: [kictanet] Kibaki signs Bill into law
>> >
>> >
>> > 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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>> >> >>> kictanet at lists.kictanet.or.ke
>> >> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> >> >>>
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>> >> >>>
>> >> >>>
>> >> >
>> >> >
>> >>
>> >>
>> >>
>> >>_______________________________________________
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>>
>>
>>
>> --
>> Barrack O. Otieno
>> ISSEN CONSULTING
>> Tel:
>> +254721325277
>> +254726544442
>> +254733206359
>> www.issenconsult.com
>> http://projectdiscovery.or.ke
>> To give up the task of reforming society is to give up ones
>> responsibility as a free man.
>> Alan Paton, South Africa
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>
>
>
> --
> Muthoni
>
> My Blog: http://rugongo.blogspot.com/
> --------------------------------------------
> Mahatma Gandhi once said:-
>
> First they ignore you,
> Then they laugh at you,
> Then they fight you,
> AND THEN YOU WIN!!!
>
>
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-- 
Crystal "Naliaka" Watley
Voices of Africa
crystal at voicesofafrica.org
http://www.voicesofafrica.org/

"You must be the change you wish to see" - Gandhi
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