[kictanet] Kibaki signs Bill into law

Wed Jan 7 16:39:41 EAT 2009

Hi All,

Just came across this view of our Act from Media Council of Tanzania.

http://www.dailynews.habarileo.co.tz/magazine/index.php?id=9330

Interesting. 

Regards,

Jotham K. Mwale

--- On Tue, 1/6/09, Akich Kwach <kwach at archway-productions.com> wrote:

From: Akich Kwach <kwach at archway-productions.com>
Subject: Re: [kictanet] Kibaki signs Bill into law
To: jokilimo at yahoo.com
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Tuesday, January 6, 2009, 1:14 AM

Hi All,

I think it is time time we stopped blaiming our brother and sisters from the
media. It is said that if you were in their shoes, you would be shouting loudest
like them. I believe they have a point and I do agree with Dorcas Muthoni, the
style or approach by the media team might be the problem. As they seek for
freedom, they have to be visionery. I am reminded of the wise advice by Lyndon 
Johnson, a former US president  "You do not examine legislation in the
light of the benefits it will convey if properly administered, but in the light
of the wrongs it would do and the harms it would cause if improperly
administered."

To set the records straight, I do support the signing of the Bill and the rest
of the amendments can be lobbied for later. It is sad the Wanjikus, Atienos and
Moraas outside Nairobi would find it difficult to know the benefits the new law
carries because the same media that should have passed the message is still in a
"mourning period". How can we help spread the message?

I look forward to the discussions as stated by Walu

Akich Kwach

----- Original Message ----- From: "Barrack Otieno"
<otieno.barrack at gmail.com>
To: <kwach at archway-productions.com>
Cc: "KICTAnet ICT Policy Discussions"
<kictanet at lists.kictanet.or.ke>
Sent: Monday, January 05, 2009 10:29 PM
Subject: Re: [kictanet] Kibaki signs Bill into law

You have a point David, this convergence business is a bit confusing
to the waheshimiwa as well as a good number of Kenyans, i bet eighty
percent might no understand what is going on, Alex you seem to be
having some answers though your answers are too complicated :)
Let the debate continue

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
>>> >>>>
>>> >>>>
>>> >>>>
>>> >>>>
>>> >>>
>>> >>>_______________________________________________
>>> >>> kictanet mailing list
>>> >>> kictanet at lists.kictanet.or.ke
>>> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >>>
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>>> >>>
>>> >>>
>>> >
>>> >
>>> 
>>> 
>>> 
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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
> 

-- 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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