[kictanet] Kibaki signs Bill into law

Fri Jan 9 05:00:29 EAT 2009

Aduda,
I remember very well that we invited everybody in the Media to the
meetings that discussed the current Bill.  Indeed we had representation
from all Media including the KUJ, Editors Guild, the then Media Council
and of course the MOA.  We went through the Bill line by line and the
issues you are raising now were indeed rejected to the Media fraternity's
satisfaction.  If you carefully read both the Media Act, the Communication
Act and the draft freedom of information, you will probably be surprised
to find out that out intention was to protect the Journalist from any
interverance both from Government and MOA.  Free responsible Media is
largely a creation of an ethical journalist.  We (Society) MUST protect
you in order to give us the true story and I hope at some stage MOA would
realize this.

Even with these knowledge, the Ministry has maintained an open door policy
to get to a balance between your own freedom and responsibilty.  There was
no need to throw tantrums in order to achieve this because it is is like
trying to drill a hole in a ship that we are all in at high seas.

News or Journalistic content content is a small drop in the general
content that we want to regulate.  I wish I had resources to bring you to
the conference I am attending.  Content in the new Digital Framework is
simply overwhelming.

Regards

Ndemo.

> Wainana,
>
> The media, and not only Media Owners Associations, but editors,
> journalists, TV and Radio anchors and producers, have always been ready
> for dialogue and honest one at that. We don't know your criteria for the
> so-called "well-thought out" memorandum, but we can assure that we had
> prepared many documents, which we presented to the minister, PS and PM. We
> will revisit them and prepare something and hopefully it will "well-though
> and devoid of propoganda".
>
> Aduda
>> ----------
>> From: 	kictanet-bounces+daduda=nation.co.ke at lists.kictanet.or.ke on
>> behalf of Wainaina Mungai
>> Sent: 	Wednesday, January 7, 2009 10:52 PM
>> To: 	David Aduda
>> Cc: 	KICTAnet ICT Policy Discussions
>> Subject: 	Re: [kictanet] Kibaki signs Bill into law
>>
>> The Presidential directive to Hon. Poghisio & Hon. Amos Wako has set
>> the pace for a new engagement strategy. Let's hope it brings to an end
>> the "drama queen" strategy used by media owners so far.
>>
>> The media owners will need to present well thought-out memoranda
>> devoid of propanganda. I hope they are ready to engage in the same way
>> as the ICT sector did.
>>
>> The proposals by media owners must be subjected to objective debate in
>> the longterm interests of the nation.
>>
>> Wainaina
>>
>> On 1/7/09, Wainaina Mungai <wainaina at madeinkenya.org> wrote:
>> > It sounds like Tanzania has a very objective Media Council.
>> >
>> > They recognise that the law is abit too tough but they believe the
>> > Kenyan media brought it upon themselves when they failed to
>> > self-regulate.
>> >
>> > Through the one-sided campaign, it is clear that the media has no
>> > intention to implement true self-regulation. Individual media houses
>> > are now setting standards and walking away from the biased "group
>> > mind" approach to issues.
>> >
>> > Let's hope that Kenya's Media Council will learn from Tanzanians.
>> >
>> > Wainaina
>> >
>> > On 1/7/09, Jotham Kilimo Mwale <jokilimo at yahoo.com> wrote:
>> >> 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
>> >>>>> >>>
>> >>>>> >>> This message was sent to: billkagai at gmail.com
>> >>>>> >>> Unsubscribe or change your options at
>> >>>>> >>>
>> >> http://lists.kictanet.or.ke/mailman/options/kictanet/billkagai%40gmail.com
>> >>>>> >>>
>> >>>>> >>>
>> >>>>> >
>> >>>>> >
>> >>>>>
>> >>>>>
>> >>>>>
>> >>>>> _______________________________________________
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>> >> http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.com
>> >>>>
>> >>>> _______________________________________________
>> >>>> kictanet mailing list
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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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>> >>
>> >> _______________________________________________
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>> >>
>> >>
>> >>
>> >
>> > --
>> > Sent from my mobile device
>> >
>> > ---
>> > http://www.bungesms.com
>> >
>> > TWITTER - http://www.twitter.com/bungesms
>> >
>> > KABISSA.org -
>> > http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
>> >
>> > KAMPALA Workshop presentation -
>> > http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaNetwork.pdf
>> >
>>
>> --
>> Sent from my mobile device
>>
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>> http://www.bungesms.com
>>
>> TWITTER - http://www.twitter.com/bungesms
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>> KABISSA.org -
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>>
>> KAMPALA Workshop presentation -
>> http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaNetwork.pdf
>>
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