[kictanet] Day 2 of 10:-BPO discussions, Legal and Regulatory Frameworks

Thu Jun 4 10:05:17 EAT 2009

Hi

Attached is are power point slides for a presentation in made to the Law Society of Kenya on e-commerce and the limitations. This was before the enactment of the Kenya Communications Act.

I hope u find it useful.

regards

Anthony Okulo
Okulo & Company
Advocates
Eden Square Complex
PO Box 856-00606
Chiromo Road Westlands
Nairobi
Tel. 3673004
Fax. 36732323

  ----- Original Message ----- 
  From: Catherine Adeya 
  To: anthony.okulo at okulo.co.ke 
  Cc: KICTAnet ICT Policy Discussions 
  Sent: Thursday, June 04, 2009 12:19 AM
  Subject: Re: [kictanet] Day 2 of 10:-BPO discussions,Legal and Regulatory Frameworks

  Bwana PS,

  Much appreciated contribution but I am struggling with one issue. I have been toying with how to put it down and lacked the words so I will put it down anyway (apologies if misunderstood). Here goes....does the cabinet really understand that some of their delays in decision making can make the country lose out in a big way. I know for a fact that there are many countries who have positioned themselves ready to 'grab' the outsourcing jobs while we still await decisions. Is there any way around this? Is there anyway that they can understand that a decision which impinges on the legal/regulatory framework of the ICT industry must be timely unlike, for example, a decision on  new equipment/trucks for the army (important but not urgent)...or matters to do with paternity leave (important but not urgent)........

  Best,

  Nyaki

------------------------------------------------------------------------------
  From: "bitange at jambo.co.ke" <bitange at jambo.co.ke>
  To: elizaslider at yahoo.com
  Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
  Sent: Wednesday, June 3, 2009 7:50:53 PM
  Subject: Re: [kictanet] Day 2 of 10:-BPO discussions, Legal and Regulatory Frameworks

  Walubengo,
  In the next few weeks, Judiciary is to outsource its transcriptions of
  court process.  We need to put in place the infrastructure first.  some
  decisions take longer because they require cabinet approval.  The good
  news is that there is sufficient goodwill to bring such reforms.

  Ndemo.

  >
  > Morning all,
  >
  > Yesterday was like my 1st day in school - what a rich learning experience!
  > Thanx to Waema, Nyaki, Barrack, Otuoma, and MM whose contributions were
  > quite enlightening. Of the two questions asked, it appears that we need
  > both comprehensive ICT and BPO Policies and Strategies.  With regard to
  > National BPO strategies and targets we learnt that there was quite some
  > detail at the Ministry of Planning and the BPO Society which could benefit
  > members if made widely accessible.
  >
  > Today we move from the Policy to the Legal, Regulatory Frameworks. The
  > Research study found very comprehensive Legal and Regulatory environment
  > in S.Africa, India and Mauritius that supported their BPO industry.
  > Specifically, laws that took care of eTransactions, eCrime, Copyrights and
  > Data Protection were well established. Furthermore their BPO Industries
  > had adopted stringent Quality Assurance Frameworks for BPO and Contact
  > Center Operations.
  >
  > The Researchers found that the case for Kenya was relatively comparable -
  > with the recently enacted KCA Act (2009) that deals with eCrime &
  > eTransactions leading the way, others like the Copyright Act (2001) as
  > well as the Freedom of Information Bill cuurently at an advanced stage
  > providing an encouraging Legal/Regulatory environment.
  >
  > Which brings us to the following two questions:
  >
  > Q3: With submarine cables landing next week and given the above
  > legal/regulatory frameworks, how comes Kenya is NOT experiencing the
  > anticipated boom in the BPO sector? What should we do to get local and
  > foreign investors to show more confidence in the BPO industry?
  >
  > Q4: Could there be gaps in our Legal, Regulatory and Institutional
  > frameworks that need to be addresssed?
  >
  > Put in black and white- Why hasn't Safaricom, Orange, Zain and several
  > local Banks who have all opened their own very large Call-Centers NOT
  > shown confidence in the BPO sector by outsourcing their operations to
  > local BPO operators?  What of the Government itself? Why cant it outsource
  > non-core functions to the local BPO operators before trying attract
  > foreign investors to do the same?
  >
  > The floor is open, we have only today to get comments/answers to these
  > issues.
  >
  > walu.
  >
  >
  >
  >
  >
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