[kictanet] Communications Licencing Act

Thu Aug 23 18:29:07 EAT 2012

Hi Joseph,

Thanks a million for the concise analysis of the issue and for this I am more informed.

Please do not play down your ability, until you mentioned it I am sure no one thought you where a student keep it up we need lawyers who can articulate tech.

Regards

Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya

Tel: +254722511225, +254202010696

________________________________
 From: Joseph McDonald <mcdonaldoj at gmail.com>
To: robertyawe at yahoo.co.uk 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Thursday, 23 August 2012, 10:11
Subject: Re: [kictanet] Communications Licencing Act

I think Robert Alai can be charged under section 29 of the Kenya Information and Communication Act CAP 411A revised 2009.

The Section talks about Improper use of a telecommunication system (A phone ,Computer/Internet etc)

29. A person who by means of a licensed telecommunication system—
(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; 

or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

You also raised the issue of re tweeting or forwarding a message.

Under Defamation Law any one who repeats a defamatory publication or statement is liable.

So for example if you write a book which has defamatory statements and the affected person decides to sue he can sue the author,the publisher,the bookshop,a library that stocks the book or even the street vendor.

So in this case if you re-tweet or forward an sms you are just as liable as the originator of the tweet or sms.

I am a law student and not a lawyer yet....so my facts might be wrong ...but that is just my opinion based on my limited understanding of the matter.

Thanks

On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu at gmail.com> wrote:

Ali et al,
>
>I like that argument, which is penned on responsibilities. There is no
>shortcut to that.
>
>I'm asking all these because a while ago there was a lister who asked
>issues regarding cohesion and it was pointed out that the NCIC (?) Act
>might have been passed by time since its enactment a while back. So
>that means it needs an ovehaul, to address emerging issues.
>Also, in this case of Alai, I retweeted what he said about Dr. Mutua,
>does it make me an accessory? I remember immediately after Dr. Ndemo
>banned live broadcast in 2008, he said some messages that flared
>ethnic tensions were  forwarded through as text messages over cell
>phones, adding that all who sent or forwarded the messages are bound
>to be prosecuted, until the originator of the message is found.
>I'm just concerned because I might have retweeted or even shared on
>facebook a post that could be categorised cromibal in nature.
>The quoted Communications Licensing Act, if it exists, really need to
>be availed so that we can have a look at it.
>And a just by the way, Robert Alai is alleged to operate the
>@KenyaPolice twitter account, is that a crime too, considering that
>there are online (Twitter mostly) parodies of Mwai Kibaki, Francis
>Atwoli, Alfred Mutua etc!
>
>Regards,
>
>Solomon
>
>On 23/08/2012, Ali Hussein <ali at hussein.me.ke> wrote:
>> Solomon & listers
>>
>> I hate to say this but something like this was bound to happen sooner or
>> later to Robert.
>>
>> There seems to be a belief that some bloggers cannot be held responsible for
>>    some of the toxic stuff they write online.  Beyond the act there are
>> still laws against abuse and its about time that we take responsibility for
>> what we do and not hide behind some obscure online credos that say you can
>> get away with anything you write online.
>>
>> Me thinks that the same principals that apply offline should apply online.
>> For example if you abuse me offline there are laws against that. Why should
>> it be different online? After all shouldn't the same laws protect the one
>> being abused?
>>
>> I know this may not be a popular thing to say right now but some one needs
>> to say it..
>>
>> Ali Hussein
>>
>> +254 773/713 601113
>>
>> Sent from my iPhone®
>>
>> On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu at gmail.com>
>> wrote:
>>
>>> Listers,
>>>
>>> Good morning,
>>>
>>> I'm reading this story on Daily Nation,
>>> www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953,
>>> and accorind to the charges, Alai violated the Communication Licencing
>>> Act.
>>>
>>> My questions:
>>> 1. What exactly did he violate in the Act?
>>> 2. Where can one get (a soft copy of) the said Act?
>>> 3. Is this law same as the Kenya Communication (Amendment) Act?
>>>
>>> Thanks
>>>
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>>
>
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>The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
>
>KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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