[kictanet] Off topic: COFEK

[Stephen Mutoro]

Brian: Thanks for your need-to-know request. The Consumer Rights Article 46(3) of the Constitution of Kenya 2010, provides for a legislation to "give it full effect". It follows neither of the two suggested options - of being escalated through a Ministry or Civil Society organization and "some MP". In the case of the Consumer Protection Act, 2012 - any doubting Thomases can ask Mr Charles Nyachae or Dr Catherine Mumma to check if it is not a CIC product. Lets face it - as economists or social scientists, we don't know all the law we purport to. Even what is being quoted elsewhere as the classic case study merely because some people were involved  - how easy is it to ask information or protect private data as provided for by Article 31? 

This is the kind of a fallacy, where a civil servant, in a lone ranger style, advertises (for instance) to recruit a board member of a parastatal of a would-be equal. That would be usurpation of the role of a Minister to advertise and perhaps interview and recommend an "equal" for appointment to the same position. Fact - not everything coming from everyone in government is a fact as it appears to be sadly taken, on most occasions at least based on my reading, on this list. After all, government functions, policy making and implementation cannot be wholly carried out online in a lone ranger style. It equally misses the point. 

Stephen Mutoro 
www.cofek.co.ke

On Feb 16, 2013, at 10:43 PM, bitange at jambo.co.ke wrote:

> Brian,
> There are two ways of generating Bills to Parliament.  The first one is
> through the line Ministry taking the Bill through consultations with
> stakehoders then finally it becomes an Act of Parliament.  The line
> Ministry will make sure that the provisions of the Act are implemented. 
> The other method of getting the Bills through Parliament is through a
> sponsorship by an interest group through some MP.  Such Bills go through
> Parliament but fail to get a home (Ministry) that bears the
> responsibility.  In most cases such bills never become effective.  One
> example is the Njoki Ndungu's Children's Act.  A great piece of
> legislation but has failed to get a real home.
> 
> Nobody knows why some Acts of Parliment fail to be enforced.  Civil
> Society that often sponsors Bills through MPs must change tact and start
> pushing them through the line Ministry. This is what we did with the
> Freedom of Information and Data Protection Bills that we worked with Civil
> Society to push them. With the new constitution, it is imperative that we
> closely work with the civil society for the sake of our country.  Lone
> ranger tactics often fail and we all end up missing the point.
> 
> 
> Ndemo.
> 
>> I'm sorry but I must bring this up here as there was a recent discussion
>> involving COFEK.
>> 
>> Today I saw COFEK on social media calling consumers to join them in a
>> protest outside Govt printerr office. I followed the link indicated in
>> their post to find out what the fuss was about and found this:
>> *
>> 
>> The Consumers Federation of Kenya (Cofek) is concerned at the poor
>> performance by the office of the Government Printer headed by Mr Andrew
>> Rukaria (pictured).
>> 
>> Since assent of the Consumer Protection Act on December 13, 2012 the
>> Government Printer's office has been giving endless excuses from backlog
>> to
>> lack of films and other materials. Meanwhile the Act remains unpublished
>> and it cannot be operationalized as a result.
>> 
>> Our numerous calls and letters have only yielded in unfulfilled and
>> indefinite pledges of printing the same. Mr Rukaria has also taken to
>> avoiding our calls.
>> 
>> From the foregoing, we hereby demand for his voluntary resignation within
>> seven days. Failure to do so, Cofek will simultaneously seek for judicial
>> intervention.
>> 
>> Cofek, will after this ultimatum, mobilize consumers to physically eject
>> him from his office for his consistently poor and unacceptable
>> performance.
>> *What I don't understand is:
>> 
>>   1. Since when was it that an Act cannot be operationalized simply
>>   because it hasn't been printed by Govt printers?
>>   2. Isn't there an electronic version of this Act that can be
>>   used/referred to in case of legal issues/action?
>>   3. Is there anything stopping COFEK from printing their own copies of
>>   the Act? (If they need it so badly)
>> 
>> Please enlighten me?
>> Mblayo
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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.