[kictanet] Off topic: COFEK

Wed Feb 20 22:13:17 EAT 2013

Every Act prescribes a commencement date before which the Act cannot be operationalised. 
The CP Act under section 1 provides that the Minister must set a commencement date for the Act but in any event not later from 90 days from the date when the Act was published.  This means that if the Minister does not set the date, then upon expiry of the 90 day period,  the Act shall be automatically operationalised. 

Sent from Samsung Mobile

-------- Original message --------
From: Mark Mwangi <mwangy at gmail.com> 
Date:  
To: kenkenyaworld at gmail.com 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Subject: Re: [kictanet] Off topic: COFEK 

This is actually a hilarious exchange if you ask me.

It is akin to what vint cerf was talking about a few months ago about freedom to information vs access to internet. Tying rights and procedures to particular technologies will see you rewrite your laws every few years. I am also curious Mutoro as to the legal and operational consideration behind requiring a physical printing of a new law. Are there ministries that do not have computers and internet? 

On Wed, Feb 20, 2013 at 12:36 PM, <eonchari at lynxbits.com> wrote:
Infact, that is the very same reason (land commission) I had possed the question. It beats common sense to just leave it to the discretion of the executive as they are inclined to abuse it - as has the president on the land commission issue. Is this leeway not time bound? Can the president legally ignore this for as long as he feels like it?

Edwin

----- Original Message ----- 
From: kkairo at gmail.com
To: eonchari at lynxbits.com
Cc: kictanet at lists.kictanet.or.ke 
Sent: 2/20/13 4:17 AM 
Subject: Re: [kictanet] Off topic: COFEK

Edwin,

As per Cap 2 s.19

 19. Where any written law, or part of a written law, came or comes into operation on a particular day, it shall be deemed to have come or shall come into operation immediately on the expiration of the day next preceding such day.

In my opinion this means that the law is in effect from the date the president/minister gazettes it will commence.

However your question is about the act becoming operational and in my view this is within the discretion of the executive as we have seen with the delay in gazetting the national lands commission.

Regards, 
Harry Karanja

Sent from my iPad

On Feb 20, 2013, at 11:45 AM, eonchari at lynxbits.com wrote:

Harry,

Thank you for sharing this.

I have a nagging question-  is it a requirement (by law) that each act must be printed/gazetted (physically) for that act to be operational?

Regards,
Edwin

----- Original Message ----- 
From: kkairo at gmail.com
To: eonchari at lynxbits.com
Cc: kictanet at lists.kictanet.or.ke 
Sent: 2/20/13 3:34 AM 
Subject: Re: [kictanet] Off topic: COFEK

Edwin,

Fortunately the National Council for Law Reporting usually publishes acts of parliament, subsidiary legislation and the Kenya Gazette on their website www.KenyaLaw.org promptly after publication..

Regards, 
Harry Karanja

Sent from my iPad

On Feb 20, 2013, at 10:07 AM, eonchari at lynxbits.com wrote:

Would it not make more sense to have the printer publish these Gazette Notices on their website in PDF version, etc? How many people do actually buy these gazettes? What is the ROI on printing such humongous documents? How many of them lie gathering dust at their stores? This agency needs to clean up its act and catch up with the rest of the world in the 21st Century.

Edwin

----- Original Message ----- 
From: ngethe.kariuki2007 at yahoo.co.uk
To: eonchari at lynxbits.com
Cc: kictanet at lists.kictanet.or.ke 
Sent: 2/19/13 12:15 PM
Subject: Re: [kictanet] Off topic: COFEK

Let me also thank Kerubo for the effort.
 However,it seems bad public policy to sell such 75 page document for 420/= ,that is Kshs.5/60 per page.It is therefore cheaper to xerox than to buy. Since all costs of printing by the Govt. printer are paid by the public(cost of machines,salaries etc), it would seem that cost recovery(not profit) should be the guiding principle.

John Kariuki

From: stephen Mutoro
To: ngethe.kariuki2007 at yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions
Sent: Tuesday, 19 February 2013, 16:21
Subject: Re: [kictanet] Off topic: COFEK

Thanks Kerubo:

I greatly appreciate that you have been first to scan and circulate the copy.. You have my 21-gun civilian salute! As listers will see on the stamp, it was actually received today. They were printed last night. Were it not for our action, it could still be unavailable. I am also hoping that listers will take time to look at the many areas which deal ICT and even consumer (not necessarily Cofek) representation on regulatory bodies. Debate should therefore move away from personal tirades against Cofek and the character of my person. It should be about issues. My last appeal, lets read before we comment. May also circulate it to your colleagues and personal networks. Consumer protection is real. It is time Kenyans looked at it differently. Some of us are preapred to pay whatever price to confront hurdle against enhanced consumer protection. Look around you - from your technology gadgets, clothes, food, window-blinds, wrist-watch to many other issues - I will be surprised if you are unconsciously less than 90% "carrier" of counterfeits and/or sub-standard goods. Lets toss to the first ever one-stop consumer legislation in Kenya and third on the Continent!

Regards,

Stephen Mutoro
www.cofek.co.ke

From: Kerubo Ombati
To: smutoro at yahoo.com
Cc: KICTAnet ICT Policy Discussions
Sent: Tuesday, February 19, 2013 3:25 PM
Subject: Re: [kictanet] Off topic: COFEK

Dear All,

A copy of the Consumer Protection Act is attached.

Regards,

Kerubo

On Tue, Feb 19, 2013 at 2:46 PM, Odhiambo Washington <odhiambo at gmail.com> wrote:
@James,

You have some beef to pick up with Mutoro, right? Otherwise I don't see the sense in your question, given that Mutoro already explained why it was important to have this Act printed.

On 19 February 2013 14:26, James Mbugua <jgmbugua at gmail.com> wrote:
Now that it has been printed and copies are lying at the printer's office, what was the hullabaloo all about? Can we pick meaningful battles not activism for activism sake.

On Tue, Feb 19, 2013 at 11:03 AM, Odhiambo Washington <odhiambo at gmail.com> wrote:
Hello Stephen,

I request COFEK to scan their copy and share the electronic version with us. You see, as middle class, we are used to doing things from the comfort of "behind our keyboards".

On 19 February 2013 13:20, stephen Mutoro <smutoro at yahoo.com> wrote:
Hi Brian:

Just an update - that our peaceful demonstration slated for February 21 against Government Printer Mr Andrew Rukaria has been called off - after his office worked overnight to publish the Consumer Protection Act, 2012. A copy is available now at the Haile Selassie Avenue Bookshop for Sh420 per copy. I am encouraging all of you to take a look - to understand what the Kenyan law, and not necessarily Cofek, sees consumer protection.Thanks for those of you who had supported our action.
Kind regards,

Stephen Mutoro
www...cofek.co.ke

From: Brian Munyao Longwe <blongwe at gmail.com>

To: smutoro at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Thursday, February 14, 2013 2:39 PM

Subject: Re: [kictanet] Off topic: COFEK

Opps, forgot to include link to the article I refer to:

http://www.cofek.co.ke/index.php?option=com_content&view=article&id=1360%3Awhy-government-printer-must-resign-from-office-&catid=1%3Alatest-news&Itemid=60

On Thu, Feb 14, 2013 at 2:17 PM, Brian Munyao Longwe <blongwe at gmail.com> wrote:
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:
Since when was it that an Act cannot be operationalized simply because it hasn't been printed by Govt printers?
Isn't there an electronic version of this Act that can be used/referred to in case of legal issues/action?
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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