[kictanet] Off topic: COFEK

Wed Feb 20 22:19:51 EAT 2013

@Ken so printing it physically is irrelevant?

On Wed, Feb 20, 2013 at 10:13 PM, Ken <kenkenyaworld at gmail.com> wrote:

> 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 <http://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:
>>
>>    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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>> sector in support of the national aim of ICT enabled growth and development.
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>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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>>
>>
>>
>> --
>> Best regards,
>> Odhiambo WASHINGTON,
>> Nairobi,KE
>> +254733744121/+254722743223
>> _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
>> I can't hear you -- I'm using the scrambler.
>>
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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.
>>
>>
>>
>>
>>
>> --
>> Best regards,
>> Odhiambo WASHINGTON,
>> Nairobi,KE
>> +254733744121/+254722743223
>> _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
>> I can't hear you -- I'm using the scrambler.
>>
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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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>>
>> 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.
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
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>>
>> Unsubscribe or change your options at
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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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>>
>> 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.
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
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>>
>> Unsubscribe or change your options at
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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.
>>
>
>
>
> --
> Regards,
>
> Mark Mwangi
>
> markmwangi.me.ke
>
>
>
>
>

-- 
Regards,

Mark Mwangi

markmwangi.me.ke
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