[kictanet] Off topic: COFEK

Wed Feb 20 22:25:33 EAT 2013

Well not really. I wouldn't say that.
The day it was gazetted is the date of publishing not the printing date. This is the procedure usually. An Act is published but only takes effect upon certain events happening such as the commencement date or even creation of the statutory bodies established under the Act. I wouldn't call the CP Act irrelevant given that 90 days from the publishing date or the Minister setting a date, whichever is the earlier it shall take effect.
Ken
Sent from my BlackBerry®

-----Original Message-----
From: Mark Mwangi <mwangy at gmail.com>
Date: Wed, 20 Feb 2013 22:19:51 
To: Ken<kenkenyaworld at gmail.com>
Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
Subject: Re: [kictanet] Off topic: COFEK

@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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>>
>> --
>> 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
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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
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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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