[kictanet] [ISOC_KE] Kenya's Internet domain market is set for a shakeup

Wed Jan 29 20:42:38 EAT 2014

Listers,

It is unfortunate that the greatest casualty here is going to be .KE!
Personally, I would urge all stakeholders to seek national consensus on this. Kenya and indeed KeNIC has a tremendous opportunity to deliver for the . KE brand, and lead in the region, but it needs our support, our collective support!

Having said that, let me also point out that there is no perfect model for ccTLD management, even ICANN does not prescribe one, but every country is challenged to seek through national consensus, a working model, that would promote uptake and growth of their ccTLD. All is not lost folks!

Regards 
Bob  

Sent from my iPad

> On Jan 29, 2014, at 7:08 PM, Ali Hussein <ali at hussein.me.ke> wrote:
> 
> Grace & Listers
> 
> I have reread the press release a second time and something has struck me as odd.
> 
> 1. Isn't Kris Senanu a Board Member? Should TESPOK (forgive me for being graphic) be pissing in the house that they have built? Shouldn't they piss when they are out? - that they would probably get less of the smell...just saying..
> 
> 2. TESPOK has been very silent over the years when things have really hotted up at KENIC. As a key stakeholder why haven't they been at the forefront of change? ( As a former board member I know they have been an agent of change) Why now? Why is TESPOK suddenly found its voice? What gives? 
> 
> 3. In the interest of corporate governance TESPOK should either quit the board or declare an all out war and fight from within. I suspect that is exactly what they have decided to do..
> 
> 4. Maybe..Just maybe CCK (or is it CAK?) has something here..Maybe we shouldn't be so quick to condemn them and let this process take its cause..
> 
> Where to .ke? 
> 
> Ali Hussein
> 
> +254 0770 906375 / 0713 601113
> 
> "I fear the day technology will surpass human interaction. The world will have a generation of idiots".  ~ Albert Einstein
> 
> Sent from my iPad
> 
>> On Jan 29, 2014, at 6:18 PM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>> 
>> Thanks @ James for sharing the press release. Kinda disturbing that TESPOK also feels there is no sufficient consultation. Did CCK not talk about consultations at KENIC board level? And by the way, where is that Strategy Document that KENIC promised to share with stakeholders?
>> 
>> @ Walu, my response to your question on whether the regulator needs to take on board public views is in the affirmative.  Stakeholder consultation in policy making process is no longer a favor. It is entrenched in our constitution. Time to start debating on how article 10 can be operationalized in policy making processes.  
>> 
>> 10. (1) The national values and principles of governance in this 
>> Article bind all State organs, State officers, public officers and all persons 
>> whenever any of them––
>> (a) applies or interprets this Constitution; 
>> (b) enacts, applies or interprets any law; or
>> (c) makes or implements public policy decisions.
>> 
>> Rgds
>> GG
>> Date: Wed, 29 Jan 2014 16:59:37 +0300
>> From: jgmbugua at gmail.com
>> Subject: Re: [kictanet] [ISOC_KE] Kenya's Internet domain market is set for	a shakeup
>> CC: kictanet at lists.kictanet.or.ke
>> To: ggithaiga at hotmail.com
>> 
>> 
>> 
>> “Industry voice in Telecommunications, Providing Policy and Direction
>> 
>> within the Industry and Government”
>> 
>> 
>> 
>> PRESS RELEASE
>> 
>> Proposed CCK changes to commercialize ‘.ke’ internet identity
>> 
>>  
>> 
>> Nairobi, 29th January 2014….Players in the telecommunications service industry are raising concerns over the manner in which the Kenyan government is  proposing to handle the Commission Authority  of Kenya, transition out of KENIC- the .ke domain manager.
>> 
>> The .ke domain registry has two guarantor shareholders, the industry lobby group Telecommunications Service Providers Association of Kenya (TESPOK) and Communications Authority of Kenya formerly CCK. While lauding the move to have the regulator step down from the board of the domain manager there is a need to ensure smooth institutional transition and service delivery.
>> 
>> The association through its Chairman Mr. Kris Senanu says the CAK should not feel that they can proceed to change the operations of the organization without due consultations. The official proposed structure is currently open for public input and consultations; a process expected to close on 10th February 2014. He adds that at no point in time has the CAK communicated to TESPOK the other partner in this arrangement on the proposal to commercialise .ke as announced in yesterday’s Business daily.
>> 
>> “If CAK attempt to take the commercialization approach without due consideration of TESPOK, we will have no choice but put ICANN on notice that any attempt at re-delegation does not have the support of the industry or any of the stakeholders.” says Mr. Senanu “We have no problem with CAK proposing another government entity to take up the government involvement but will not support commercialization.”
>> 
>> The Internet Corporation of Assigned Names and Numbers (the ICANN), as part of the administrative functions associated with management of the domain-name system root, is responsible for receiving requests for delegation and re-delegation of top-level domains, investigating the circumstances pertinent to those requests, and reporting on the requests. In May 2000, a group of Kenyan Internet stakeholders led by TESPOK launched an initiative to form a participatory, community-based non-profit organization located in Kenya to manage both the administrative and technical aspects of the .ke ccTLD registry.
>> 
>> The result of these consultations was the Kenya Network Information Center, Limited (KENIC), organized under Kenyan law as a company limited by guarantee (a not-for-profit entity). In addition to performing the technical, administrative, and policy-setting functions for the .ke registry, a stated objective of KENIC is to "promote, manage and operate the delegated .ke ccTLD in the interest of the Kenyan Internet community and being mindful of the global Internet community interest in consistent with ICANN policies."
>> 
>> Unfortunately, over the last five years interference of CCK in the day to day operations of KENIC has seen the organization experience unprecedented turnover of both Board and staff; with 5 CEO changes. The functions of KENIC have continued to be delivered because TESPOK maintained its commitment to the local industry as per the ICANN Agreement to provide technical and logistical support to the .ke manager.  It is important for CAK to give the .ke ccTLD manager the opportunity to deliver on agreed key deliverables that have not been met in the last five years. Commercialization is not a solution to meeting the identified and agreed industry gaps within the local internet community.
>> 
>> TESPOK has both the technical and administrative resources necessary to continue as a sole guarantor of the ccTLD if and when CAK pulls. It has provided such support in the past. This will evidently lead to consolidating the Internet technical community shared resources under one umbrella body; a move very similar to, the consolidation of the various government agencies handling government ICT deployment and implementation under the Kenya ICT Authority. The scenario would then consolidate KENIC (the .ke manager), KIXP (Africa’s fastest growing Internet Exchange Point) and I-CSIRT (Internet Computer Security Incident Response Team) under the TESPOK stewardship.
>> 
>> 
>> 
>> On Tue, Jan 28, 2014 at 11:11 AM, Walubengo J <jwalu at yahoo.com> wrote:
>> --------------------------------------------
>> On Tue, 1/28/14, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>> @Walu, in your opinion, is this exercise of CCK  soliciting for comments an exercise in futility? How do
>>  ensure that stakeholders' input is taken on board?
>> 
>> @GG,
>> 
>> CCK exercise for public comment is not in vain.  However, they retain the sole perogative or exclusive right on what goes into or out of the published regulations. In other words, even if they agreed with your comments, YOU still do not decide that they are adopted - THEY decide.  This is the traditional top-down approach that has so very well worked for the Telco sector.  Not sure if it is a good idea for the Internet sector where the bottom-up (consensus) approach is considered the norm.
>> 
>> Indeed this is "silent" coup that is unfolding. As commercial entities focus on scrambling to be the winning bidder for the domain management, they indirectly trade in their traditional "bottom-up consensus" governance structure for "top-bottom"  approach practiced globally by governments. Whether this is good or bad will depend on how the Regulator exercises their extended powers into this sector.
>> 
>> How to ensure Regulator takes on board public views? Maybe a better question would be - do they have to? :-)
>> 
>> walu.
>> 
>> 
>>  Subject: [ISOC_KE] Kenya's Internet domain market is set for a shakeup
>>  To: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>, "isoc at orion.my.co.ke" <isoc at orion.my.co.ke>
>>  Date: Tuesday, January 28, 2014, 8:55 AM
>> 
>> 
>> 
>> 
>>  http://www.nation.co.ke/oped/blogs/dot9/Kenyas-Internet-domain-market-is-set-for-a-shakeup/-/1959700/2162422/-/15nmc0nz/-/index.html
>>  "The
>>  regulator, CCK, has published draft framework and
>>  regulations that would
>>  shake up the internet domain market in Kenya. Whereas it has
>>  been its good practice to invite public comments on draft
>>  regulations, it is rare that CCK will change too much from
>>  what it has already drafted".
>> 
>> @Walu, in your opinion, is this exercise of CCK
>>  soliciting for comments an exercise in futility? How do
>>  ensure that stakeholders' input is taken on board? Well,
>>  I know this might be a rhetorical question but
>>  still...
>> 
>>  -----Inline Attachment Follows-----
>> 
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