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

Thu Jan 30 13:12:57 EAT 2014

@GG,
you recall that our  constitution was meant for "wanjiku". and so it is shall be followed by the "wanaanchi"  but not necessary by the "wenyeinchi". 
the constitution is as good as the lawyers that "wenyinchi" can easily afford...as long as you can prove you followed the "letter" but not necessarily the "spirit" of the law, you can easily overcome article 10 - unless ofcourse it is enhanced by supplimentary legislation/Act of Parliament.

@James
thanx for the share. TESPOK does bring in not new, but a surprising dimension.  As current board members of KENIC I was thinking they were reading from the same page with regulator CCK (now CAK? - will take time to get used that this).

walu.
--------------------------------------------
On Wed, 1/29/14, Grace Githaiga <ggithaiga at hotmail.com> wrote:

 Subject: Re: [kictanet] [ISOC_KE] Kenya's Internet domain market is set for a shakeup
 To: jwalu at yahoo.com
 Cc: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>
 Date: Wednesday, January 29, 2014, 6:18 PM

 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.
 RgdsGG
 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...

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 interested and involved in ICT policy and regulation. The
 network aims to act as a catalyst for reform in the ICT
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 KICTANetiquette : Adhere to the same standards of acceptable
 behaviors online that you follow in real life: respect
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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.