[kictanet] Cyber Bill

Wed Dec 30 16:42:30 EAT 2015

Ali and all,
I understand that these are regulations (subsidiary legislation) meaning
that they are just meant to make implementation of the main law (KICA)
smoother. According to the provisions of the Statutory Instruments Act, the
same will still go to Bunge for scrutiny. That said, it is more useful to
have wide consultations before the Regulations are finalised.
I admit that I did not have enough time to go through all the regulations
after the message was posted here. I join in asking the Regulator to
consider the following so as to make the process more meaningful:
a) Have a stakeholder's forum (even online) to take stakeholders through
the rationale for the Regulations. I believe this forum has many people who
are interested in critiquing the Regulations from an informed point of
view.
b) Give stakeholders a bit more time to consider and give input to the
Regulations, say a least two -three weeks in January
c) Publish the Regulations with incorporated amendments (if any) before
taking them to Parliament for scrutiny
Regards,

2015-12-30 16:01 GMT+03:00 Kipkemoi Kiptum via kictanet <
kictanet at lists.kictanet.or.ke>:

> President Ulysses S. Grant (General(Retired))
> First Inaugural Address
> Washington, DC
> Thursday, March 4, 1869
>
> Citizens of the United States:
>
> Your suffrages having elected me to the office of President of the United
> States, I have, in conformity to the Constitution of our country, taken the
> oath of office prescribed therein. I have taken this oath without mental
> reservation and with the determination to do to the best of my ability all
> that is required of me.
> ...
>
> [snip - but not so we loose the message]
>
> ...
>
> I shall on all subjects have a policy to recommend, but none to enforce
> against the will of the people. Laws are to govern all alike—those opposed
> as well as those who favor them. *I know no method to secure the repeal
> of bad or obnoxious laws so effective as their stringent execution. *
>
> *Kip*
>
> *A Cruce Salus*
>
>
> On Wed, Dec 30, 2015 at 2:54 PM, Waithaka Ngigi via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Ali,
>>
>> It's a trend that's currently happening across the board where the most
>> extreme version of the laws becomes *default‎* and it's only watered down
>> after protests and legal suits.
>>
>> Very unfortunate.
>>
>> Waithaka Ngigi
>>
>> Alliance Technologies
>> www.at.co.ke
>> *From: *Ali Hussein
>> *Sent: *Wednesday, December 30, 2015 2:08 PM
>> *To: *KICTAnet ICT Policy Discussions
>> *Cc: *Waithaka Ngigi
>> *Subject: *Re: [kictanet] Cyber Bill
>>
>> Waithaka
>>
>> You raise critical issues. My sense is that before any law or amendment
>> is drafted for 'public debate' (more on this in a minute) shouldn't the
>> constitutional threshold first be met?
>>
>> Shouldn't the drafters of these laws and amendments exhibit utmost good
>> faith in relation to the constitution? There is a lot in these drafts that
>> in my humble opinion just do not meet this threshold.
>>
>> On the issue of public debate/comments I have hit fatigue levels for one
>> simple reason.
>>
>> *The lack of transparency in the very process of public comments.*
>>
>> Is there someone on this list who can educate us on this process? My
>> questions:-
>>
>> 1. What happens after the comments/debate period expires?
>> 2. Are people's comments incorporated?
>> 3. Do we receive any feedback regarding our comments?
>>
>> Please educate us on this.
>>
>> The WCIT12 issue is still fresh in some of our minds. The community was
>> engaged vigorously by the previous regime headed by then Minister Poghisio
>> and his PS, Dr. Ndemo. I was in the Kenya Delegation when Dr. Ndemo
>> declined to sign the new treaty due to major issues of contention one of
>> which was Net Neutrality.
>>
>> Enter the new regime and we now hear the treaty was later signed by
>> Kenya. No explanation given. No announcement. Zilch.
>>
>> For the community to feel that their views are being taken into account
>> there needs to be transparency on how these comments/debates at
>> incorporated and decisions made even before they hit parliament for debate.
>>
>> My two cents.
>>
>> *Ali Hussein*
>> *Principal*
>> *Hussein & Associates*
>> +254 0713 601113 / 0770906375
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>> Blog: www.alyhussein.com
>>
>> "Discovery consists in seeing what everyone else has seen and thinking
>> what no one else has thought".  ~ Albert Szent-Györgyi
>>
>> Sent from my iPad
>>
>> On 30 Dec 2015, at 10:49 AM, Waithaka Ngigi via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Just wondering,
>>
>> While at it, why not just get the Red Star OS from North Korea and make
>> it the mandatory OS in Kenya‎?
>>
>> It is the *constitutional* right of every Kenyan‎ Citizen to PRIVACY
>> which can only be lifted through a very well detailed legal process.
>>
>> No act of parliament should attempt mass-collection of private data from
>> Kenyan citizens under the guise of fighting Cyber crimes.
>>
>> Waithaka Ngigi
>>
>> Alliance Technologies
>> www.at.co.ke
>> *From: *Josiah Mugambi via kictanet
>> *Sent: *Wednesday, December 30, 2015 10:07 AM
>> *To: *Ngigi Waithaka
>> *Reply To: *KICTAnet ICT Policy Discussions
>> *Cc: *Josiah Mugambi
>> *Subject: *[kictanet] Cyber Bill
>>
>>
>> http://www.standardmedia.co.ke/mobile/article/2000186538/new-law-tightens-noose-on-online-hackers
>>
>> Quite the uproar judging by the comments online.
>>
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>>
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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.
>

-- 
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu

<http://www.diplointernetgovernance.org/profile/GraceMutungu>
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