[kictanet] Critical Infrastructure Protection Bill and Policy for you Review and Comments

[Kamotho Njenga]

Thanks Phyllis for sharing the documents.

There is no doubt that  a lot of effort has been expended into this
exercise. As much as possible I would have really wished to extend my
compliments, but I am constrained in view of the following among other
issues:

1. The mandate of the task force was couched in the following terms: "*It
is notified for the general information of the public that the Cabinet
Secretary, Ministry of Information Communication and Technology has
appointed a task-force for the formulation of the Critical Infrastructure
Bill under the **Kenya Information and Communications Act." *(Emphasis
mine). However hard one tries, it is still difficult to trace the ICT
factor within the content of the Bill. My estimation was that the bill
would bring out specific action points that would make it convenient and
safe to deploy ICT infrastructure. At the least I expected a firm position
on the perennial headache of technology way leaves

2. The Bill inclines heavily to the routine issues of infrastructure
security and the attendant penalties which are adequately provided for in
the Penal Code. In fact it goes ahead to introduce draconian sentences for
controversial  Take for instance Section 41 (3) which is framed as follows:
"*An inspector may arrest, without a warrant, any person whom he suspects
upon reasonable grounds of having committed any offence under this Act and
may search and detain such a person" *or Section 39 which reads: *Any
person convicted of any offence in this Act, where no penalty is provided
shall be liable, on conviction, to a fine of not less than ten million
shillings or to imprisonment for a term of not less than fifteen or to
both. *If basic constitutional advice was sought, it would have been
established that these and many other clauses are untenable.

3. The drafters of the bill openly confess that theirs was a mission to
craft a security bill and not an ICT related bill. This is evidenced by the
large signing space prepared for none other than Hon. Nkaissery, the CS for
Interior and Coordination. While there is nothing wrong in pulling together
as brothers, how on earth does a task force appointed by the CS for ICT end
up generating a bill for the Interior ministry with no apologies? If you
sat in that committee... please, is this the way you treat the hand that
massages you? Have you made arrangements with the interior ministry so that
on its own motion it will reciprocate and give us an ICT related bill?

Kamotho

On Tue, Sep 1, 2015 at 3:56 PM, Phyllis Nyambura via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Listers,
>
> Today, the *Critical Infrastructure Protection Bill and policy *were handed
> over to the Cabinet Secretary, Dr Fred Matiangi,  and will be in Parliament
> soon. You can review both documents as below:
>
> http://www.icta.go.ke/downloads/CIP_DRAFT_POLICY.pdf
>
> http://www.icta.go.ke/downloads/critical-bill.pdf
>
> Press Release: www.icta.go.ke
>
>
> Comments can be sent to critical at ict.go.ke
>
>
>
>
> Kind Regards,
> Phyllis Nyambura
> Communication Writer
> The ICT Authority
>
> Telposta Towers, 12th Floor, Kenyatta Ave
> P.O. Box 27150 - 00100 Nairobi, Kenya
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>
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