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

Wed Sep 2 12:17:44 EAT 2015

Hi Kamotho,

Your observations make sense. I have taken some time to glimpse
through the documents as well as skim through the website. I just have
the following humble observation to make:
1. Composition of the task force: (It is on this basis that the
government and the private sector have considered it necessary to come
up with a legislation to guide the implementation and management of
this critical infrastructure.

Given the fact that this Critical Infrastructure affects both the
Public and Private sectors in the delivery of services, the Ministry
of ICT saw the need to form a taskforce with representation from both
sectors.  Ministry of Transport and infrastructure together with
Ministry of Energy are considered the major implementers of key
infrastructure in government and were therefore picked to represent
the public sector.) I stand to be corrected but i have noticed that
the task force is made up of members of the Public ( read Government)
and Private Sector.
Kenya is a global leader in ICT Policy developement and we have always
been praised for being a great example in so far as multi
stakeholderism is concerned. The current ICT pollicy was developed
through the same process that brought together government, private
sector, civil society and academia. From the current committee i am
unable to see representation from academia and civil society which in
my humble opinion are critical cogs in the multi-stakeholder process.
Be that as it may, i could be wrong but in future, let us consider all
stakeholder groupings to avoid unnecessary suspicions and misgivings
that could have been resolved through wider consultative processes.
Finally i hope we can consider building proper conduits that can allow
easy and proper enforcement of the above mentioned bills otherwise as
it stands road contractors and other well meaning citizens might find
themselves on the wrong sides of the law and as we know very few can
afford the 10 million shillings fine and Justice be our shield and
defender will come to naught. From a Security standpoint the bill is
well thought.

Best Regards

On 9/1/15, Kamotho Njenga via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> 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
>> t: + 254-020-2211960/62 | m: + 254 (0) 789396433 | e: pnyambura at ict.go.ke
>> Email: info at ict.go.ke or communications at ict.go.ke
>>
>> Visit: www.icta.go.ke <http://www.ict.go.ke/>
>> Become a fan: www.facebook.com/ICTAuthorityKE
>> <http://www.facebook.com/kenyaictboard>
>> Follow us on twitter: @ICTAuthorityKE
>> ---------------------
>>
>>
>> ICT Authority
>>
>> Telposta Towers 12th Floor,  Kenyatta Ave
>>
>> PO Box 27150 - 00100  Nairobi Kenya
>>
>> Tel: +254 20 2211960
>>
>> www.icta.go.ke
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/kamothonjenga%40gmail.com
>>
>> 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.
>>
>

-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/