[kictanet] ICT Authority Proposal to act on Quacks proper and within Legal Mandate

[Kamotho Njenga]

Ali,

Its always fine to push our arguments and convictions with passion, but
let's be careful not to run into the tide of emotions. I have simply stated
the legal position which in this instance clearly favours the action path
proposed by ICTA.

Since you have mentioned the ICT Practitioners Bill and christened me with
the "sponsor" title, I will attempt to briefly set the record straight:

1. The moment the Bill was published, it became a public document; (no
longer "Kamothos"/whoever's) Bill

2. Stakeholders held several sessions that deliberated on the Bill and as a
representative of KICTANET you individually participated under the banner
of KEPSA

3. Various stakeholders (MOICT, ICTAK, KEPSA, CA among others) had an
opportunity to ventilate their views either in support or disapproval of
the various clauses contained in the Bill in a very cordial and respectful
manner.

4. At the final meeting held with the Parliamentary Committee on Energy and
ICT, stakeholders reviewed the Bill on a clause by clause basis whereby we
unanimously agreed to drop all the clauses deemed to be controversial by
any of the stakeholders.

5. In the end, only about 40% of the content of the earlier version was
retained in the final version

6. Stakeholders agreed to cede the final verdict on the revised version of
the Bill to the Parliamentary Committee.

7. In light of the vast amendments proposed by stakeholders, (More than
50%) of the original version, the Committee has various options including
recommending the redrafting of the Bill or to have the Bill withdrawn
altogether. The whole House will then proceed to make the final resolution

8. The decision arrived at by Parliament in its wisdom is what we will
abide by, since this is what constitutional democracy is about.

Kamotho

On Fri, Dec 2, 2016 at 5:16 PM, Ali Hussein <ali at hussein.me.ke> wrote:

> Kamotho
>
> For arguments. Say what you are saying is in order why then are you
> sponsoring an ICT Practitioners' Bill? Are you then not abrogating the role
> of ICTA?
>
>
> *Ali Hussein*
>
> *Principal*
>
> *Hussein & Associates*
>
>
>
> Tel: +254 713 601113
>
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>
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> 13th Floor , Delta Towers, Oracle Wing,
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> On Fri, Dec 2, 2016 at 5:01 PM, Kamotho Njenga via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Fellow Listers,
>>
>> The proposal by the ICT Authority to rein on quacks is actually overdue
>> if ICTA's legal mandate is anything to go by. On the basis of Legal Notice
>> 183 of 2013 and Legal Notice 198 of 2013, the functions of ICTA are as set
>> out below: I have listed all and boldly highlighted the ones that are most
>> significant in light of the current conversation.
>>
>> (a) *set and enforce ICT standards & guidelines for human resource,
>> infrastructure, processes, systems and technology for the public office and
>> public service* and;
>>
>> (b) deploy and manage all ICT staff in the public service;
>>
>> (c) *facilitate and regulate the design, implementation and use of ICTs
>> in the public service;*
>>
>> (d) promote ICT literacy and capacity;
>>
>> (e) promote e-Government services;
>>
>> (f) facilitate optimal electronic, electronic form, electronic record and
>> equipment use in the public service; promote ICT innovation and enterprise;
>>
>> (h) *establish, develop and maintain secure ICT infrastructure and
>> systems*
>>
>> (i) *supervise the design, development and implementation of critical
>> ICT Projects across the public service.*
>>
>> (j) implement and manage the Kenya National Spatial Data Initiative
>>
>> As long as the ICT Authority operates within its lawful mandate and
>> adopts a consultative approach, we owe them some measure of support rather
>> than castigation.
>>
>> Kamotho
>>
>>
>>
>>
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