[kictanet] Update on the ICT Practitioners Bill - Get the Facts Right

Sat Dec 10 13:12:20 EAT 2016

Question: What mechanisms are going to be used to ascertain that a person
meets the requirements of 15(d)?

My question is based on the possibility is that the Council could decide to
arbitrarily choose any one to be a practitioner based on any criteria
chosen by the Council. We would be led to believe that the people sitting
in the council are of "good moral character and a fit and proper" to pass
fair judgement. In Kenya, what does that statement mean?

On Sat, Dec 10, 2016 at 1:04 PM, JImmy Gitonga <jimmygitts at gmail.com> wrote:

> Mr. Kamotho wa Njenga,
>
> Here are my concerns.
>
> It is clear we all agree on that quacks should not be present in the
> industry. The word 'quack' is largely used the medical fraternity for
> people who look like doctors, act like doctors and talk like doctors. We
> have had of a few of these cases in this country. And the medical field
> does have the Kenya Medical Practitioners and Dentists Board. So we can
> also agree that quacks are not done away with boards or bills that are set
> up to make sure only certified practitioners were in the field. Quacks
> appear do to a different problem.
>
> then there is the matter of PART III - REGISTRATION OF ICT PRACTITIONERS
> in the proposed bill.
>
> 15. A person shall be eligible for registration under this Act as an ICT
> practitioner if the person -
> ...
> (d) satisfies the Council that he or she is a person of good moral
> character and a fit and proper person to be registered under this Act.
>
>
>
>
> On Sat, Dec 10, 2016 at 7:25 AM, <kictanet-request at lists.kictanet.or.ke>
> wrote:
>
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>> Today's Topics:
>>
>>    1. Re: Update on the ICT Practitioners Bill - Get the Facts
>>       Right (Ali Hussein)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Sat, 10 Dec 2016 07:23:23 +0300
>> From: Ali Hussein <ali at hussein.me.ke>
>> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>> Subject: Re: [kictanet] Update on the ICT Practitioners Bill - Get the
>>         Facts Right
>> Message-ID: <8AEC01A2-6299-42D5-8E15-001028BAD0EE at hussein.me.ke>
>> Content-Type: text/plain; charset="utf-8"
>>
>> Kamotho
>>
>> Personal attacks will not deter me or others from saying it as it is:-
>>
>> That the very idea of this bill is flawed - Democracy followed or not.
>>
>> I would like to address your claims/comments one by one:-
>>
>> 1. I didn't attend meetings hence I have given my 'representatives' a raw
>> deal. Firstly I do not claim that I was anointed. When we first attended
>> (Grace Bomu, Walubengo and Myself) the meeting at KEPSA to discuss this
>> bill and it's implications we simply said we were Kictaneters and were
>> there as such. Anyone else on this list was free to attend as this meeting
>> was discussed on the list. I or Grace Bomu attended several meetings
>> including the one which was chaired by John Omo at CCK and the
>> Parliamentary Committee meeting where you also attended. Subsequently I
>> contributed substantially to online discussions between the then 'Coalition
>> of the willing' which comprised of KICTANet members, Bake, KEPSA, MOICT and
>> iHub. The fact that I didn't attend some physical meetings doesn't at all
>> negate my participation and contribution. However, that I do not need to
>> justify to you. I'm merely putting forward my thoughts.
>>
>> Who do you represent Kamotho? Since this issue of representation is a
>> door you have opened. Who is ICTAK? A quick look at the website doesn't
>> tell me much as to who are the bona fide members and officials of the
>> Association, when were they elected/appointed, how long is their term and
>> when is the next election or appointments? How about the management?
>>
>> http://www.ictak.or.ke/
>>
>> The reason I ask this is since you or ICTAK to be specific purport to
>> represent the ICT Community in this country then proof of mandate is
>> important don't you think?
>>
>> A quick cursory search online to look at how such associations operate
>> took me to this site:-
>>
>>  http://www.aiita.org/ of the All India IT Association. The information
>> there in is instructive. From the Board of Directors to Management, this
>> information is missing on the ICTAK site,
>>
>> Or ISACA (https://www.isaca.org/) whose local chapter holds regular
>> elections.
>>
>> Or the U.K IT Association (http://members.ukita.co.uk/in
>> dex.php?option=com_acymailing&ctrl=archive&task=view&mailid=
>> 48&key=d804decf5d06e74e2b30819cd84db9e8&Itemid=66) which holds annual
>> AGMs.
>>
>> 2. On point 2 I begin by quoting you on your email:-
>>
>> 'Deliberations proceeded in good faith. Needless to state, this Bill like
>> any other is not a matter of life and death.'
>>
>> My brother, for some of us IT IS a matter of life and death. Imagine
>> waking up one morning and you have been legislated out of your profession
>> or business because of an organization that purports to represent you and a
>> government that is supposed to be a 'Digital Government' sitting by as a
>> bystander and seemingly powerless to defend the very people they have been
>> purporting to protect, defend and promote.
>>
>> You like any other Kenyan has a right to promote any bill whatsoever. In
>> the same breath, I and any other Kenyan has a right to oppose it if we feel
>> it will curb our ability to earn a decent living and protect our families.
>> Make no mistake about it this bill is a matter of life and death for some
>> of us.
>>
>> 3. Another quote from you to emphasize my point on my hardline stand.
>>
>> 'Parliament would be within its mandate to pass the Bill intact, to amend
>> it or to reject it altogether.'
>>
>> So why then are we wasting time in deliberations? Why legitimize a
>> process so that you guys can go back and say 'We consulted and hence this
>> bill is a good place to start and has the blessings of the community.' I'm
>> sure I'm speaking to the majority listers when I say this is unfair and
>> flawed.
>>
>> This country has a habit of using certain clauses of our new constitution
>> to justify nefarious actions, we will simply not stand for it and be seen
>> to be powerless or do anything about it. One that is used to devastating
>> effect is this issue of public participation. WCIT12, Dubai, is still fresh
>> in my mind where the previous ICT Ministry officials led by Dr. Ndemo was
>> instrumental in engaging all stakeholders in crafting a Multi-Stakeholder
>> Position on ITRs. This position was then changed by the new regime that
>> replaced Dr. Ndemo. They did not even have the decency to inform the
>> community. This impunity must stop. Government is supposed to represent the
>> people and when this is abused it is a serious matter indeed. Some history
>> here is important:-
>>
>> http://lists.kictanet.or.ke/pipermail/kictanet/2012-December/018900.html
>>
>> And if I speak alone on this so be it because Tyranny is Tyranny whether
>> it is executed by a minority or a majority.
>>
>> 4. To quote you..again:-
>>
>> My humble understanding is that KICTANet is a serious platform where
>> listers are at liberty to exchange ideas that are supportive of ICT
>> sectoral progress. To this end wisdom should flow unfettered. This imposes
>> a responsibility to ensure that information supplied is factual, evidence
>> based and not merely driven by a passion for online flamboyance. In the
>> alternative, this forum could easily degenerate to mediocrity of
>> proportions only comparable to that of third rate blogs. God forbid!
>>
>> Indeed Ndugu Kamotho. The fact that we disagree and can express ourselves
>> in the very list where the majority who have contributed to this discussion
>> have opposed this bill is in itself a testament to the maturity that
>> listers have demonstrated. If at any time I have come across as opinionated
>> it is because sometimes I am. :-) It is a flaw that I work hard every day
>> to tamper. I am after all human. :-) and I do apologize to anyone that I
>> might have rubbed the wrong way. Including you my brother. I believe that
>> we are mature enough to enjoy a mug of Malindi Macchiato (my favorite drink
>> at Java) and are free to disagree over it? :-)
>>
>> 5. Lastly the ICT CS, Government Spokesperson have been categorical
>> publicly in rejecting this bill.
>>
>> http://cio.co.ke/news/main-stories/government-of-kenya-rejec
>> ts-ict-practitioners-bill#
>>
>> Positions may have changed since then and it is the onus of this
>> government to tell us if in fact their position has changed, what
>> precipitated it and what is the new position.
>>
>> Ali Hussein
>> Principal
>> Hussein & Associates
>> +254 0713 601113
>>
>> Twitter: @AliHKassim
>> Skype: abu-jomo
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>>
>> "Discovery consists in seeing what everyone else has seen and thinking
>> what no one else has thought".  ~ Albert Szent-Gy?rgyi
>>
>> Sent from my iPad
>>
>> ******************************************
>>
>
>
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