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

Sat Dec 10 18:39:18 EAT 2016

On 10 Dec 2016 16:01, "Alex Watila via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

They would probably ask for a certificate from eacc

Or a bribe knowing what's at stake.

Regards,

Alex

*From:* kictanet [mailto:kictanet-bounces+awatila=yahoo.co.uk at lists.
kictanet.or.ke] *On Behalf Of *JImmy Gitonga via kictanet
*Sent:* Saturday, December 10, 2016 1:04 PM
*To:* awatila at yahoo.co.uk
*Cc:* JImmy Gitonga <jimmygitts at gmail.com>

*Subject:* Re: [kictanet] Update on the ICT Practitioners Bill - Get the
Facts Right

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/index.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-
rejects-ict-practitioners-bill#
<http://cio.co.ke/news/main-stories/government-of-kenya-rejects-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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