[kictanet] National ICT Policy Discussions: Day 9 of 10: Institutional, Legal & Regulatory Framework

Walubengo J jwalu at yahoo.com
Mon Jul 4 12:50:51 EAT 2016 

@Alex,
Am not a ministry guy so will not speak on their behalf. However, just to point that mandates of various government agencies are always defined in their respective Acts.  A good place for these acts is always :Kenya Law: Home Page

  
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Kenya Law: Home Page
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But since I know most folks wont search. I can share my understanding of the reading.
1. Minstry of ICT: deals in all ICT Policy, Legal, Regulatory & Implementation  matters. The ministry has specialized in some cases semi-autonomous agencies to help it carry out this huge mandate.
a) National Comm Secretariate (NCS): Advices ICT minister on ICT Policy matters. b) Regulator: Develops and enforces ICT regulations c) Universal Service  Advisory Council: Works with regulator to achieve universal serviced) ICT Authority: works with ministry to spread ICTs within government/public sector, while marketing Kenya as an ICT destination.(ref: took over eGov+ICT Board functions)e) PCK: National Postal Service providerf) Parliamentary Committee on  ICT (not sure if still combined with Transport) but this committee deals with anything and everything ICT in the country.  If you have scandals to report or a bill to propose, you have to start here and treat the MPs otherwise you are headed nowhere :-)
Some other relevant bodies:g) Media Council of Kenya:-self-regulatory body for the media, they have a complaints committee in case u feel aggrievedh) Multimedia Appeals Tribunal:-mostly used by operators who feel aggrieved by the regulators rulings.
One thing that seems to be missing out is ofcourse is the role (if any) of ICT professional bodies and Civil Society Organisation (CSO) in the ICT sector. We do have several ICT professional bodies such as ISACA-Kenya, ICT Assoc of Kenya, Computer Soc of Kenya, KEPSA - ICT Forum?, KITOS amongst others. 
The Civil Society groups I have come across in this space so far include KICTAnet, Article 19, Mzalendo etc.
How these groups link up and contribute to the national ICT discourse seems to be left to how well they know the incumbents at the ministry.  Perhaps we may need to formalize this relationships at a policy level to avoid future ministers deciding how well to engage or ignore these groups.
walu.

      From: Alex Watila via kictanet <kictanet at lists.kictanet.or.ke>
 To: jwalu at yahoo.com 
Cc: Alex Watila <awatila at yahoo.co.uk>
 Sent: Monday, July 4, 2016 11:22 AM
 Subject: Re: [kictanet] National ICT Policy Discussions: Day 9 of 10: Institutional, Legal & Regulatory Framework
   
#yiv6095843729 #yiv6095843729 -- _filtered #yiv6095843729 {font-family:Helvetica;panose-1:2 11 6 4 2 2 2 2 2 4;} _filtered #yiv6095843729 {font-family:Wingdings;panose-1:5 0 0 0 0 0 0 0 0 0;} _filtered #yiv6095843729 {panose-1:2 4 5 3 5 4 6 3 2 4;} _filtered #yiv6095843729 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;}#yiv6095843729 #yiv6095843729 p.yiv6095843729MsoNormal, #yiv6095843729 li.yiv6095843729MsoNormal, #yiv6095843729 div.yiv6095843729MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;}#yiv6095843729 a:link, #yiv6095843729 span.yiv6095843729MsoHyperlink {color:blue;text-decoration:underline;}#yiv6095843729 a:visited, #yiv6095843729 span.yiv6095843729MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv6095843729 p {margin-right:0in;margin-left:0in;font-size:12.0pt;}#yiv6095843729 p.yiv6095843729MsoListParagraph, #yiv6095843729 li.yiv6095843729MsoListParagraph, #yiv6095843729 div.yiv6095843729MsoListParagraph {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;margin-bottom:.0001pt;font-size:12.0pt;}#yiv6095843729 span.yiv6095843729EmailStyle18 {color:#1F497D;}#yiv6095843729 .yiv6095843729MsoChpDefault {font-size:10.0pt;} _filtered #yiv6095843729 {margin:1.0in 1.0in 1.0in 1.0in;}#yiv6095843729 div.yiv6095843729WordSection1 {}#yiv6095843729 _filtered #yiv6095843729 {} _filtered #yiv6095843729 {font-family:Symbol;} _filtered #yiv6095843729 {} _filtered #yiv6095843729 {font-family:Wingdings;} _filtered #yiv6095843729 {font-family:Symbol;} _filtered #yiv6095843729 {} _filtered #yiv6095843729 {font-family:Wingdings;} _filtered #yiv6095843729 {font-family:Symbol;} _filtered #yiv6095843729 {} _filtered #yiv6095843729 {font-family:Wingdings;}#yiv6095843729 ol {margin-bottom:0in;}#yiv6095843729 ul {margin-bottom:0in;}#yiv6095843729 Dear All,Could the representatives of egov, icta, CA, Min of ICT clarify share their main mandates to make the discussion more informed.  I also still have the feeling that other relevant bodies need to be roped in so that the policy is aligned .e.g.·         Standards – KEBS is the custodian of ISO related standards that include many with impact on ICT. E.g. Information Security Management Standards, Record Management Standards, IT Services Management etc·         Archiving – we discussed the role of KCB but also Kenya National Archives has a mandate and needs to be encouraged to provide this archived information in a digital format.  Regards,  Alex    From: kictanet [mailto:kictanet-bounces+awatila=yahoo.co.uk at lists.kictanet.or.ke] On Behalf Of Ali Hussein via kictanet
Sent: Monday, July 4, 2016 10:46 AM
To: awatila at yahoo.co.uk
Cc: Ali Hussein <ali at hussein.me.ke>
Subject: Re: [kictanet] National ICT Policy Discussions: Day 9 of 10: Institutional, Legal & Regulatory Framework  @Walu and all  I have always find it very confusing to remember all the various players and their roles in the ICT Ministry. Might there be a justification to rationalize them? Like the process that the eGovernment Dept and the predecessor to the ICT Authority went through?   The other issue is one of independence and confusion of the different players in the sector. We see the CA sometimes dabbling in policy and the Ministry in regulations. Sometimes the line is murky true..but we must endeavor to respect those roles.   How does the policy address this issue?   Ali HusseinPrincipalHussein & Associates+254 0713 601113 / 0770906375  Twitter: @AliHKassimSkype: abu-jomoLinkedIn: 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-Györgyi

Sent from my iPad
On 4 Jul 2016, at 8:58 AM, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke> wrote:
Listers,   @Barrack had introduced the above theme over the weekend but looks like folks were on a family day off. So agreed to have today to see if we can get views on this matter and then wrap up everthting tomorrow.----Day 9 of 10: Institutional, Legal & Regulatory Framework Role of Regulator, USAC, CERTs, NCS, ICTA, PCK, CSO, Professional Bodies etcNeeded Legislation, Data Protection, eTransaction, Intermediary Liability etc  The Background:Now that we have discussed most of the issues, it is time to look at the governance framework for the same. Traditionally, the key governance actors have been the ICT Parliamentary Committees, the ICT Ministry, the National Communication Secretariate (NCS), the ICT regulator, the ICT Authority, the ICT (Multimedia) Appeals Tribunal,etc.  The market players have been the Operators, Postal Agency, Courier Services, Application Service Providers.  Have these entities worked well for us or do we want to delete, add or restructures some of them?  Is there a need to define and bring in specific roles for Professional bodies, Civil Society and others within the ICT space?  What are the legal & regulatory gaps we find moving forward?  We have 1 Day on this as usual.  walu.

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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.

  
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