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

Mon Jul 4 12:54:55 EAT 2016

@ Walu,

I agree , i heard that recently there was a motion in parliament on
ICT Professional bodies, anyone with an idea on whether this was true?

Best Regards

On 7/4/16, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> @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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> 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
>
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> 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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Barrack O. Otieno
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