[kictanet] KENYA ICT PRACTITIONERS BILL NOW IN PARLIAMENT, PAY XXX PER YEAR FOR LICENSE TO PRACTICE

Tue Jul 5 21:37:48 EAT 2016

More .....

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(3) Subject to the provisions of this Act, a person shall not operate an
ICT firm unless-
(a) the firm has a certificate of registration of a business name or
certificate of incorporation;

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* Will all licencees currently under the Communications Authority of Kenya
from individual practitioners to Safaricom, Nokia etc first have to
register under this outfit?

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(b) the firm has at least one partner or principal shareholder who is
registered as an ICT practitioner and who has a valid practicing licence;
and

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*a practitioner can use his/her certificate to acquire stakes in as many
partnerships and companies?

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(c) the firm fulfills any other condition as may be stipulated by the
Council.

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* and there may more unspecified conditions.


On Tuesday, July 5, 2016, Collins Areba via kictanet <
kictanet at lists.kictanet.or.ke
<javascript:_e(%7B%7D,'cvml','kictanet at lists.kictanet.or.ke');>> wrote:

> ////// 37 : The Council may, upon consultation with the Cabinet
> Secretary, make regulations generally for the better  carrying into
> effect the provisions of this Act.
>
> In English this means: While these are the rules set out by this act, they
> are written in 2H graphite pencil. And we are custodians of the eraser.
>
>
>
> *From: *kictanet <kictanet-bounces+arebacollins=
> gmail.com at lists.kictanet.or.ke> on behalf of Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke>
> *Reply-To: *KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke
> >
> *Date: *Tuesday, 5 July 2016 8:50 pm
> *To: *Collins Areba <arebacollins at gmail.com>
> *Cc: *Ali Hussein <ali at hussein.me.ke>
> *Subject: *[kictanet] KENYA ICT PRACTITIONERS BILL NOW IN PARLIAMENT, PAY
> XXX PER YEAR FOR LICENSE TO PRACTICE
>
>
>
> Listers
>
>
>
> I know some discussions threads are going on about this but I thought to
> bring more focus to this issue by starting a thread with the appropriate
> subject line.
>
>
>
> 1.  Who was aware of this?
>
> 2. Who originated the Bill and how widely did they consult.
>
> 3. How was the ICT professional body that gets to appoint Council members
> arrived at? (Council members dictate who can b registred/derigistered).
>
> 4. Who exactly is an ICT practitioner...given that ICT is an ever evolving
> field with jobs of the future still being created.
>
>
>
> The floor is open.
>
>
>
> *Ali Hussein*
>
> *Principal*
>
> *Hussein & Associates*
>
> +254 0713 601113 / 0770906375
>
>
>
> 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-Györgyi
>
>
>
> Sent from my iPad
>
>
>
> Date: Tue, 5 Jul 2016 20:08:30 +0300
>
> Subject: Re: [kictanet] FW: [nairobilug] Draft National ICT policy
> From: kictanet at lists.kictanet.or.ke
> CC: wainaina at DigitalTVAfrica.com
> To: ggithaiga at hotmail.com
>
> This brings up the question of the Computer Society of Kenya (CSK) led by
> Waudo Siganga.....versus the new ICTAK led by Kamotho Njenga / Selasio
> Kiura.
>
>
>
> What was the criteria for picking which of these and any others will
> basically regulate the ICT "profession"?
>
>
>
> ------------
>
> ICTAK
>
> "While I did not intend to comment on the contents of the Bill, I can't
> help but notice that one ICT Association of Kenya will have the arduous
> task of appointing five (out of nine) people to the Council that will
> regulate professionals (Section 4). Pray tell, who is this association?"
>
>
>
>
>
> CSK
>
> (on their website)
> "The Computer Society of Kenya is the recognized association for
> Information, Communication and Technology industries and professionals in
> Kenya, attracting large and active membership from all levels of the IT
> industry and providing a wide range of services to its 6,000 + members."
>
>
>
> On Tuesday, July 5, 2016, Grace Mutung'u (Bomu) via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Interesting developments Alex.
>
> My initial reaction after reading the Bill is, questions questions
> questions:
>
> First of all, why would anyone conceive such an idea? To cure what
> problem? How will it better society as a whole? If indeed there was a
> problem to be addressed, couldn't the same have been dealt with in the
> policy process first? Assuming this Bill emanated from the Ministry, why
> would the Ministry undertake a policy review process and at the same time
> undertake a legal process to regulate the profession? And why is regulation
> of ICT professionals not even mentioned in the draft policy? We are always
> ready to engage and I am shocked to have learnt of the process so far in
> the day. Or did ICT professionals have a processes the outcome of which is
> this Bill?
>
>
>
> Speaking of a profession, what is the ICT profession? I see the Bill has
> attempted a definition at section 2 but isn't ICTs the most dynamic and
> cross cutting "profession" we have? Was there a study done to support such
> a disruptive regulation of the profession? Are there other countries that
> regulate their geeks this much? So what informed this legislation?
>
>
>
> Think of all the young people who eke a living from ICT related
> businesses. Why would anyone want to subject all these youth, together with
> those graduating from colleges and universities to one more hurdle before
> they can start working? Can't we leave it to the market to separate the
> very good practitioners from the average ones?
>
> I do not understand the Kenyan obsession with  ever regulating
> professions. What I know is that it is expensive for parents to perpetually
> pay fees before their (overgrown) children can finally get employment. It
> is also an additional cost to businesses as they have to foot the cost of
> compliance for the various professionals they employ or outsource.
>
>
>
> Finally, what are our legislative priorities in this sector? I would have
> thought the Data Protection framework is more urgent and maybe a Cyber
> Security one. While I did not intend to comment on the contents of the
> Bill, I can't help but notice that one ICT Association of Kenya will have
> the arduous task of appointing five (out of nine) people to the Council
> that will regulate professionals (Section 4). Pray tell, who is this
> association?
>
>
>
> Regards,
>
>
>
> 2016-07-05 14:03 GMT+03:00 Alex Watila via kictanet <
> kictanet at lists.kictanet.or.ke>:
>
> FYI
>
> -----Original Message-----
> From: nairobi-gnu at googlegroups.com [mailto:nairobi-gnu at googlegroups.com]
> On Behalf Of Tim Schofield
> Sent: Tuesday, July 5, 2016 11:37 AM
> To: nairobi-gnu at googlegroups.com
> Subject: Re: [nairobilug] Draft National ICT policy
>
> This could be a crushing blow to Kenya's ICT industry. If the USA had such
> a law then so many of their major ICT companies would never have happened.
> To name but 2, neither Steve Jobs nor Bill Gates gained any formal ICT
> qualifications, in fact neither of them passed a degree in anything.
> Several of the leading Linux kernel developers have no formal ICT training.
>
> Tim
>
> On 4 July 2016 at 14:04, Tony White <tony.mzungu at gmail.com> wrote:
> > ...and *this*:
> >
> > http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2016/InformationCo
>
> > mmunicationTechnologyPractitioners_Bill_2016.pdf
> >
> > Which was introduced in the National Assembly last week, which will
> > rquire all ICT 'practitioners' to be licenced (annually!!) and
> > registered, with examination of qualifications, and ongoing
> > 'training'!!
> >
> > Phew!!
> >
> > Tony
> >
> > On 04/07/2016, Ibrahim Ng'eno <eebrah at gmail.com> wrote:
> >> Y'all have seen this[1], yes?
> >>
> >> [1]
> >> http://www.information.go.ke/wp-content/uploads/2016/06/Draft-Nationa
> >> l-ICT-Policy-20June2016.pdf
> >>
> >> -- Ibrahim
> >>
> >> --
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> >>
> >
> >
> > --
> > Tony White
> >
> > --
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>
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> --
>
> Grace L.N. Mutung'u
> Nairobi Kenya
> Skype: gracebomu
> Twitter: @Bomu
>
> <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>
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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
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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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