[kictanet] Press Statement By CA on DMS - rev 1.doc

[Francis Monyango]

"13)	The Authority has been consulting and has engaged industry
stakeholders and relevant Government Agencies in an effort to manage
the proliferation of illegal mobile communications devices. The said
Agencies include the Anti-Counterfeit Agency (ACA), Kenya Revenue
Authority (KRA), National Police Service (NPS) and Kenya Bureau of
Standards (KEBS). All mobile network operators and equipment vendors
have also been engaged since the conceptualisation of the initiative.
"

Is it just me, but I am trying to understand how KRA (the taxman who
has been eyeing our Mpesa for a while now) is involved in blacklisting
devices. Won't that be ultravires in its part? Or do they have an
interest that CAK doesn't want to mention?

On 17/02/2017, Grace Githaiga via kictanet
<kictanet at lists.kictanet.or.ke> wrote:
>     Thanks Rachael for sharing this statement.
>
> The statement notes that  _"All mobile operators will be required to
> connect to the DMS and ensure that blacklisted devices do not access
> mobile services. This process was initiated with the understanding of
> the operators through a consultative process from the
> conceptualization stage."  _Is there more than meets the eye? Why
> would operators then not support a process that commenced with their
> understanding and in which they participated? We need honestly here.
>
> Further, in an article carried by the Daily Nation today, CA seems to
> be taking a hard line stance or should I say showing some intolerance/
> impatience? See below an excerpt:
>
> Monitoring of mobile phone networks to take effect - agency says
>
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> _"Defending the Device Management System (DMS), Communication
> Authority Director-General Francis Wangusi said he would not stop its
> implementation, not even for public consultation._
>
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> _Mr Wangusi said the DMS had been in the works for almost a year and
> that consultation with mobile operators was sufficient."_
>
>
> Kenya's 2010 Constitution provides for public participation but this
> article seems to be suggesting that according to CA, selective
> participation makes things right? This issue of monitoring will
> involve the public and therefore is of public interest. Operators are
> meant to facilitate the process. This system therefore need some form
> of vetting and CA which has been known to engage needs to uphold this
> value and continue consulting.
>
> http://www.nation.co.ke/news/Agency-to-proceed-with-communication-surveillance-plan/1056-3817532-lvjbez/index.html
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> Best regards
>
>
> Githaiga, Grace
>
>
>
> On Friday, 17-02-2017 at 14:31 Alwala, Rachel via kictanet wrote:
>
>
> Hello Listers.
>
> Please see the statement from CA regarding the Device Management
> System that is under deployment. We hope listers shall objectively
> engage and seek to understand what the regulator is doing in the
> interest of the public. Media reports on this were misleading, but be
> rest assured we shall continue to engage all stakeholders so that they
> can be in full picture.
>
> Regards,
>
> Rachel
>
>
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-- 
Francis Monyango

Lawyer and Trainee Advocate at the Kenya School of Law.
www.monyango.com
0726792792