[kictanet] Feedback on the 2016 ICT POLICY - REMINDER No. 7

Wed Jan 18 14:19:30 EAT 2017

Dear Ali,

Thank you for not giving up.

To answer your question to Esther I suggest a three step course of action:-

1. We formally write to the ministry requesting feedback on the query and
demand feedback in a specific time say 14 days because they have had
adequate time to digest the issue.

2. If we get no feedback we will write to the Commission on Administrative
Justice under the Commission of Administrative Justice Act no 23 of 2011
where we will report that the said ministry has failed or is completely
unwilling to engage us in the policy formulation as we are not been made
aware of what the final document is and exactly what the impact of our
input was....this in itself is an injustice to the ICT fraternity
perpetuated by relevant ministry officials.

3. If any policy document is passed before we have been engaged further, we
will file a constitutional petition seeking to render the said document
unconstitutional by virtue of the lack of public participation. In the said
petition we will be seeking an interpretation on the requirement of public
participation and what effect this should have when public bodies engage
the public. Is it just a box to be ticked in the meeting of requirements or
what procedure should be utilised when adopting or discarding public
opinion in the creation of policy? This is so that public participation
does not become an action in futility which I must say it is increasingly
the sad state of affairs. I'm sure the section was not placed in the
constitution to have a decorative effect.

My two cents.

Kind regards,

Rosemary Koech-Kimwatu.
Advocate- FinTech and ICT Policy.

On 18 Jan 2017 07:34, "Grace B via kictanet" <kictanet at lists.kictanet.or.ke>
wrote:

> Thank you Ali for keeping the issue alive over all these months.
> In addition to the policy, there have been several reports in the news
> about a cyber crime Bill that is being developed to be in place before
> elections. http://www.ict.go.ke/government-to-curb-cyber-crimes/ and
> http://www.the-star.co.ke/news/2016/08/24/cyber-crime-
> law-to-be-enforced-before-polls-to-curb-incitement-cs_c1408304
>
> Is the (draft) Bill emanating from the policy framework we participated
> in? How can we as a community be able to give input to that Bill as early
> as possible in order to avoid the latent expedition of law making processes
> that is likely to manifest when Parliament convenes for its last session
> before elections?
>
> Regards,
>
>
> 2017-01-18 5:56 GMT+03:00 Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke>:
>
>> Esther
>>
>> In the event that this request continues to be ignored what recourse do
>> we have to enforce such said request?
>>
>> *Ali Hussein*
>> *Principal*
>> *Hussein & Associates*
>> +254 0713 601113 <+254%20713%20601113>
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>
>> "We are what we repeatedly do. Excellence, therefore, is not an act but a
>> habit."  ~ Aristotle
>>
>>
>> Sent from my iPad
>>
>> On 17 Jan 2017, at 11:41 PM, esther kamande via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Thank you Ali for the 7th Reminder, I am equally concerned as no feedback
>> on the same has been forthcoming for almost 6 months since July 2016.
>>
>>
>> Article 35 of the constitution introduced a number of reforms emphasizing
>> on open-decision making process, citizen participation and the role of
>> transparency in building up an informed citizenry towards a democratic
>> nation. In practice, open decision-making is to a large extent realized
>> through the right of the general public to access documents and Access
>> to Information Act No. 31 of 2016, breathes life into this.
>>
>>
>> All documents held by the state with the exceptions as provided for in
>> section 6 of the Access to information Act. 31 of 2016 are public therefore
>> the amended Draft ICT Policy document must be provided to the public for
>> further scrutiny after the comments have been taken into
>> account. Furthermore, section 4 (3) is very clear on information held by a
>> public entity or a private body to be provided *expeditiously* at a
>> reasonable cost. This means that information should be provided with *“speed
>> and efficiency”* otherwise it undermines this right as well as democracy.
>> It has been 6 months and counting therefore this right is being undermined.
>>
>>
>> In this regard I add my voice to request for the amended Draft ICT Policy
>> to be provided *expeditiously* as provided by the law for further
>> scrutiny.
>>
>>
>>
>> Regards,
>>
>>
>> Esther Kamande
>>
>> Advocate | Policy Analyst
>>
>>
>> Twitter: @enkamande
>>
>>
>>
>>
>> On Tue, Jan 17, 2017 at 4:52 PM, Ali Hussein via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Bwana PS Kyalo
>>>
>>> The above refers.
>>>
>>> Could you kindly update us on the way forward regarding the 2016 ICT
>>> Policy?
>>>
>>> We would like to know how the community can help further and when the
>>> Policy will be become a 'live' document so we can be able to delve into it
>>> and extract the gems that lie therein.
>>>
>>> We would also like to know how the multi-stakeholder engagement
>>> benefited the development of the Policy, what was added, removed and the
>>> criteria used to do so. Of course we are also keen to see the final
>>> document.
>>>
>>> Thank you and looking forward to your response.
>>>
>>> Regards
>>>
>>> *Ali Hussein*
>>> *Principal*
>>> *Hussein & Associates*
>>> +254 0713 601113 <+254%20713%20601113>
>>>
>>> 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
>>>
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>>
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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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>> ailman/options/kictanet/nmutungu%40gmail.com
>>
>> 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.
>>
>
>
>
> --
> Grace L.N. Mutung'u
> Skype: gracebomu
> Twitter: @Bomu
>
> <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>
> PGP ID : 0x33A3450F
>
>
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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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