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

Thu Jan 19 15:17:42 EAT 2017

Sounds like a solid plan.

Will KICTANet officials lead in drafting this? We can then undersign accordingly…

Regards,

Nanjira
www.nanjira.com  <http://www.nanjira.com/>

About.Me <http://about.me/ninanjira> | Twitter <http://www.twitter.com/ninanjira> | LinkedIn <https://www.linkedin.com/in/nanjira> | Skype <http://hatscripts.com/addskype?nanjirasambuli>

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> On Jan 18, 2017, at 2:22 PM, kictanet-request at lists.kictanet.or.ke wrote:
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> Today's Topics:
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>   1. Re: Feedback on the 2016 ICT POLICY - REMINDER No. 7
>      (Rosemary Koech-Kimwatu)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Wed, 18 Jan 2017 14:19:30 +0300
> From: Rosemary Koech-Kimwatu <chemukoechk at gmail.com>
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Feedback on the 2016 ICT POLICY - REMINDER No.
> 	7
> Message-ID:
> 	<CAApgMtw9RsTu02YehMqRorszwa9=Nh0eTgzdC4kSY_ohkr8Z2w at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
> 
> 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-Gy?rgyi
>>>> 
>>>> Sent from my iPad
>>>> 
>>>> _______________________________________________
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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.
>>>> 
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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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>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>> 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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>> 
>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>> mailman/options/kictanet/chemukoechk%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.
>> 
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