[kictanet] Feedback on the 2016 ICT POLICY - REMINDER No. 7
Ali Hussein
ali at hussein.me.ke
Thu Jan 19 16:52:52 EAT 2017
Over to GG...
Ali Hussein
Principal
Hussein & Associates
+254 0713 601113
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 19 Jan 2017, at 3:17 PM, Nanjira Sambuli via kictanet <kictanet at lists.kictanet.or.ke> wrote:
>
> Sounds like a solid plan.
>
> Will KICTANet officials lead in drafting this? We can then undersign accordingly…
>
> Regards,
>
> Nanjira
> www.nanjira.com
>
> About.Me | Twitter | LinkedIn | Skype
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> IM: +254722481566 (WhatsApp | Telegram | iMessage)
> PGP: 1DBE1F47A6878B0D
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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:
>>
>> 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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>>>>
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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,
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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.
>>>>
>>>
>>>
>>>
>>> --
>>> 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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>
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