[kictanet] Feedback on the 2016 ICT POLICY - REMINDER No. 7
Ali Hussein
ali at hussein.me.ke
Thu Jan 19 22:43:45 EAT 2017
Bwana PS
First let me thank for finally responding to our requests and to acknowledge your commitment to serving the public.
However, it will be remiss of me if I didn't point out a few things.
1. This document is now six months overdue. The multi stakeholder committee that collated all views last met in Mid-August 2016. We waited for 4 months before we requested for this information. You would agree with me that six months is too long for such an important document to be released. We are in the ICT sector. Our very nature is speed. So you can understand our concerns.
2. With all due respect to PS Kyalo, traveling doesn't excuse him from the tardiness of not responding to requests for two months. Unless he was in countries that had no connectivity. He could also have delegated. This is not acceptable for such a Senior Public Servant.
3. Sir, I would also like to quote Esther:-
"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."
I believe this is self explanatory.
4. Notwithstanding all that you have said it would be great to get an idea of when this document would be ready for Public Consumption. The country is already entering electioneering period, Bills are being proposed (for example we understand that the Cyber-Security Bill will be tabled in parliament soon) which may or may not be tied to the Policy document.
We look forward to a quick resolution to this issue.
Regards
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 5:34 PM, Sammy Itemere via kictanet <kictanet at lists.kictanet.or.ke> wrote:
>
> Friends,
>
> If l recall we had public participation in the ICT policy formulation last year where this forum participated in the said process. The document was then handed over to the Ministry for our further action. We are in the final stages of this document and the Ministry will revert should we need any further input.
>
> My colleague PS Kyalo has been traveling and might not have had the opportunity to respond on your concern. We would like to assure you that we are committed to having the same released at the earliest opportune time.
>
> Regards
>
> Sammy
>
>> On Thu, Jan 19, 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
>>
>> IM: +254722481566 (WhatsApp | Telegram | iMessage)
>> PGP: 1DBE1F47A6878B0D
>>
>>
>>
>>
>>> 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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>>>>> 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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>>>>> 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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>>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> 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,
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