[kictanet] Call for input into Election Laws (Amendment) Bill, 2017 and Election Offences (Amendment) Bill 2017
S.M. Muraya
murigi.muraya at gmail.com
Wed Oct 4 20:00:26 EAT 2017
If electronic transmission of results is the only prescribed option in the
current act, then an amendment is now inevitable ):
Technology firms have indicated, it may not be possible to electronically
transmit all results from all polling stations.
Forms 34b, transmitted from the Constituency tallying center are already
described as too bulky..
http://www.nation.co.ke/news/politics/Wafula-Chebukati-outlines-tough-demands-on-OT-Morpho-/1064-4119384-10rr6uaz/index.html
*Further, on plans by the commission to display all the forms 34B from
constituencies, the firm says it is technologically impossible to do this
given the bulky nature of the forms.DATA CAPACITYMr Chebukati insists that
the tech firm should enhance its data capacity to accommodate the bulk
data.“Please not that since OT-Morpho are the ones who receive the forms
34A first, they must make them public. Text results without forms, shall
not be allowed in whatever circumstances,” he tersely says.He instructs
them to avoid a situation that happened in August where some 10,000 polling
stations sent results without forms.*
On Wed, Oct 4, 2017 at 5:06 PM, Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:
> Listers,
>
> Proposed election amendments make electronic results irrelevant
>
>
> In Summary
>
> Specifically, proposed amendments kill the need to have electronic
> results, given that the manual ones are legally authoritative.
> To bury the ICT agenda for good, the amendments propose total
> mutilation of Section 44 (use of technology) by deleting subsections
> 5, 6, 7 & 8.
> One gets the feeling that these amendments are more geared towards
> supporting ICT-illiterate lawyers in the next presidential petition.
>
> read more:
> http://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-
> 4124394-k96oxc/index.html
>
>
>
> On 10/4/17, Lawrence Dinga, CISSP via kictanet
> <kictanet at lists.kictanet.or.ke> wrote:
> > I completely concur with the views so far.
> >
> > It is evident from the current mood of the country that the amendments to
> > the Election Laws are not all inclusive and the general feeling is that
> it
> > is more of a political game undermining the electoral commission ahead of
> > the repeat presidential elections. As Barrack says, our key interest is
> > promoting the best use of ICT to bring lasting solutions to our myriad
> > problems.
> >
> > As we are aware, the contentious issue that led to the nullification of
> the
> > presidential election was that IEBC refused to open the servers for
> scrutiny
> > and get the logs for analysis. The reason they were citing is that
> servers
> > are not located in Kenya and "the custodians were still asleep" while the
> > logs were needed by the Supreme Court. This brings my point of Data
> > Protection and Residency Laws in Kenya. (Please I do apologise in advance
> > incase there are any such laws which I am ignorant of). If only KICTANet
> > could engage in such initiatives as to help Kenya in having Data
> Protection
> > and Residency Laws, then that would solve a lot of problems for the
> nation.
> > As it turns out, many of us were victims of data privacy violations in
> 2013
> > when most of us found themselves to be members of various political
> parties
> > without their knowledge. Technology is changing rapidly and shaping our
> ways
> > of life and that is why even Europe is replacing the old EU Data
> Protection
> > Directive which has been there since 1998 with the new legislation that
> is
> > far more comprehensive than our old Act, the journey that started way
> back
> > in 2012.
> >
> > We can start somewhere by KICTANet initiating stakeholders workshops to
> > educate the public on basic understanding of personal data, what data
> > privacy means to everyone, protecting your digital identity and how to
> > respond to a data breach. This may culminate into some select committee
> of
> > technology and legal professionals to draft our data protection
> regulation.
> > I think by this we will have contributed something we can be proud of as
> > KICTANet instead of involving ourselves in a process which is viewed by
> many
> > Kenyans as not all inclusive and could be having some sinister motives.
> >
> > That is just my opinion
> >
> > Regards
> >
> > Lawrence Dinga, MSc. (InfoSec & Forensics), CISSP
> > Managecom Systems Ltd
> > +254 721226324/ 0733973999
> >
> >
> > From: Ali Hussein via kictanet
> > Sent: Wednesday, October 04, 2017 11:57 AM
> > To: ldinga at managecom.co.ke
> > Cc: Ali Hussein
> > Subject: Re: [kictanet] Call for input into Election Laws (Amendment)
> Bill,
> > 2017 and Election Offences (Amendment) Bill 2017
> >
> > I agree with Barrack.
> >
> > We may object to some or all of the amendments but we must adhere to the
> > spirit of our new constitution, part of which specifically urges the Govt
> > and the citizenry to engage through public participation. It is also
> > critical that we in the sector don’t create a vacuum in this space for
> > nature surely abhors a vacuum.
> >
> >
> > 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 4 Oct 2017, at 10:21 AM, Barrack Otieno via kictanet
> > <kictanet at lists.kictanet.or.ke> wrote:
> >
> >
> > Hi John,
> >
> > I think it is worth commenting otherwise someone else will comment on
> > our behalf. We have many Kenyans with public interest at heart who
> > contribute towards the many strides this country makes yet we keep
> > reversing the same without thinking through well. We should rise up in
> > one accord and say no to what is not right for our nation without fear
> > or favour, i beleive the network is apolitical, our key interest in
> > promoting the best use of ICT's.
> >
> > Regards
> >
> > On 10/4/17, John Kieti <jkieti at gmail.com> wrote:
> >
> > My sense is that the ammendments are rushed if not too reactionary.
> > Also
> >
> > too close to an election (Just days!). As Grace Bomu observes, there
> is
> >
> > much we could contribute but with the nature of the process, you
> wonder
> >
> > whether its worth putting our valuable time in it.
> >
> >
> >
> > On Wed, Oct 4, 2017 at 10:10 AM, Barrack Otieno via kictanet <
> >
> > kictanet at lists.kictanet.or.ke> wrote:
> >
> >
> >
> > Dear Grace,
> >
> >
> >
> > I object to the amendments . I have gone through the bill and
> found
> >
> > some of the amendments to be ill advised. I think we should always
> >
> > uphold the spirit of the law other than the letter of the law. For
> >
> > instance when we say that in the event manual transmission defers
> > from
> >
> > electronic transmission the manual transmission will carry the day
> > yet
> >
> > we know basic principles of computing such as Garbage in Garbage
> out
> >
> > (GIGO) or What You See is What you get (WYSWYG) it shows that the
> >
> > processes and use of electronic system as supplementary aids is
> >
> > misunderstood why should we entertain a situation where the input
> >
> > differs from the output. Electronic aids only make the system more
> >
> > efficient and effective they don't alter results unless there is
> >
> > interference.
> >
> >
> >
> > On another note, we have new members of parliament who are just
> being
> >
> > inducted, it would therefore be untrue to claim that they have
> >
> > understood the election management system and processes which have
> >
> > taken time to develop and now want to dismantle it to suit
> temporary
> >
> > political interests , i think we should uphold the interests of the
> >
> > country first and i would urge our elected leaders to be at the
> fore
> >
> > front of this effort. The election laws might not be perfect but it
> >
> > would be prudent to have a consensus based approach of scrutinizing
> >
> > any weak areas and addressing the same based on merit.
> >
> >
> >
> > Finally and in my humble opinion, in as much as we have deployed
> >
> > technology and used technology to make many advances in different
> >
> > spheres of our nation, we are yet to fully embrace and intergrate
> >
> > Information Technology Governance principles and practices in our
> >
> > institutions be they public or private. I think this is our
> archilles
> >
> > heel and this are the issues that might need to be addressed. We
> >
> > deploy good systems but lack the manners to use the same correctly
> > let
> >
> > alone protect the data under our custody. A data protection act
> will
> >
> > help resolve some of this challenges we are trying to resolve
> >
> > politically, the election laws amendment bill is just a red
> herring,
> >
> > technology is here to stay and will continue affecting every aspect
> > of
> >
> > our lives if we don't address IT, IT will address us politically
> and
> >
> > socially sooner than later.
> >
> >
> >
> > Regards
> >
> >
> >
> > Best Regards
> >
> >
> >
> > On 10/3/17, Grace Mutung'u (Bomu) via kictanet
> >
> > <kictanet at lists.kictanet.or.ke> wrote:
> >
> > Hi all,
> >
> > There is a lot to say about the substance of the proposed law
> but I
> >
> > think
> >
> > the process is ill advised. There should be no amendments to the
> > law
> >
> > given
> >
> > the very limited time period before the rerun.
> >
> > And although we have been invited because we care about
> technology,
> > I
> >
> > would
> >
> > like to believe that we also care about the nation. We shall
> > achieve
> >
> > very
> >
> > little in terms of building trust in our processes and
> institutions
> > in
> >
> > such
> >
> > a rushed process. Shelve this law.
> >
> >
> >
> >
> >
> > On 2 Oct 2017 16:57, "Grace Githaiga via kictanet" <
> >
> > kictanet at lists.kictanet.or.ke> wrote:
> >
> >
> >
> > Listers
> >
> >
> >
> > Greetings!
> >
> >
> >
> >
> >
> > KICTANet has been invited on Thursday October 5, 2017, to a
> > meeting of
> >
> > the
> >
> > select committees on Election laws 2017. Considering that there
> > will
> >
> > be
> >
> > many other groups participating, we would like to present a
> > memorandum
> >
> > containing our specific concerns as they pertain to tech
> issues.
> >
> >
> >
> > Further, we realize that the time is too short to hold a
> > moderated
> >
> > debate
> >
> > and therefore would like to hear from you on specific tech
> issues.
> > We
> >
> > have
> >
> > to do this by *Wednesday October 4, 2017 at** 2 p.m.
> *Thereafter,
> > I
> >
> > and
> >
> > Kanini Mutemi will collate the views in readiness for Thursday.
> > In
> >
> > addition, it would be good for those who participated in the
> > KICTANet
> >
> > observation mission on August 8, 2017 to also attend this
> > Thursday
> >
> > meeting.
> >
> >
> >
> > We attach the two bills, and would like to draw your attention
> > to:
> >
> >
> >
> > 1. Election Laws (Amendment) Bill
> >
> >
> >
> > - Clause 6 (Electronic AND manual transmission of
> presidential
> >
> > election results, with manual taking precedence).
> >
> > - Clause 7 (Substantially amends Section 44 of the Elections
> > Act
> >
> > which
> >
> > prescribes the use of technology in the conduct of
> elections).
> >
> > - Clause 8 (Amends Section 44A on use of a complementary
> > mechanism
> >
> > for
> >
> > identification of voters).
> >
> > - Clause 9 (Amends Section 83 on the effect of
> non-compliance).
> >
> > - Clause 11 (Criminal liability for failing to sign
> documents).
> >
> >
> >
> > 2. Election Offences (Amendment) Bill-
> >
> >
> >
> > - Clause 2 (Amends Election Offences Act to allow the
> government
> > to
> >
> > publish advertisements on its achievements during the
> election
> >
> > period).
> >
> >
> >
> >
> >
> > Kindlyprovide your input by providing which clause you think is
> >
> > problematic, what your concerns are, and the recommendations.
> >
> >
> >
> > Asanteni sana.
> >
> >
> >
> > Rgds
> >
> > Grace
> >
> >
> >
> >
> >
> > ------------------------------------------------------------
> >
> > ----------------------
> >
> >
> >
> > *Grace Githaiga*
> >
> >
> >
> > Twitter: @ggithaiga
> >
> >
> >
> > Skype: gracegithaiga
> >
> >
> >
> > Linkedin: https://www.linkedin.com/in/gracegithaiga
> >
> >
> >
> >
> >
> > .*..**the most important office in a democracy is the citizen.
> So,
> > you
> >
> > see, that’s what our democracy demands. It needs
> you!----Barrack
> >
> > Obama.*
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > _______________________________________________
> >
> > kictanet mailing list
> >
> > kictanet at lists.kictanet.or.ke
> >
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Twitter: http://twitter.com/kictanet
> >
> > Facebook: https://www.facebook.com/KICTANet/
> >
> >
> >
> > Unsubscribe or change your options at
> > https://lists.kictanet.or.ke/
> >
> > mailman/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.
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > --
> >
> > Barrack O. Otieno
> >
> > +254721325277
> >
> > +254733206359
> >
> > Skype: barrack.otieno
> >
> > PGP ID: 0x2611D86A
> >
> >
> >
> > _______________________________________________
> >
> > kictanet mailing list
> >
> > kictanet at lists.kictanet.or.ke
> >
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Twitter: http://twitter.com/kictanet
> >
> > Facebook: https://www.facebook.com/KICTANet/
> >
> >
> >
> > Unsubscribe or change your options at
> https://lists.kictanet.or.ke/
> >
> > mailman/options/kictanet/jkieti%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.
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > --
> >
> >
> >
> > John Kieti
> >
> > Phone: +254-735-764242 // +254-722-764242
> >
> > Twitter: @johnKieti // Skype: jkieti
> >
> > Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn:
> >
> > https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti
> >
> >
> >
> >
> > The ordinary just won't do
> >
> >
> >
> >
> >
> > --
> > Barrack O. Otieno
> > +254721325277
> > +254733206359
> > Skype: barrack.otieno
> > PGP ID: 0x2611D86A
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> > Twitter: http://twitter.com/kictanet
> > Facebook: https://www.facebook.com/KICTANet/
> >
> > Unsubscribe or change your options at
> > https://lists.kictanet.or.ke/mailman/options/kictanet/info%
> 40campusciti.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.
> >
> >
> >
> > ------------------------------------------------------------
> --------------------
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> > Twitter: http://twitter.com/kictanet
> > Facebook: https://www.facebook.com/KICTANet/
> >
> > Unsubscribe or change your options at
> > https://lists.kictanet.or.ke/mailman/options/kictanet/
> ldinga%40managecom.co.ke
> >
> > 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.
> >
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> Twitter: http://twitter.com/kictanet
> Facebook: https://www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at https://lists.kictanet.or.ke/
> mailman/options/kictanet/murigi.muraya%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.
>
--
SMM
*"Better a patient person than a warrior, one with self-control than one
who takes a city." Prov 16:32*
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