[kictanet] Call for input into Election Laws (Amendment) Bill, 2017 and Election Offences (Amendment) Bill 2017
kanini mutemi
kaninimutemi at gmail.com
Wed Oct 4 20:12:31 EAT 2017
The current Section 44A of the Elections Act allows IEBC to set up a
*complementary* system for transmission of results. I believe that should
take care of those instances. What the Bill proposes is to have two
parallel systems where the manual is superior.
On Wed, 4 Oct 2017 at 20:01 S.M. Muraya via kictanet <
kictanet at lists.kictanet.or.ke> wrote:
>
> 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*
> _______________________________________________
> 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/kaninimutemi%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.
>
--
*Mercy Mutemi, Advocate*.
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