[kictanet] The Kenya Information and Communication (Amendment) Bill, 2019 - No. 61 of 2019 (Malulu Injendi Bill)

Ahmed Mohamed Maawy ultimateprogramer at gmail.com
Wed Sep 25 07:54:51 EAT 2019


When setting up a WhatsApp Group it takes you 5 seconds. This was not a
design fault, it just makes sense. WhatsApp doesn't make you fill in an
"Application Form" and then tells you to wait as they vet approval. This is
not a design fault, it just makes sense. So does this mean that folks who
meet up at Java now need to get a licence? Its not any different.

The modern world is dynamic and changes at the speed of light. Things
happen quite rapidly, opportunities are created at the speed of computing
power. Decisions nowadays - even in Finance and Commerce are done in Nano
Seconds. Traditionally, decisions used to be made in hours or days that are
today made in Nano Seconds. We are very fast falling into another very deep
problem in this equation. With every positive and revolutionary trend that
comes up there are 2 things that determine squarely how a nation fares when
it comes to economic & social development:

   1. That when a technology comes up, are you a positive adopter, or,
   2. That when it comes up, are we resisting change, which is detrimental.

In Kenya, so much positive has been achieved by WhatsApp groups that
over-weigh the negatives. Folks coordinate activities for Self Help Groups,
Community Forums, and make critical business decisions that affect
economics and social welfare, in seconds. But while all these advancements
are being made,  Ironically the technology available to do this is free of
charge, bit it seems such regulations will make us go back to the days of
the Morse Code.

On Wed, Sep 25, 2019 at 5:42 AM Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Colleagues,
>
> As always it might be usefull to undertstand the motivation behind the
> bill. We have members of Parliament with us on the list, it might be great
> if a honourable member clarifies the issues being raised so that we work
> together towards a good document.
>
> Best Regards
>
> Best Regards
>
> On Wed, 25 Sep 2019, 12:11 am Twahir Hussein Kassim via kictanet, <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Mwendwa, exactly my thoughts!
>>
>> We need to breakdown this Malulu Bill and highlight every blunder it
>> seeks to create.
>>
>> Just wondering how a WhatsApp admin is expected to control what group
>> members post! Despite vigilance by admins, you would always get some tough
>> heads. Trying to get this in control is tantamount to saying I control what
>> guests in my house would speak! Failure to do that I am liable to a jail
>> term or a hefty fine! The whole of Kenya might end up in Shimo la Tewa or
>> Kamiti!
>>
>>
>>
>> On Tue, Sep 24, 2019 at 8:34 PM Mwendwa Kivuva <
>> Kivuva at transworldafrica.com> wrote:
>>
>>> Bad manners are contagious. This looks like a copy paste from Tanzania
>>> laws.
>>>
>>> But it also shows a big ignorance in the drafters of the bill.
>>>
>>> This amendments to KICA seeks to regulate creation of whatsapp groups!!
>>> What nonsense is that? That if you want to start a baby shower group, you
>>> need to get a licence from CA.
>>>
>>> Then on blogging, you need a licence to blog!! JCofN. Since when did one
>>> need a licence to write a book? Who tells the drafter of this bill that
>>> writing a blog is any different than writing a book or magazine?
>>>
>>> All these seems to infringe on Article 33, 36, and 37 of our
>>> constitution.
>>>
>>> Waste of parliamentary time.
>>>
>>>
>>>
>>> On Tue, Sep 24, 2019, 16:42 Twahir Hussein Kassim via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Listers,
>>>>
>>>> Reference an article on Standard today (24th September 2019) titled
>>>> "Facebook, WhatsApp groups admins to seek CA clearance" attached is the
>>>> said bill.
>>>>
>>>> Whilst agreeably we need to regulate the social media inline with
>>>> Internet Governance; the essence of this bill is both BACKWARD and
>>>> OPPRESSIVE for lack of stronger terms to use.
>>>>
>>>> Having said that, it is imperative that we go through this with a tooth
>>>> comb and point it's flaws and suggest better ways - a better way is
>>>> definitely there. On this note, I think it is high time that we started
>>>> looking at issue and put up measures before we get hit by such bills and
>>>> start fire fighting.
>>>>
>>>> Let's roll up our sleeves.
>>>>
>>>> Twahir Hussein Kassim
>>>> Email: twahir at hussein.me.ke
>>>> Cellphone: +254 734 259 223
>>>> WhatsApp: +254 722 259 223
>>>>
>>>>
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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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> 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.
>


-- 
*Ahmed Maawy*
Skype: ultimateprogramer
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