[kictanet] ICT Practitioners Bill, call for comments/submissions to the National Assembly

Fri Feb 19 16:00:01 EAT 2021

SPOT ON!

*Ali Hussein*

Digital Transformation

Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim
<http://ke.linkedin.com/in/alihkassim>

Any information of a personal nature expressed in this email are purely
mine and do not necessarily reflect the official positions of the
organizations that I work with.

On Fri, Feb 19, 2021 at 3:37 PM Andrew Alston via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> As another question,
>
>
>
> And I’ve asked this in other forums as well – but considering the number
> of legal folk on this list – I figured I’d ask for further opinion here.
>
>
>
> Does the ICT practitioner bill not run directly afoul of article 33.1 of
> the constitution – which states:
>
>
>
> (1) Every person has the right to freedom of expression, which includes--
>
> (a) freedom to seek, receive or impart information or ideas;
> (b) freedom of artistic creativity; and
> (c) academic freedom and freedom of scientific research.
>
>
>
> Now – surely that is the very essence of ICT – particularly in the roles
> of designers, consultants and anyone working with information.  The I in
> ICT alone stands for information.
>
>
>
> Comments? I am no lawyer – so I may be well off track – but I’d like to
> hear opinions on this
>
>
>
> Andrew
>
>
>
>
>
> *From:* Adam Lane <adam.lane at huawei.com>
> *Sent:* Friday, 19 February 2021 14:28
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>; KICTAnet ICT
> Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Subject:* RE: [kictanet] ICT Practitioners Bill, call for
> comments/submissions to the National Assembly
>
>
>
> Indeed. I fully agree this definition captures the entire population that
> uses a smartphone! Let alone that majority of jobs whether a 1 person
> business on the street or boda driver or a farmer in agriculture, or anyone
> working in any industry whatsoever is increasingly using digital no matter
> if they think they are an ICT practitioner or not. Do we need a certificate
> to write with pen and paper or use a calculator? Why do we need one to type
> or use excel or sell online?
>
>
>
> Let's be clear there is already a very effective market based mechanism in
> certifications that are OPTIONAL and offered by acadamia as well as private
> actors anywhere around the world, including delivered online globally.
>
>
>
> Let's also be clear that the market recognises and rewards experience
> based on references etc without needing any certification or likewise.
>
> *From:*Andrew Alston <Andrew.Alston at liquidtelecom.com>
>
> *To:*KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>
> *Cc:*Adam Lane <adam.lane at huawei.com>
>
> *Date:*2021-02-19 14:20:34
>
> *Subject:*Re: [kictanet] ICT Practitioners Bill, call for
> comments/submissions to the National Assembly
>
>
>
> This is correct - he has stated as much in public Facebook posts.
>
>
>
> I encourage people to read that bill and in addition to at least one
> submission I know is going in complete with 13 and a half thousand
> signatures on it - every single submission against this absolute innovation
> killing industry harming insanity would be useful.
>
>
>
> In summary the way I see this
>
>
>
> A.) it would result in some of the most experienced people in the industry
> being forced out of the country to be able to work
>
> B.) there is no proper definition of an ict professional that does not
> cover everything from the secretary that uses excel to input numbers to the
> most advanced programmer - the definition in there covers virtually anyone
> in a modern job
>
> C.) the bill has no provision in it for bringing in external trainers and
> consultants and hence damages the industry by working against international
> knowledge sharing
>
> D.) the bill is death to cooperative international innovation
>
> E.) the bill creates serious and deep problems with inter company staff
> transfers or people in multi-nationals coming in to work on intra-company
> projects that require external resource
>
> F.) the bill could potentially put a lot of people out of work damaging
> the overall tax base
>
> G.) there has been zero cited evidence of the need for this bill or the
> positive impact it would have in the industry - no studies cited - no fact
> based assertions -  nothing but speculation that is in my view a naked
> attempt at a money grab
>
> H.) the law is entirely impractical as regards enforcement - since in the
> days of remote work a person affected by this can just leave the country
> and work remotely and be exempt - while again having negative affect on the
> taxation base.
>
>
>
> Plenty more points which I will get to but that’s a quick summary of the
> headline points against this absurdity
>
>
>
> Andrew
>
>
>
> Get Outlook for iOS <https://aka.ms/o0ukef>
> ------------------------------
>
> *From:* kictanet <
> kictanet-bounces+andrew.alston=liquidtelecom.com at lists.kictanet.or.ke> on
> behalf of Adam Lane via kictanet <kictanet at lists.kictanet.or.ke>
> *Sent:* Friday, February 19, 2021 12:17:48 PM
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
> *Cc:* Adam Lane <adam.lane at huawei.com>
> *Subject:* Re: [kictanet] ICT Practitioners Bill, call for
> comments/submissions to the National Assembly
>
>
>
> I believe that CS Mucheru has said he does not support this, and I recall
> he has said that this is purely driven by the sponsors of the bill in
> parliament.
>
>
>
> *From:* kictanet [
> mailto:kictanet-bounces+adam.lane=huawei.com at lists.kictanet.or.ke
> <kictanet-bounces+adam.lane=huawei.com at lists.kictanet.or.ke>] *On Behalf
> Of *Frankline Sunday via kictanet
> *Sent:* Friday, February 19, 2021 10:32 AM
> *To:* Adam Lane <adam.lane at huawei.com>
> *Cc:* Frankline Sunday <franklinesunday at gmail.com>
> *Subject:* Re: [kictanet] ICT Practitioners Bill, call for
> comments/submissions to the National Assembly
>
>
>
> yeah mucheru is very eager to push it through. let me follow up. thanks
>
>
>
> On Fri, Feb 19, 2021 at 10:01 AM Wamathai (HapaKenya) via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> This thing has refused to die.
>
>
>
> On Fri, 19 Feb 2021, 09:52 David Indeje via kictanet, <
> kictanet at lists.kictanet.or.ke> wrote:
>
> [image: image.png]
>
> *Kind Regards,*
>
> *David Indeje *
>
>  +254 (0) 711 385 945 |  +254 (0) 734 024 856
>
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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.
>
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