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"id": 180115,
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"speaker_name": "Dr. Otichilo",
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"legal_name": "Wilber Ottichilo Khasilwa",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. I would also wish to make some comments on this very important Bill. First of all, I would like to take this opportunity to thank the Minister, the Ministry and CCK for coming up with a comprehensive Bill that has taken into consideration all the issues in the ICT sector. When I was reading this Bill, I was very happy. This is because most of the issues that kept on coming to my mind, I saw them reflected in the Bill. So, I was very happy. I am very happy that this Bill has addressed very many important issues. It has recognised that we are in the digital and information age. It has taken us a long time, that is, from 1998 to 2008 to make a major and important review of this Bill. I think they have done a good job. The 21st Century is about knowledge management which is facilitated through information and technology. The Bill has actually come quite fast and has addressed current issues. So, I am fairly impressed. One of the areas that I feel is very good, for example, is the area of electronic transactions. Right now, in the world over, electronic transactions are the order of the day. All the businesses in the world today are electronic. The Bill provides for the facilitation of electronic commerce. Everybody is going e-commerce. I think it has not been possible for this country to move forward in e-commerce because the existing Act was limiting and did not address this area. It is very important that this Bill addresses e-commerce. This is going to really promote our economic growth and transaction of business. Mr. Temporary Deputy Speaker, Sir, this Bill is going to inject public confidence and integrity in the use of electronic transactions. Most Kenyans have been worried about electronic transfers of monies, businesses and so on. This Bill has addressed that issue very well. The CCK should come up with a public awareness programme that will re-popularise this Bill when it is made an Act of Parliament. That way, people will have confidence in electronic transactions. The other area that has been very limiting is the use of electronic signatures. This has been a big issue, particularly in the Government. There has been insistence that people must use their original signatures. Therefore, electronic signatures have not been recognised. With the Bill recognising the importance of electronic signatures, this is going to make business transactions very easy. We will be in a position to transact businesses across the oceans in a very simple manner without having to bother that you must have the original document which must be signed and given 3454 PARLIAMENTARY DEBATES November 12, 2008 to some courier company to ferry it across. I went through all the procedures that will be followed in authorising electronic signatures, and I am fairly happy with the process. There is also the issue of forged electronic records. This is also an area that the Bill has covered very well. This area is very important and the regulators should give a lot of importance in the area of electronic fraud. This is an area that is very complex. It is an area where we need to see the Communications Commission of Kenya (CCK), and the Minister who has been given the power to introduce various regulations, to ensure that the area of electronic fraud is addressed. If there is a way that the Government and CCK could have a direct control over some of those transactions to ensure that fraud is not perpetuated through electronic transfers, it would be better. So, this is an area that is very important. Under the electronic transactions, I think this will now make it very easy for people to sign electronic contracts. One would not need to travel to France or any other country to sign contracts. The Government will not need to send delegates to go and sign contracts. With the provisions given in this Bill, electronic contracts can be effected very well. So, I am very happy with that and I think it will stand the test of time for some time, before the technology improves again. Another area that is extremely important, and I think is yet to be enforced, is the area of provision of stiff penalties for electronic offenders. As you realise, we have now many electronic offenders. You have seen prisoners, even in Naivasha Prison, saying how much money they are making. They are making millions of shillings through electronic fraud. So, this is an area that we shall need to give a lot of attention and innovation. The CCK and the Government should invest in a lot of research and development. That research should be continuous because the technology is changing every day. The fraudsters are becoming smarter every day. So, you cannot afford to sit in your laurels and hope that things are okay. That is area that is very important. We will have to work with many other arms of Government such as the law enforcement agencies like the police, intelligence service and even the international intelligence agencies. That is because that is widespread issue in terms of electronic fraudsters and offenders. Another area that I am equally happy, and I hope, again, it will be enforced when this Bill is passed, is the provision for fair competition and equal treatment among the players. That is an area where we have had a lot of inequalities. Some of the players have been allocated many frequencies and many other benefits. That has given them an upper hand in terms of competition. So, the Ministry and CCK should look into this area, once this Bill is passed, so that we have fair competition. Those who by, chance or luck, were able to be allocated some of those frequencies and privileges earlier on; there should be a mechanism to see how best we could repossess some of the frequencies to make sure that we have a level ground. So, that is an area that is very important. I am extremely happy and excited with the creation of the Universal Service Fund. That is a very important Fund. This is a Fund that will provide resources for research, development and capacity building. This is a sector that is growing too fast. It is a sector that is knowledge driven. It is a sector that needs continuous research and development, as well as innovation. So, this is an area that we need to give a lot of priority. I hope that, that Fund will be readily available to Kenyans, particularly the youth, who have developed a lot of interest in ICT. They are doing very many innovative things. They should be funded to do research in some of the key areas, particularly in the areas of electronic transfers and electronic offenders. I wish also to comment on the issue of community broadcasting service, which is also a very good innovation that has been introduced in this Bill. That is a good facility that will enable communities to use electronic technics to communicate and do business. As my colleagues said earlier, for community broadcasting service, we need to look at the licensing fees. Community broadcasting is for the good of the community. Therefore, they should be given, at least, a special preference so that we can have most of those community broadcasting services established in various communities, but specifically for development purposes and not for any other activity that November 12, 2008 PARLIAMENTARY DEBATES 3455 may bring some disharmony in the communities. I also want to say that I am happy that the Minister has made a lot of leeway to make consultations and come up with regulations that would be able to control that sector. As he said, the sector is growing very fast. As we pass this Bill now, in the next two or three years, I bet there will be more innovations. We need the Minister to introduce some of the provisions to make sure that they take care of those innovations. So, I would like that inclusion, particularly when it comes to regulations in respect of competitive issues and, particularly, access, including the rules of inter-connections. We should have those rules clearly spelt out because various players would want to dominate, outdo or outplay their competitors. So, that is where the Minister has a role to play. The issue of co-location of sites, I think, has also been covered. I think this is very important. We do not need to have this country full of transmission masts everywhere. The Ministry must come up with modalities on how those masks should be shared, and the players must agree. Otherwise, we will pollute this country in terms of aesthetics by having masts everywhere. That will not be very good for the scenery of this country. I also want to note that the Bill introduces an establishment of a council to be known as Universal Service Advisory Council which will be doing advisory work for the Ministry and CCK. That, to me, is very important. I hope it consists of impartial but knowledgeable people; people who will be ready to give real good advice to the Ministry and CCK. Lastly, Mr. Temporary Deputy Speaker, Sir, I wish to end by saying that Communications Commission of Kenya (CCK) has been given the control and independence to administer this Bill when it becomes an Act. The CCK must be very strong, focused, principled and impartial, so that this Bill will be implemented in a more impartial manner. So, I want to appeal to CCK that, when this Bill becomes law, you have to implement it! That is because the problem with this country is that we pass many, many rules and Acts, but once they are passed, they are never implemented. They are put on the shelves to gather dust! So, I hope that the CCK will not let this House down. We are going to pass this Bill because it is a good one! Lastly, Mr. Temporary Deputy Speaker, Sir, the issue of transmission of various information in the internet, particularly pornography, is an issue that CCK and the Ministry must look into. There is too much pornography that is being posted on the internet. We must have a way of finding out the originators of that pornography, and how to deal with them! Also, on FM radios, most of you who have listened to them, there is quite a lot of vulgar language that is used. I think the CCK must come up with modalities and regulations on how to moderate that vulgar language that is used on FM radios, so that we have a society that has good norms. We should not start polluting the youth with a lot of bad things on the radio. With those many, many comments, Mr. Temporary Deputy Speaker, Sir, I beg to support."
}