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"speaker_name": "Hon. Osotsi",
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"content": "Thank you, Hon. Speaker for that appreciation. Together with my colleagues whom we travelled with to Geneva, we will introduce further amendments to improve this Bill. As I said, one important improvement is how to enforce and administer this Bill. Our suggestion is to have a multi-agency organ that will help us to do that. If you look at Standing Order No. 181, it talks about delegated powers. This Bill seems to be putting all the powers on the Cabinet Secretary, Ministry of Information, Communication and Technology (ICT). Standing Order No.181 says the delegation of these powers must be very specific – the purpose and limit of authority, the scope and the principles. This is one area we will be proposing amendments so that the CS of the relevant ministry will be giving direction on the issue of legislation. Again, to make this Bill more useful to this country and enforceable, it will have to trigger other legislations. I am aware we have the Information, Communication, Technology Practitioners Bill that lapsed in the last Parliament. Because of this Bill talking about things that IT professionals must do and not do, it will be very important to reconsider this Bill so that we can offer practical suggestions on how to regulate the IT industry. As it is, without proper regulation of the industry, it will be impossible to regulate some of the things that are contained in this Bill. This Bill may trigger the need to have a law on electronic transactions. This Bill has not talked about banking fraud; the fraud that happens in Automatic Teller Machines (ATMs); the fraud that happens through electronic siphoning of money. It will be important to consider legislation around electronic transaction to enforce some of the provisions that are contained in this Bill. We have also received reports that the Head of State has ordered the Communications Authority of Kenya to provide funds for dealing with matters of cybercrime from the Universal Service Fund that is managed by CAK. I request that, that be done. But it can only be done efficiently if we have a multi-agency organ, as I have mentioned earlier, to regulate and ensure that, that is done. In ending my contribution, I suggest that there is also need to clearly specify in the Bill the responsibility of the Office of the Attorney General; the responsibility of the law enforcement agencies, the national security and the responsibility of the CS in charge of ICT. We will be providing those recommendations as additional amendments through the Committee. For all that long contribution, I support this Bill. Thank you, Hon. Speaker."
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