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"speaker_name": "Marakwet West, JP",
"speaker_title": "Hon. William Kisang",
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"legal_name": "William Kipkemoi Kisang",
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"content": "of 00 and no month of 00. This Bill will help so that those anomalies that appear on our records is updated. In considering the Bill, the Committee carried out an extensive public participation process where an advert was placed in the local dailies on 11th July 2019 requesting the public to submit their views on the Bill. In fact, I was very surprised recently that all the three major newspapers wrote many things about the Bill as if they did not see that we put an advert on the newspapers. What they published was misleading. In fact, one person called me, but I told him that they need to go to our website and check because some of the comments in the media that this House is trying to gag the security arms, the Directorate of Criminal Investigations (DCI), the Attorney General or the Office of the Director of Public Prosecutions (DPP) is wrong. They have not gone through the Bill. It is good that people read and understand the Bill. In addition, the Committee held public county forum meetings with stakeholders. We went to Kakamega, Mombasa, Kilifi, Kisumu, Kericho and Nakuru counties where the public gave views on the Bill. The Committee noted that they were all in support of the Bill due to rising cases of personal data misuse and the need for protecting the same. There were lots of complaints especially by the elderly. Majority of the elders who used to benefit from Kshs2,000 stipend that they got every month said that the records are no longer there. They are missing. When they go to the banks, they do not know what could have happened. They are in support of this Bill. Further, the Committee received and analysed memoranda from the following stakeholders: The Commission on Administrative Justice (CAJ); the Amnesty International; the Lawyers Hub; the Google Kenya; the Technology Service Providers of Kenya (TESPOK); the representative of the private sector in Kenya; the Article 19; the Kenya Private Sector Alliance (KEPSA); the Kenya Open Data Portal (KODP) taskforce that formulated the Bill; the Bowmans (Coulson & Harney LLP); the Kenya Medical Association; the Branch International Limited; the Digital Lenders Association of Kenya; the Teachers Service Commission; Karanja Matinti as an individual; and, the Centre for Intellectual Property and Information Technology Law. These also included the Ministry of Information, Communication and Technology and the Communications Authority of Kenya (CAK), amongst others. Further, I appreciate Hon. Omar Mohamed Maalim. He sponsored the data protection and privacy legislation proposal, which was referred to the Committee for pre-publication scrutiny. The Committee, in consultation with the Member, agreed that we merge the two Bills. What was good in Omar’s Bill was incorporated in the Bill that came from the Executive. The Member was happy with it. We are thankful and appreciative of what the Member did because the Bill was enriched. The introduction of this Bill is a good step towards better protection of data and the privacy of Kenyans as Kenya does not have a specific data protection law. If you remember, in the 11th Parliament, in 2016, Hon. Priscilla Nyokabi, came up with the Access to Information Bill and we passed it. It was assented to in 2016. What we should have done first is to come up with this law. Although we can ask for information, currently, we are not guaranteed of protection of data. We are not guaranteed of security of the information that is held by all these entities. Even on the Huduma Namba that we did early this year, there is no protection. We do not even know what has happened. It is now quiet. We think the Government should, with this law, move with speed and issue Kenyans with their Huduma Namba. I believe they are waiting for this law, so that they can issue us with that single number that will identify all Kenyans. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}