Copyright Amendment Bill 2017

In our original court papers, what we asked for was for ISP to block access to piracy websites – Not to take down. We also asked that KECOBO puts in place a law. We have since withdrawn the court case on the strength of the copyright amendment bill 2017.

From: kictanet [] On Behalf Of Collins Areba via kictanet
Sent: Wednesday, January 31, 2018 12:19 PM
Cc: Collins Areba
Subject: Re: [kictanet] Copyright Amendment Bill 2017

I see problems:

1: ISPs don\’t necessarily host websites, some do as an additional business activity, most dont.

2: ISP\’s do not in principle scan and assess the nature of traffic passing through, their primary role, is to pass data. Effectively, efficiently, reliably.

3: Lastly, IPV6 introduces another complication to this whole equation especially if the ISP made a design decision to execute this network wide.

In short, take down requests should be sent to the persons that are able & responsible for this. I hope we do not get into that scenario where a legal notice to intervene is issued to someone who cant / shouldn\’t intervene because the law was ignorant on this.


Collins Areba,

Kilifi, Kenya.

Tel: +254 707 750 788 / 0731750788
Twitter: @arebacollins.

Skype: arebacollins

On Wed, Jan 31, 2018 at 12:01 PM, kanini mutemi via kictanet < <> > wrote:

Just a reminder that the National Assembly invited public comment on this Bill. In case someone has proposals especially on the take down procedure proposed, this is the right time to send those in.

On Wed, Nov 15, 2017 at 9:38 PM, Bernard Kioko via kictanet < <> > wrote:

There needs to be ways for copyright owners to reduce and/or stop the piracy of their works. One way is to make the content easily available affordably. Another is to work ways to reduce the piracy.

The situation at the moment is terrible. Copyright owners are not able to make any money because their works are placed on the internet for free access (and some ISPs benefit from the data consumption).

From: kictanet [mailto:kictanet-bounces+bkioko> ] On Behalf Of Victor Kapiyo via kictanet
Sent: Wednesday, November 15, 2017 11:53 AM
To: <>
Cc: Victor Kapiyo
Subject: [kictanet] Copyright Amendment Bill 2017

Dear Listers,

The Copyright (Amendment) Bill 2017 was recently tabled in Parliament and has already gone through the first reading. The Bill proposes a number of new measures to strengthen the copyright regime. Some of the proposals have a bearing on the protection of computer programs, circumvention of technological protection measures, broadcasts, royalties and their collection, liability and roles of ISPs, procedures for takedown measures, and so on.

Kindly have a look at the Bill and share your views given its implication on the ICT sector.

You can also read through this article – Internet Service Providers to be Enlisted in Fight Against Piracy in Kenya – by M. Mutemi, on the CIPIT Blog analysis the changes proposed in the Bill.


Victor Kapiyo

Partner | Lawmark Partners LLP

Advocate of the High Court of Kenya & Commissioner for Oaths

Suite No. 8, Centro House, Westlands, Nairobi | Web:

“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar

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