Review of KICA – Comments Needed
The MOICT is calling for views on the proposals on the KICA
<www.ca.go.ke/wp-content/uploads/2021/02/Kenya-Information-and-Communication-Act-1998.pdf>
as
per the notice below.
A copy of the draft bill and a redlined copy
<drive.google.com/file/d/1kIKY16cYmBDxJ1jPfHA7rfjPR1JGh5WZ/view?usp=share_link>
is
attached for ease of reference. You can also suggest changes directly in
this Google document
<docs.google.com/document/d/1dNVdq43FOd6obj6jlL1yWTmVincag6_d/edit?usp=sharing&ouid=113398028003457340587&rtpof=true&sd=true>
.
Otherwise, please share your views on the various provisions in this thread
in the format below:
Section:
Proposal:
Justification:
We look forward to your proposals on or before 7 May 2023. We aim to
consolidate the feedback and send a Memorandum to the Committee undertaking
the review.
[image: image.png]
Regards,
*Victor Kapiyo*
Partner | *Lawmark Partners LLP*
*Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke
<www.lawmark.co.ke/> *
====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig
Ziglar*
DRAFT-KICA-AMENDMENT-BILL-2023.docx
Thanks for the updated full document. Having the context is very
helpful. Comments (though probably much too late) below:
Section 6
– Revise this section.
Would expect parliament to have a role in vetting such
appointments. Would also expect some role for professional bodies in
the sector. See section 102 for an example.
Section 35
– Separate provisions for hobbyists and educational uses.
– There are radios used by amateurs and
hobbyists. Some provisions should be made for these as
they are good school activities to promote interest in
and knowledge about telecommunications. Typically certain
frequencies are reserved for such use. Transmitters are not very powerful.
Section 48
– Should be revoked.
– There are many courier services that
can do this work. Better to provide an enabling
environment for them.
Section 52
– Should consider displaying all tariffs on web pages of
courier services when they exist.
– Enable online business and reduce cost of obtaining tariffs.
Section 84
– Simply changing the percentage is inadequate.
– Market power is very vague. Quantitative considerations
should be given. Econometrics literature typically uses
more sophisticated methods than just market share, for example examining
effect of supply chain shocks on final consumer prices.
On 5/4/23 12:16, Victor Kapiyo via KICTANet wrote: