The terms of reference:
- To implement a framework for identifying, supporting and scaling local ICT solutions that can support Kenya in its efforts to combat the Covid-19 pandemic effects.
- To support the National and County Emergency Response Committees on Covid-19 on any matters that may require intervention by ICTs.
- To advise on the role of technology in delivery of value to humanity including the role of ICTs in exporting labour and innovations, stimulating and growing all sectors of the economy post Covid-19.
Terms of Reference published in March 2018 through Gazette Notice No. 4367.
- To undertake a comprehensive audit of the existing legislations, regulations, policies, administrative procedures, sessional papers, Government guidelines and circulars relating to privacy and data protection frameworks in Kenya.
- To identify any gaps or inconsistencies in the existing frameworks and draft policy and legislative proposals, subject them to stakeholder consultations with the object of developing a draft policy and legislative framework for data protection for Kenya.
Outcomes:
- Data Protection Policy received Cabinet Approval on March 18, 2019
- Data Protection Law was assented to on November 8, 2019
Terms of Reference
- To develop a regulatory framework to cater for offences relating to computer systems; to enable timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes; to facilitate international co-operation in dealing with computer and cybercrime matters.
Outcome
- The Computer Misuse and Cybercrimes Bill was passed as Act No. 5 of 2018.
Date of assent: 16th May, 2018
Date of Commencement: 30th May, 2018
Appointment by the Cabinet Secretary, Ministry of Information and Communications Technology under Gazette Vol. CXV No. 126
Terms of Reference
- To develop a draft policy and legislative framework required for the implementation of Article 34 of the Constitution of Kenya.
- My role as Head of Secretariat entailed:
- Co-ordinating the development of a work plan; communicating to the Taskforce members, liaising with the Chairperson, scheduling Taskforce meetings, briefings with the Cabinet Secretary, the Parliamentary Committee and stakeholder consultations.
- Overseeing conduct of background research; benchmark, study and trend analysis and attending negotiations with other government agencies e.g. Commission on the Implementation of the Constitution, Attorney General's Office etc.
- Monitoring the progress of the draft Kenya Information and Communications Amendment Bill, through Parliament; development of the Final Report of the Taskforce.
Outcome
The Bill was passed into law in December 2013 and the Taskforce activity wound up in July, 2014.
I led the legal advisory team in extensive consultations with the local internet community and identified a suitable public private mechanism to host the .dot ke domain name. This project resulted in Kenya being the third country in Africa to host its domain name resources within a consensus driven multistakeholder framework. This model was replicated severally in subsequent years.
In 2009, the EAC became the first region in Africa to adopt a modern and effective regional harmonized framework for cyberlaws. It had been developed to meet the need expressed by Council of Ministers of the East African Community in 2006 to support the regional integration process with regard to e-Government and e-commerce.
The development of an enabling framework for e-commerce has the potential to generate significant economic development gains for countries by promoting investor confidence, tapping into business opportunities and responding to the increasing reliance on electronic applications in all sectors (government, commerce, health, education, banking, insurance, etc.)
Regional and national commitment towards providing a modern legal framework to interface between the physical and digital space is very important in this context.
See:https://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=251