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Wednesday, November 24, 2010

A Kenyan Woman with 3 wives - yet it is not termed a 'homosexual marriage' but a 'same-sex-non-sexual-marriage'

This blog writes on new media and politics, however, this time around it has intentionally lost focus of its subject and meandered into the issue of 'homosexuality' or 'same-sex-non-sexual-marriage' in Kenya. Take a read, it is worth it.

So, this is a very interesting marriage. While, at first hearing, it may sound like a practice of Lesbianism or same sex marriage, the Kalenjin community or culture, which this woman hails from, does not allow the women in the marriage to have sex. Infact, traditionally, such a marriage is not called "a same sex marriage" but a "culturally accepted marriage" only for reason of making children. Whatever the difference!
So culture does not permit homosexuality, but permits such a relationship on the grounds of seeking a child i.e if a woman is not able to have children, she is allowed to marry another woman who can sire children for their family.



Fascinating?
So how does Christianity perceive such a marriage?
Can this marriage fall under the category of homosexuality?
If homosexuality is described as 'a sexual attraction to (or sexual relations with) persons of the same sex', then can the above marriage may be classified as homosexual or otherwise.
Please note that she has four (minus 2 who were snatched away by real men) wives. And so, how do homosexuals comprehend a "homosexual polygamous marriage?"

Tuesday, November 23, 2010

The Standard | Online Edition :: It's bye-bye Zain as Bharti Airtel takes the reins

The Standard | Online Edition :: It's bye-bye Zain as Bharti Airtel takes the reins

Tuesday, November 16, 2010

Facebook Email: How will this new Email Feature affect Virtual Political Discourses and Online Political Activism?

Facebook has a substantial civic potential, and several studies have documented that potential, focusing both on everyday generic use of Facebook and on specific political spaces created by it. The space seems to be expanding as the Facebook CEO Mark Zuckerberg announced that the social network will be launching a revamped messaging product, 'Messages,' that will give users an "@facebook.com" email address.
Zuckerberg outlined three features that will define Facebook's new offering, which Zuckerberg described as "the way the future should work": Seamless messaging (users can chat with people through whatever medium they choose, be it SMS, email, or IM), conversation history ("see everything you've discussed with each friend as a single conversation"), and a social inbox for "filtering exactly the messages you want to see."



While many are concerned about this new feature killing Email, my main concern is how easy and quick emailing through facebook will open up more communication and information platforms for political debate.
Early proponents of online politicking have suggested that social media has propelled us into the age of empowerment. And there's no doubt that Facebook and Twitter given their lack of boundaries and control have led to greater political engagement, particularly among younger citizens who are more comfortable in the online world.

Using online social networks for politicians to recruit support is common in the U.S. (e.g, President Obama had his own official Facebook page, twitter page, and official website, etc.) With the development of the Internet, in particular the ability to access facebook on mobile telephones, the phenomenon of dealing with politics online has appeared in Kenya and Africa as well. So, how will this broadening of the social media enhance political participation and democracy?

Chinta Musundi - Beez

Monday, November 15, 2010

Cyber Experts Have Proof That China Has Hijacked U.S.-Based Internet Traffic - Blog

Cyber Experts Have Proof That China Has Hijacked U.S.-Based Internet Traffic - Blog

The Standard | Online Edition :: A world of Facebook junkies

The Standard | Online Edition :: A world of Facebook junkies

Sunday, November 14, 2010

Journalism on Facebook: We Like « Mumbai Boss

Journalism on Facebook: We Like « Mumbai Boss

Battle against rising cyber crime should not infringe on the citizens’ right to privacy

It is hardly necessary to emphasise the impact of modern telecommunications in human life.

The growth of the telecommunications sector has tremendously revolutionised all spheres of human interactions.

To illustrate, according to available statistics, there are more than 20 million mobile telephone users in Kenya.

It is estimated that this number will increase by an additional five million in just two years.

The growth in the mobile telephony market is not only characterised by the increase in numbers but also by the development of mobile cellular networks.

Some mobile telecommunication companies have already rolled out fourth generation networks and compatible telecommunication devices.

This has led to the emergence of new services and applications for mobile cellular services such as:

(a) mobile banking,

(b) blogging,

(c) push-to talk services,

(d) location-based services,

(e) group chat applications

(f) personalisation and customisation services, and

(g) mobile games.

There are, of course, other important developments in mobile, wireless, portable and pervasive computing technologies that rely on other network technologies, with different reach and mobility handling capabilities.

These include wireless local are networks, the developing WiMax standards, satellites and developments in the internet protocol to allow in-motion and mobile communication.

Besides, the recent entrance in the Kenyan telecommunications market of companies providing big broadband based on fibre access will further add to the growth of telecommunications services.

The growing availability of high speed bandwidth is likely to enhance growth opportunities in the field of triple play.

These developments will undoubtedly impact positively on economic growth.

For example, the Mobile Banking product offered by Safaricom popularly known as M-Pesa has significantly improved the flow of money in the financial system.

Besides, the Internet is a remarkable facilitator for exchanging ideas. Data posted on the Internet is transmitted by altering the amplitudes, frequencies, or phases of electromagnetic waves.

System users send messages across borders through a series of interlinked servers.

A variety of physical network media, such as Ethernet or Token Ring, transform electrical charges into the lines, letters, and pictures appearing on computer screens.

Persons searching for educational or commercial providers can find a plethora of Web sites with interactive electronic dictionaries, newspapers, games, health care information, and government links.

The list of services available on the Internet is limited only by human imagination and advances in computer technology, both of which improve rapidly.

But there are some negative developments associated with growth in the telecommunication sector.

The worldwide explosion of communication technologies creates significant challenges for law enforcement agencies and national security organisations responsible for battling various forms of crime and terrorism.

The sophistication of criminal enterprises in exploiting emerging communication channels has increased with the rising popularity of these channels, posing a very real challenge to organisations responsible for protecting public safety and reducing the impact of crime on communities.

Given the broad availability of communication options and the relative ease with which criminal networks and terrorist groups can exchange information across these channels—-by both data and voice communication—the impetus to intercept illicit exchanges and track the operations of criminal enterprises is very strong and compelling.

For example, potential terrorists can easily use forms of mobile and internet communications to plan mass murder.

Others can use these services to spread hate messages, paedophilic information, or spread malicious falsehoods.

These negative externalities have brought to fore the role of the government in regulating telecommunications information and specifically the permitted instances where legislation may allow security agencies to lawfully intercept telecommunication information on the grounds of public security, public health or public morality.

An overlapping framework of national regulation in the telecommunications sector should establish the foundation for the monitoring of telecommunications, implemented to enable law enforcement agencies to intercept messages or information being distributed for illegal purposes.

The Policy framework for the telecommunications sector in Kenya is somewhat undeveloped.

The Government of Kenya developed the National Communications and Information Technology Policy in 2006, a time when the telecommunications sector was still growing and undoubtedly require updating to reflect the growing numbers, increased services and emerging challenges.

On cybercrime and the specific issue of lawful interception of telecommunication information, the ICT policy merely contains a one paragraph statement recognising the challenges brought by modern telecommunications and requires the country to establish an adequate legal framework and capacity to deal with national security, network security, cyber-crime and terrorism.

Besides, the ICT policy requires the establishment of mechanisms for international cooperation to combat cross-border crimes.

Further, the policy envisages the development of an e-security structure.

ICT policy

While the ICT policy requires the development of new legal framework “national security, network security, cyber-crime and terrorism” that will presumably cover aspects of lawful interception, it is desirable that adequate preparation is made.

The interception of telecommunication informational in a matter that inextricably appears to infringe on the right to privacy of individuals.

Therefore, the enacting of a legislation that permits lawful interception of telecommunication information requires a careful assessment and balancing of divergent interests.

As a starting point, there is need to review the ICT policy to incorporate specific guidelines and legislative steps needed on lawful interception, as an emerging issue in cyber-security.

In the later parts of this essay, an attempt is made to highlight the critical issues that underlie lawful interception at both policy and legal fronts. .

These can be used to lay foundation of the suggested policy development and legal enactment.

Be that as it may, the Government has in the past made spasmodic attempts to enact legal framework on lawful interception.

Currently, there is no substantive legal regime governing lawful interception of telecommunication information in Kenya.

The Kenya Communication and Information Act, the statute that governs and regulates the telecommunications sector in Kenya does not contain adequate provisions on the subject.

The Act merely provides that one of the functions of the Communication Commission of Kenya (CCK), the sector regulator, in relation to broadcasting services shall be to protect the right to privacy of all persons.

Other than this, there is no clause that allows the Communication Commission of Kenya, for example, to prescribe regulations or guidelines on the interception of telecommunication information.

But section 83U of the Act that contains provisions prohibiting access into a computer system to obtain any programme contains derogation where access is allowed pursuant to the exercise of a statutory power to obtain information.

This is a statutory recognition of the fact that the Government has power to enact a specific statute on lawful interception

Besides, the statutes governing the operations of the security agencies are equally silent on lawful interception of telecommunication services.

The Government has attempted to fill this lacuna in the recent past by piecemeal legislative reform proposals.

First, in 2005 the Anti-terrorism Bill was proposed. The bill contained substantial provisions allowing security agencies to lawfully intercept telecommunications provisions.

But it contained controversial provisions that sought to allow security agencies to seize property without due process, arrest and indefinitely detain suspects.

These issues stirred intense public debate forcing the government to shelve the bill.

Amongst other issues, it was rightly argued that provisions that disregarded due process were unconstitutional.

It was further argued that the bill vested on the security agencies unbridled powers that could be easily abused.

In the absence of an adequate consideration of issues, an explanation of the underlying policy objectives, and inclusion of adequate safeguards, the law on lawful interception is likely to stir similar public reaction.

Secondly, the Government has recently pushed through the enactment of the Mutual Legal Assistance Bill Act in 2009.

The Act makes some provisions on lawful interception of telecommunication information.

The Act can be said to be the first major attempt by Kenya’s attempt to enact a specific statute on lawful interception of telecommunications information.

Despite the objective of the Act being to provide the legal regime for mutual legal assistance to be given and received by Kenya in Kenya in investigations, prosecution and judicial proceedings, the Bill actually contains a substantive legal principles that appear to authorise interception of telecommunication information.

Ideally, given the situation-sensitive issues surrounding lawful interception, one would expect the enactment of a specific act of parliament that deals with issue.

Be that as it may, under the provisions of Article 27 of the Act, Kenya may execute a request from a requesting state for the interception and immediate transmittal of telecommunication information or the interception, recording and subsequent transmittal of telecommunication.

A request for Mutual Legal Assistance shall include:

(a) an indication of the authority making the request,

(b) confirmation a lawful interception order or warrant has been issued in connection with a criminal investigation, if such an order or warrant is required by law,

(c) information for the purposes of identifying the subject of the requested interception,

(d) details of the criminal conduct under investigation ,

(e) the desired duration of the interception and

(f) if possible, the provision of sufficient technical data, in particular the relevant network connection number, communication address or service identifier to ensure the request can be met.

Under Section 32 of the Act, a request may be made to Kenya from a requesting state for covert electronic surveillance.

Foreign law

Is this the best incorporation in legislative enactment of the principles on lawful interception of telecommunication information?

Not necessarily. Is it the only approach? Clearly not.

The provisions of the Act on lawful interception do not conform to the provisions of the Constitution.

It might create interpretational problems and if applied, its constitutionality can easily be challenged.

A number of reasons can be cited for this proposition.

First and critically important, the legislation does not provide for the circumstances, local warrant or interception order procedures.

The Attorney General is merely required to comply with requests that have been issued under foreign law and governed by exotic procedures.

This is very problematic in that there is no room for a person (the subject of interception) to challenge in Kenya, the legality or constitutionality of these procedures and law.

Currently, the High Court of Kenya has no jurisdiction to deal with the legality or otherwise of foreign procedures.

This puts a litigant in a difficult position where the only options available are to file proceedings in the requesting state country to prohibit the receiving into evidence information obtained upon interception in Kenya.

Alternatively, the aggrieved person has the option of seeking judicial redress in Kenya to preclude the Attorney General from transmitting the recorded information.

Secondly, providing for the interception of telecommunication information in Kenya by applying procedures and rules of the requesting state in Kenya may be considered as an attempt to apply foreign legal process in Kenya.

In essence, this extends the jurisdiction of the requesting state in Kenya, a clear affront to Kenya’s territorial sovereignty.

It would have been better if an Act of Parliament is enacted in Kenya that clearly provides for the rules and procedures to be followed in lawful interception.

These procedures should be subjected to a stringent constitutional test to preclude instances of flagrant violation of the right to privacy.

As it stands, the interception procedures in Mutual Legal Assistance Act are not adequate to meet the constitutional standards.

Persons enjoy the reasonable expectations of privacy as guaranteed by the Constitution; any legislation that takes away this right must be subjected to a cogent suitability test.

In sum the legal principles on lawful interception must be more nuanced, balanced and contain accurate rules that balance between the constitutional recognition of the right to privacy and instances where limitations of the right are permitted.

The derogations must be consistent with the aims of a free and open society.

Certainly, the Mutual Legal Assistance Act does not meet even the basic of the thresholds.

Given the sensitivity of the issue of lawful interception it is necessary that a substantive Act of Parliament is enacted.

A substantive statute on the interception of telecommunication information will not only cover all substantial themes on interception but also contain adequate safeguards to preclude abuse of discretion on the part of the security agencies.

This entails striking a balance between the privacy concerns of the citizenry and the public safety issues.

Kenya is not the first country to enact a statute of this kind. Countries such as United States, Australia have long enacted the Act and it has worked pretty well in their legal systems.

By Peter Wanyama (email the author)
Posted Monday, October 25 2010 at 00:00

Mr Wanyama is an Advocate of the High Court and Member Young International Arbitration Group, London.

ReliefWeb » Document » Sudan jams UN radio's website

ReliefWeb » Document » Sudan jams UN radio's website

Metro - Rights groups blast Egypt detention of blogger

Metro - Rights groups blast Egypt detention of blogger

M-Pesa Helps Farmers Get Insurance Claims | audiencescapes

M-Pesa Helps Farmers Get Insurance Claims | audiencescapes

Monday, November 8, 2010

Computing Centers Sprout in Rural Kenya | audiencescapes

Computing Centers Sprout in Rural Kenya | audiencescapes

Tuesday, November 2, 2010

Visa develops Mobile Payment Platform for Android

Monday, November 1, 2010

Mobileactive08: Mobiles & Citizen Media

Kenya pioneers new way of using mobile phone



New Media and Elections in Africa: An African perspective

Discussions of new media have often underplayed the African continent. Scholars have developed theories about how digital technology affects democracy and political processes, however, these theories have a tendency to exclude the experience of Sub-Saharan Africa, where meaningful access to new media technologies is increasing.

On 11 & 12 October 2010, I attended two-day conference on Media and Elections in Africa, hosted by the Wits Institute for Social and Economic Research (WISER) and the Department of Political Studies at Witwatersrand University, Johannesburg, South Africa. The conference was well attended by speakers and audiences from many parts of the African region, hence making the conference a platform for debate in a truly African context

Although the focus of the conference was on ‘Media’ in general, I choose to highlight only those papers that had a focus on new media and its respective technological tools. Such discussions sought to discuss whether the use of these new digital tools is actually improving African political structures, systems and processes, in particular elections. The papers cited below examined the impact of new information and communication technologies (ICTs) on the societies and politics of African countries.

Dumisani Moyo of media and elections in Africa in his paper ‘The New Media as Monitors of Democracy: Mobile Phones and Zimbabwe’s 2008 Election’ argues that the advent of new communications technologies such as the Internet and mobile phones has ushered in a new era of political communication in Zimbabwe where citizens actively participate both in the election campaign and monitoring processes. He looks at these new innovations and their entry into the field of political communication, focusing particularly on the convergence of mobile phones (in particular the SMS or short message service), the Internet and clandestine radio during Zimbabwe’s contested 2008 election. He concludes that these new forms of communication are fast eroding the monopoly of incumbent governments over the communications landscape. Therefore undercutting the liberation discourse that has had a stranglehold on election processes, and signaling the possibility of more open political spaces where divergent views can co-exist.

Joyce Omwoha of Wits University interrogated two Kenyan vernacular radio stations namely, Coro FM which is run in Luo language and Kass FM which is run in the Kalenjin. Her paper was titled, ‘The Power of Talk: Interrogating Vernacular Talk Radio as a Tool for Political Manipulation in Kenya.’ She contends that the two vernacular radio stations were particularly accused of encouraging division between various ethnic communities such as kikuyus, Embus and Merus (who were in favor of the incumbent President Kibaki’s reforms) and Luos, Kalenjins and Luhyas (who opposed Kibaki and mainly supported the opposition). She further reckoned that Kass FM, and Coro FM, through the content they disseminated in the air waves, actually did influenced increased expression within and by the numerous ethnic groups in Kenya. She argues that the way in which political leaders were represented by these talk radio stations during the election period enhanced the political-tribal-tensions and politics of identity that is typical in Kenya. That the identification of politicians was peculiarly through their belonging to a particular ethnic community more than what their politics was really about.

Jendele Hungbo of Wits University also espouses on the issue of representation and identity politics through the case study of South Africa. He claims that the questions of representation and identity politics always become more noticeable in talk shows during elections in transitional democracies. Drawing on material from two radio talk shows, ‘The After Eight Debate’ (SAFM) and ‘The Redi Direko Show’ (Talk Radio 702), his paper, ‘Talking to the Polls: Election Discourses in Two Radio Talk Shows in Post-Apartheid South Africa’ attempts to show the ways in which identity politics are re-enacted on radio among different socio-political groups in a context of grave political contestations arising from the peculiar historical realities of the country. While bringing out the dynamics of these contestations and negotiation of identity, he concludes that discourses in the public domain constituted by radio talk shows during crucial media moments like elections, should be viewed as useful political messages aimed at constructing identities for the mobilization of citizens towards specific objectives.

While new media technologies, as showcased above, may have a role in African democratic processes and elections, their potential must be questioned in light of the continent's economic, political and cultural realities. Further research is necessary if we wish to make any conclusions on whether new media technologies can actually mobilise for political change in Africa.

Chinta Musundi – Beez