IN NEED OF CYBERLAW IN TANZANIA
Tanzania became independent on December 9, 1961 . In the 48th year of Tanzanian independence, Internet was commercially introduced in our country. The beginnings of Internet were extremely small and the growth of subscribers painfully slow. However as Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws which are necessary to regulate Internet in Tanzania . This need for cyberlaws was propelled by numerous factors.
Firstly, Tanzania has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the foremost amongst them is The Constitution of Tanzania , the Companies Act, and so on. However the arrival of Internet signalled the beginning of the rise of new and complex legal issues. It may be pertinent to mention that all the existing laws in place in Tanzania were enacted way back keeping in mind the relevant political, social, economic, and cultural scenario of that relevant time. Nobody then could really visualize about the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly ever be anticipated. As such, the coming of the Internet led to the emergence of numerous ticklish legal issues and problems which necessitated the enactment of Cyberlaws.
Secondly, the existing laws of Tanzania , even with the most benevolent and liberal interpretation, could not be interpreted in the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the practical experience and the wisdom of judgment found that it shall not be without major perils and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyberlaws. As such, the need for enactment of relevant cyberlaws.
Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email is not “legal” in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As such the need has arisen for Cyberlaw.
Fourthly, Internet requires an enabling and supportive legal infrastructure in tune with the times. This legal infrastructure can only be given by the enactment of the relevant Cyberlaws as the traditional laws have failed to grant the same. E-commerce, the biggest future of Internet, can only be possible if necessary legal infrastructure compliments the same to enable its vibrant growth.
All these and other varied considerations created the conducive atmosphere for the need for enacting relevant cyberlaws in Tanzania . One question that is often asked is why should we have Cyberlaw in Tanzania , when a large chunk of the Tanzania n population is below the poverty line and is residing in rural areas ? More than anything else, Tanzania , by its sheer numbers, as also by virtue of its extremely talented and ever growing IT population, is likely to become a very important Internet market in the future and it is important that we legislate Cyberlaws in Tanzania to provide for a sound legal and technical frame work which, in turn, could be a catalyst for growth and success of the Internet Revolution in Tanzania .

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Yona Fares Maro
I.T. Specialist and Digital Security Consultant

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From: Yona Fares Maro
Date: Sat, Sep 19, 2009 at 4:09 AM
Subject: IN NEED OF CYBERLAW IN TANZANIA

From: Yona Fares Maro
Date: Wed, Sep 16, 2009 at 12:23 PM
Subject: Time to Reshape Our economic climate

Despite recent progress in the macro economic climate and situation in the country, the investment and business climate in the country is still weak. It remains harsh for long term investment in production, especially manufacturing processes. Some of the government’s policies still impact negatively on business in general. These policies or the effects of non policy include infrastructural defects, multiple taxation, insecurity of lives and property, high interest rates (a reflection of the high of cost of money), inadequate quality of human resources, lack of managerial capacity, and poor implementation of government policies.

The ability of the Tanzanian economy to compete with other countries with the same level of aspiration is very crucial. Competitiveness will allow Tanzania to plug into the global economic environment but the implications of a weak infrastructure is an inability to do this. The partnership between the public and private sectors is no doubt key to the emergence of Tanzania as an economically competitive nation. In addition to this is taking education and training very seriously.

Education and training will be a platform for an extensive use and development of technology and continuous innovation. The role the government should play in improving the climate for innovation and technology is huge and this climate will help improve the general climate for business, investment, and economic growth. Other areas of competitiveness include the implications of institutions, policies, and factors that set sustainable medium term levels of economic prosperity.

These are areas of governance, institutions, infrastructure etc. Variables considered within these areas will include property rights, diversion of public funds, organised crime, overall infrastructure and primary school enrolment rates.

Also, one underlying inability to compete is the lack of national economic competitiveness. The states, as critical building blocks for economic transformation, have failed miserably as critical agents of economic growth and development. The allocation to states has become basic handout for successive state governments and civil servants, rather than provide the platform supportive of government expenditure for economic growth. Critical issues that affect business, investment, employment and economic growth such as local taxation, land registration, water supply, road development and maintenance, industrial planning etc are within the control of the states. The way they are handled has implications for the progress we want to make towards 2025.

In relation to foreign direct investment (FDI) and broader climate for foreign businesses and investment, it is important for us to facilitate foreign investors’ access to registration, justice, and other requirements to commence business in Tanzania. We need to benchmark with countries that have the same aspirations as us in the areas of tax laws and creating a favourable environment free of disruption and injustice, as a way of further curbing insecurity.

There is also the need to sustain the fight for change and significant reduction in the level of corruption in the country. We must be seen to adopt a zero tolerance approach to corruption and other economic and financial crimes. The Tanzanian economy must be opened up for competition while providing an effective enabling environment sustained by the strengthening of law enforcement.

Development is underpinned by competition, while corruption, fraud and the absence of due process could undoubtedly reduce the competitive advantage of any country. There is a clear need for a national resistance to corruption, fraud, and mismanagement, while genuine efforts must be made to create a stable socio political environment.

—
Yona Fares Maro
I.T. Specialist and Digital Security Consultant

A child of Sudanese descent was found dumped along the Komarock Canal this morning.

The child had been reported missing last Friday.

I called the Police and the Area Assistant Chief who responded with speed. As residents, we must come together and work closely with the Administration to forestall such incidents.

It calls for us to work with speed and convert the Canal into a cleaner environment where parents and children can both visit and relax. We must not be intimidated by these acts of cruelty directed at very innocent children.

The Government must also pull its socks as far as prevention of crime is concerned. It is not always good to respond to such heinous acts. Working together with the Police and the Area Chief, we must act.

To this extent, we have called a meeting slated for Wednesday at 3pm at the Bridge Phase 3A/3B which will address 2 issues; Security and environmental conservation.

Members of the press are invited to this meeting. Criminals live with us, and those who degrade our environment also live with us. It is our responsibility to sort this mess out.

Our condolences to the bereaved family. We will stand tall with you at this hour of grief.

Odhiambo T Oketch,
CEO KCDN Nairobi.

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From: odhiambo okecth
Date: Mon, Sep 14, 2009 at 4:59 AM
Subject: Fw: Murder most faul

From: john kamau
Subject: LYNCHING
Date: Friday, September 11, 2009, 9:05 AM

Alex,

After several months of contribution, I may have said or implied a hurtful word. Without attempting to justify my . I offer my sincere apology to all who could have been offended.

What I meant to say though, must not only be said but be emphasized. Kenya belongs to all of us and our children. Future generations will depend on the words and actions that are coming from you and me.

I have always condemned poor governance in our public institutions, I have rejected corruption in all its forms, Impunity by any class perpetrated by our leadership from Kenyatta ,to Moi, to Kibaki, and now to Kibaki and Raila. It is unacceptable and should be condemned by all peace loving Kenyans.

Trivializing national sins and offering them safe havens’ at the door steps of tribe justifies cosmetic panacea both at a personal level and eventually at national level.

This short sightedness by the Kenyan masses, have been exploited by past and present leadership and will continue way in to the future. Unless we reject short term solutions, AND sacrifice our tribal egos. W Should painstakingly pursue long-term, thus permanent solutions to national problems. The price will be high, the pain will be great and the process will be slow. We have agreed that Kenya is ailing. Wrong prognosis, wrong treat meant as witnessed after the last Elections leads to death and destruction as witnessed during last Elections.

Kenyans , we have been made to believe that when you cast your vote you SURLENDER you power to a man/woman,. This should not be so. We should cast our votes and not forfeit our power. We can demand a new constitution before casting our votes. Why is no one of this very good leaders spending sleepless nights planning how we Kenyans can have a new constitution???. Simple .. they want us to go to Elections under the old one that guarantees them total control over our lives.

My dear Kenyans before you lynch me for defending a gikuyu please hear me out. DECTATORS ARE MADE. No matter what this people were, what they will become when we finally put them in office depends on what tools of trade we give them. Structures of governance guaranteed by the constitution.

Why else do you think they fight tooth an nail to change guard but leave the laws intact. First it was Kenyatta then Moi, then Kibaki now Kibaki and Raila. Soon it will be you or Me or Ruto. And the cycle will continue. For those who hate me mentioning Raila I have something for you with all fairness. Those who can’t be trusted with little have no business with more. ODM read Raila since their half loaf pass or fail what they will in parliament . for those of you who are familiar with pre bargain. This is the game.

Power corrupts, Extreme power corrupts absolutely. Look at the tread… Taking power from the executive to the legislature has only allowed the MP’s to walk in to parliament and triple their salaries and allowances thousands of times. Why don’t they gang up with the same vigor to fire Rigera, or Wako. Why have we never witnessed a Minister for the last 47yrs go to real Jail. I mean not sneaked in to jail on the morning of hearing, but spending real time in Jail like any other convicts.

From: Jagem K’Onyiego
Subject: Re: LYNCHING
Date: Saturday, September 12, 2009, 3:52 PM

Kamau,

My ‘Fled’, or is it my friend, you have talked very nice and every well. And as you have said that when Kenyans cast their votes they do ‘Sulender, or did you mean to say surrender your power to a man or a woman. All this is good. What bothers me is the way you have chosen to selectively block history from your mind. This probably could be a manifestation of Amnesia up there, hallucination or maybe serious setting in of Alzheimer’s syndrome. It is also possible that these deceases could have set in simultaneously, and as such are causing untold suffering on the organ between your shoulders. This therefore interferes with the way the Cortex organizes itself.

When Moi was squeezing Kenyan balls, it took the bravery of Gitobu Imanyara, Jaramogi Odinga and Paul Mwite (The Three Musketeers) to call for repealing of section 2 (a) of the Constitution. What was Moi’s response? Since Moi could not throw Jaramogi’s butt in detention, he chose his son, Raila. For he knew by destroying Raila, he was hitting Jaramogi in his heart. So Raila was booted and languished in Prison not because Moi had anything against the young man, but just because he wanted to silence Jaramogi’s voice.

When the calls and the pressure became too much and Moi realized Kenyans were becoming United, he seeked another approach of dividing the people, so that he could survive the day and continue with tyranny. In that confusion he let Raila go.

Anyways in Short part of what made the second liberation come, you know the liberation that has now given me and you a voice here to yap yap like parrots, is owed more to Odinga and his son Raila, Imanyara Gitobu the “True merian of all time” Paul Muite (Remember Jeremiah of the Bible he who always reminded people to keep the laws?), Rubia and Matiba. Orengo and many others. Unfortunately the “Johny come latelies” ended up spoiling the soup.

Now, according to your reasoning, Raila has blocked, the changing of the Constitution. Well, If your Cortex, sees it this way, then, you are not using the full brain;…. may I say that, you are using just part of it. I thought Raila is one of the people who was at the fore front for this current constitution to be changed. And that is one of the reasons why he ran for President in 2007. It is also the same reason he spent tireless efforts working with the people who were at the bomas urging them to stay focused on what the Kenyan people want.

Do you also want to plead, Alzheimer’s, that Raila has said time and again that the “drafts” be tabled in Parliament to be discussed. When he demanded sooo hard for this to take place, many Politicians became jittery. Did not Martha Karua tell off Raila, then, that it is the prerogative of the Minister for Justice to decide the appropriate time for the motion to be brought to Parliament. Finally what did they do? They appointed the “Toothless bulldog”, called Mutula, “eti” to refine the document..

This Mutula seems to be a fake Lawyer, for why would it take him15 months to read through a document that has been drafted and refined and re-refined. It took Mr. “Smiles” alias Wako, only two weeks behind closed doors, somewhere at the shores of ‘Bahari Hindi” to read through the entire document, and he did not only do, that, but he also managed to “generously” sneak in some two words or two sentences of his own. Something wants to tell me here that, Amos is 45 times more effective than this Kamutii man.Take your bet! Were Mutula to be the Attorney General, and a corruption case was to be prosecuted, and given the fact that he is 45 times slower than Wako, also given the speed that it takes Wako to sign prosecution documents, for a corruption suspect to be arraigned in court, do you think, that, a single case can ever be concluded in Mutula tenure?

I think by now you should have come to a conclusion as to what kind of people are blocking the process of Changing the Constitution
Judge for yourself, but your wild Idea that Raila is blocking the process for Changing of the Constitution, makes me wonna believe that you are a “strong candidate” for a one on one, with a Professor at any “Mental Health Institution”.

K’Onyiego

from: Judy Miriga 9:04 am (13 hours ago)
date Sep 13, 2009 9:04 AM
subject Re: LYNCHING – Correction

Konyiego,

Correction please …….. Imanyara, Muite and Matiba are the Jonnies come late ……. the people who spearheaded and fronted for the Reform, “The Repeal of Section 2A” were James Orengo who approached Jaramogi Oginga with the legal proponent to start activism for REFORM AGENDA (thats why Jaramogi liked James Orengo so much) with Martin Shikuku, Charles Rubia, Ochieng Oneko, Masinde Muliro and Waruru Kanja. Orengo recruited Prof. Anyang Nyongo, the late Oki Ombaka, Muite and Imanyara, They were then known as the “YOUNG TURKS”. Orengo has always been in the front line then, until he stook for Presidential Candidacy when they parted company with Raila, but regained relationship on 2007 election to join “ORANGE”. Matiba (the Jonnie come late) took Shikuku and gave him UGALI to break FORD with allegation (as usual JALUO CANNOT LEAD with flimsy added reason that LUOS DO NOT HAVE MONEY), then they formed FORD ASILI and cause ORIGINAL FORD TO BREAK.Orengo is not Jonny come late, and he did not spoil the soup. He was the Engine of FORD. I was “elected” Director of Women Ford Mombasa. Check your records ……..

Regards,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot..com