Kenya continues to witness a steady exponential growth of internet access. The Communications Authority of Kenya (CA), in its Third Quarter Sector Statistics Report for the Financial Year 2017/2018 notes that, “(Kenya’s) total data/Internet subscriptions grew (from the last review) by 8.2 percent, to record 36.1 million subscriptions (up) from 33.3 million recorded during the second quarter of the same financial year.”The report further highlights the total internet subscriptions as standing at 36.1 million subscriptions as at March 2018, growing from the previous 25.7 million in March 2017. The CA attributes the growth in internet subscription to the proliferation of smart phones used to access video on demand, games, music, news and social media sites; which content is protected by copyright.Continue reading
Last semester I spoke to the 3rd Year Strathmore Law Class on the topic of Social Media. Being an intellectual property (IP) law class, I divided up my presentation into several key areas. Firstly, social media as the subject matter of IP, which was the focus of a previous blogpost here. Secondly, IP in Social Media with a focus on the question of intermediary liability was discussed here. Finally we concluded by considering IP advantages and disadvantages of social media before concluding by looking at two case studies from Kenya. This third point will be the focus of this blogpost.
This semester I spoke to the 3rd Year Strathmore Law Class on the topic of Social Media. Being an intellectual property law class, I divided up my presentation into three key areas. Firstly, social media as the subject matter of IP, which was the focus of a previous blogpost here. In this post, we consider IP in Social Media with a focus on the question of intermediary liability. Continue reading
This semester I spoke to the 3rd Year Strathmore Law Class on the topic of Social Media. Being an intellectual property law class, I divided up my presentation into several key areas. Firstly, social media as the subject matter of IP, which will be the focus of this blogpost. Secondly, IP in Social Media with a focus on the question of intermediary liability. Thereafter I considered IP advantages and disadvantages of social media before concluding by looking at two case studies from Kenya.
By Francis Monyango**
In the run-up to the 2013 elections, Safaricom announced that it would control political messaging distributed via its network. This measure was put in place to avoid unnecessary attacks on individuals, their families and ethnic communities. The giant mobile network operator wanted to ensure that the bulk political SMS sent through its platform would not fall foul of the laws of Kenya. By publishing its own guidelines on bulk SMS of a political nature, Safaricom was working within its legal boundaries of leverage. This move was inspired by the Electoral Code of Conduct, which was part of the 2011 Elections Act that specifically prohibited hate speech in political campaigns. These guidelines were met by furor from the political class but the media peace campaigns drowned their voices.
An article by CIPIT researchers Dr. Isaac Rutenberg, Douglas Gichuki and Arthur Gwagwa titled: “Historical Antecedents and Paradoxes that Shaped Kenya’s Contemporary Information and Communication Technology Policies” has recently been published in the Harvard Africa Policy Journal available here. In the article, the authors retrace Kenya’s 5 decade long journey from independence to its present ‘Silicon Savannah’ status. Through an analysis of legislative and policy reforms in the area of information and communication technology (ICT), the authors argue that although Kenya has come a long way in introducing liberal market reforms that have immensely benefited the technology sector, policy challenges remain. In particular, the authors note as signs of relapse the passing of certain laws and introduced measures that restrict civil liberties, ostensibly as anti-terrorism measures, as well as to diffuse ethnic tensions.
Unlike other areas of intellectual property (IP) law, trademark law is a subject that is accessible to everyone. To understand why goods are marked with signs, why two or more businesses cannot use the same sign for the same goods or services, why it is not a good idea for those signs to be very similar to one another, why you should not be able to stop someone from using a sign if you have it but do not use it yourself, and so on – these are topics that quite amenable to general understanding.
On 22nd January 2015, Radio Africa Group (RAG) filed an application to register trademark no. KE/T/2015/85958 “KILIMANI MUMS” (WORDS) before the Registrar of Trade Marks. The application was filed in international classes 35 (Advertising; business management) and 41 (Education; providing of training) of the International Classification of Goods and Services for Purposes of Registration of Marks in respect of various goods and services.
In the recent case of Jacqueline Okuta & another v Attorney General & 2 others  eKLR, the issue for determination was the constitutionality or otherwise of the offence of criminal defamation created under the provisions of section 194 of the Penal Code. As many may know, section 194 provides that:- “Any person who, by print, writing, painting or effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed libel.”
#KOT, #SomeonetellCNN, #Someonetelltheworld, AkiraChix, Bitange Ndemo, Digital Kenya, Erik Hersman, iHub, innovation, Judith Owigar, Kenya's tech scene, KINGS of African digital economy, Nairobi, Palgrave studies of entrepreneurship in Africa series, Silicon Savannah, Tech entrepreneurship, Tech innovation, tech scene, Technology hubs, Techpreneur, Tim Weiss
The editors of Digital Kenya: An Entrepreneurial Revolution in the Making describe it as a ‘book of arguments and ideas’ and this blogger agrees with this analysis. Published in 2017 and originally published in 2016, a copy of the e-book is freely available under open access. The focus of the book is Kenya’s entrepreneurial revolution in the tech sector. Digital Kenya is authored and edited in a very interesting way; 14 key figures in the Kenya’s tech startup scene were interviewed (including Jay Larson, co-founder of the Tunapanda Institute discussed in a post here) and they provide a unique insight into the inner workings of the Kenyan tech scene and what it takes to be a digital entrepreneur, in addition the book was written by professors, contributors and scholars and edited by Bitange Ndemo and Tim Weiss.
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In a recent judgment in the case of Roshanara Ebrahim v Ashleys Kenya Limited & 3 others  eKLR, the High Court considered a petition filed by Ebrahim who was crowned Miss World Kenya 2015 and subsequently dethroned based on nude photographs of her allegedly given to the Miss World Kenya organisers by Ebrahim’s boyfriend. Aggrieved by the decision to dethrone her, Ebrahim sued Ashleys Kenya which is the organiser and franchise holder of Miss World Kenya from the Global Miss World pageant, Ashleys Kenya Chief Executive Officer (CEO), Ms. Terry Mungai along with her said boyfriend, Mr. Frank Zahiten and the First Runner-up Ms. Evelyne Njambi, who was enthroned as Miss World Kenya following the dethronement of Ebrahim.