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Journal of Intellectual Property and Information Technology Law. Call for Submissions

Journal of Intellectual Property and Information Technology Law.Call for Submissions. Click here for more details.

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The Nature of Information Controls during Electoral Processes

The Case of Kenya 2017 and Zimbabwe 2018 Elections. Register here.

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Our Partnership with Omidyar Network

The Appropriate use of Digital Identity: Why Omidyar Network invested in Three-Region Alliance. Click here for more details.

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Biometric Technology, Elections, And Privacy

Biometric Technology, Elections, And Privacy

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Intentional Internet Disruptions in Africa

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Find out more on Our Projects

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Find out more on Resources

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Find out more on our Training

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Alberto J. Cerda Silva

Alberto J. Cerda Silva is tenured assistant professor in law and technology at the University of Chile Law School. As a former Fulbright Commission scholar, he holds a doctoral degree from Georgetown University with a dissertation on human rights, copyright, and internet regulation in Latin America. Currently, he is program officer at the Ford Foundation’s International Technology and Society Program, from where he supports organizations advancing internet policies from a social justice and human rights viewpoint worldwide. E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

 

Prof Luis G. Franceschi

Prof Luis G. Franceschi, LLB, LL.M, LL.D is Founding Dean of Strathmore University Law School, which is today regarded as one of the most reputable and innovative law schools in Africa. As a thinker, educator and writer, he loves positive and disruptive innovation. He is currently engaged on the Courts of the Future initiative, where he has brought together academia, practitioners, governments and judicial officers to transform the way justice systems operate in Africa. He is the recipient of the 2018 Utumishi Bora National Award in Research & Writing, the 2016 Australian Award and Visiting Fellowship at Griffith Law School (Brisbane) and he has been appointed as Visiting Fellow of Mansfield College during his visit to Oxford.

His area of expertise focuses on the convergence between Constitutional law and Public International Law “the constitutional regulation of the foreign affairs power”. He is also a legal advisor to several national and international government agencies, commissions and programmes, including international and regional courts, the United Nations and the World Bank. He sits on several boards: Transparency International (Kenya), the International Justice Commission (The Hague), the African Prisons Project (London), the Africa Legal Network (ALN) Academy (Mauritius), the International Association of Law Schools (New York), among others.

His latest publications include “The Rule of Law, Human Rights and Judicial Control of Power”, Springer; “Judicial Independence and Accountability in Light of judiciary Code of Conduct and Ethics of Kenya” ICJ Kenya; “The Cost of the Constitution in Kenya: A Cost Analysis of the New Governance Framework Introduced by the 2010 Constitution of Kenya”, Harvard Africa Policy Review; “The Constitution of Kenya; A Commentary” (a 900-page article by article commentary of the Constitution), SUP (second edition); and “The African Human Rights Judicial System; Streamlining Structures and Domestications Mechanisms Viewed from the Foreign Affairs Power Perspective”. He is also a weekly columnist with the Daily Nation Newspaper (Kenya). He has also conducted executive leadership courses for CEOs in more than 25 countries. He is a Kenyan citizen and resides in Nairobi.

 

Angela Wasunna 

 

Angela Wasunna is Vice President, Emerging Markets Policy at Pfizer. In her role, she is responsible for leading the development and implementation of a coordinated approach to advance business-focused policy issues related to drug pricing, intellectual property, health systems, healthcare financing and regulatory reform in Emerging Markets. Previously Angela was Assistant General Counsel, Intellectual Property Policy in Pfizer’s Legal Division. Angela received her law degree from the University of Nairobi Kenya, and advanced law degrees from McGill University, Canada and Harvard Law School. She is admitted to practice law in the State of New York and is an Advocate of the High Court of Kenya. 

Before moving to Pfizer, Angela was Associate for International Programs at the Hastings Center for Bioethics, New York. At the Hastings Center, she managed projects on intellectual property rights, market mechanisms in health systems, and public health policy. Angela has also served as consultant to several agencies including the World Health Organization, the Institute of Medicine (IOM), the Centers for Disease Control (CDC), the World Health Organization, the Bill and Melinda Gates Foundation, the World Bank and the Department for International Development, UK (DFID). Angela has published several peer-reviewed articles in academic journals, and lectured internationally.  She is co-author of the book: Medicine and the Market: Equity v Choice, Johns Hopkins University Press, 2006.

 

Marisella Ouma

Marisella Ouma is a lawyer and an advocate of the High Court of Kenya, with expertise in Intellectual Property (IP) Law based in Nairobi, Kenya. She is currently the Head of Legal at the Central Bank of Kenya and has been a parttime/visiting lecturer at the University of Nairobi, Strathmore University and the Africa University. She is also an online tutor at theWorld Intellectual Property Organization (WIPO) Academy. She holds a PhD in Law from Queen Mary, University of London. She is a Member of the Law Society of Kenya and the Institute of Certified Secretaries in Kenya. She previously worked as the Deputy Solicitor General, Legal Advisory and Research, Office of the Attorney General and Department of Justice and was the founding Executive Director of the KECOBO. She has also served on the Board of the KIPI as well as the Board of the Anti-Counterfeit Agency (ACA).

Professor Githu Muigai

Professor Githu Muigai hold an LLB and a PhD from the University of Nairobi, an LLM from the Colombia University Law School and Diploma in law from the Kenya School of Law. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). He was called to the Bar in 1985. He specializes in public procurement law, corporate finance, civil and commercial litigation. In addition to the practice of Law, he is the immediate former Attorney General of the Republic of Kenya.

 

This report looks at how Internet freedom is linked to electoral and other political processes by analyzing the legal and policy framework governing information control in Kenya and Zimbabwe. It looks particularly at the controls leading to the August 2017 elections in Kenya and the July 2018 elections in Zimbabwe. The aim is to contribute evidence to the conversation on the relationship between the Internet, and human rights and the wider democratic processes. Therefore, our main research objective is to analyze information controls in Kenya and the region in a systematic manner; in order to identify existing legal structures and policy motivations, and the technical nature of these controls through Internet shutdowns and other forms of censorship.

Read full report here

In the aftermath of security incidences in Kenya, National security has been brought to the fore front as a priority area. Terror attacks and similar events have resulted in the hasty passage of  various laws.  Such laws, intended as a remedy to the national security concern, have been found to infringedon fundamental human rights and freedoms enshrined in the Constitution of Kenya. In response, court challenges of the laws have led to a number of them being declared unconstitutional.  This practice of appropriating the legislative process followed by lengthy constitutional challenges is both costly and unnecessary. Therefore, there is a need for a proper methodology to ensure that national security interests are achieved while upholding the bill of rights. This study looked at the right to privacy in security laws. It provides a checklist of factors to consider in security legislations that touch on the right to privacy. Access Report Here.

 

The Friendly Troll

The Friendly Troll is a podcast with observations of the global tech industry from the perspective of the Global South. Our trolling is meant to enlighten listeners and explore interesting topics from a new point of view. The podcast is produced by CIPIT, the Centre for Intellectual Property and Information Technology Law, at Strathmore Law School in Nairobi, Kenya.

Episode One

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Welcome to the Friendly Troll!

A weekly podcast on all things tech, and the interaction between the global south and global north.

First things first, why the global south? Why a troll? Why is it friendly? Why another podcast?

Well, the global south is often seen as an incubator for the global north to identify and implement their solutions to perceived problems, but not often as a case study for what the global north can learn from those of us in the global south. And so, a podcast is born. Exploring tech dynamics in the global south in the context of larger tech developments around the globe.

Our inaugural podcast highlights one of Kenya’s leading contributions to tech, mobile money, and in particular, the solutions we have put forward to address the issue of mobile money reversal. This is something with which the west is newly struggling, yet we have experimented with different approaches for over a decade. 

This episode is inspired by this podcast by Marketplace Tech: https://www.marketplace.org/shows/marketplace-tech/payment-apps-are-all-fun-and-easy-until-you-get-burned-by-a-typo/ 

Links from the show: 

  • https://www.kictanet.or.ke/?p=37261 
  • https://www.businessdailyafrica.com/corporate/companies/MPesa-users-reverse-wrong-transactions-SMS/4003102-4125722-coi64j/index.html 
  • https://www.telecompaper.com/news/safaricom-enables-accidental-top-up-reversals-to-m-pesa--1012986 
  • https://www.kahawatungu.com/2018/06/18/subscriber-sends-ksh10000-safaricom-unable-reverse/ 

A note: as of the publication of this episode the suspension on the sections of the Cybercrimes and Computer Misuse Act has been extended to January 2020 when, Makau J will pronounce his final Judgment in the ongoing High Court case.

Below are the submissions and memoranda with downloadable PDFs.

1. Proposed changes to the Data Protection Bill 2019 Access PDF Here
2. Memorandum Submission - Data Protection Bill (National Assembly Bill No. 44 of 2019 Access PDF Here
3. Public Participation on CCTV Policy Access PDF Here
4. Memorandum Submission - Huduma Bill, 2019 Access PDF Here
   

ICT Policy

 All the TechPolicies around Africa.

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Trademarks

 A record of registered marks in Kenya.

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Granted Patents

For ARIPO and Kenya Patents.

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Kenya IP Case Law

IP-related cases from Kenyan courts.

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