The Role of Librarians and
Information Providers in the new
Legal, Statutory and Regulatory
Framework: A Discussion on
Exp...
BACKGROUND
• The Library and Information Service sector is in transition
• The Library sector isb supported by a Parliamen...
CONTEXT
• The context of this presentation is the ‘shift from the
previous statutory regime’ and the introduction of new
l...
• A number of articles that form a foundation
to article 35 – access to information
• University Education Act 2012, and t...
FOUNDATIONAL ARTICLES
• Article 1 (1) of the constitution gives the sovereign power to the
people of Kenya and shall be ex...
• Article 10 (2) the national values and
principles of governance include –
a) Patriotism, national unity, sharing and dev...
• Article 11 (2) the state shall – (a) promote all
forms of national and cultural expression
through literature, the arts,...
• Article 19 (3) the rights and fundamental freedoms in
the Bill of rights – (a) belong to each individual and not
granted...
• Article 22 (1) every person has a right to institute
court proceedings claiming that a right or
fundamental freedom in t...
EXPECTATIONS
• Implications of information as a fundamental
human right
• Civil duty and obligation to provide
information...
• Excellence and prudence in discovering
managing, handling and dissemination of
information;
• Expertise, skills, abiliti...
CHALLENGES
• Traditional perceptions of great affinity to form of
content storage rather than information value
from the c...
OPPORTUNITIES
• Redefinition of modus of operandi – our business
process structure – beyond the physical format to
intangi...
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The Role of Librarians and Information Providers in the new Legal, Statutory and Regulatory Framework: A Discussion on Expectations, Challenges and Opportunities

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The Role of Librarians and Information Providers in the new Legal, Statutory and Regulatory Framework: A Discussion on Expectations, Challenges and Opportunities

Highlights and Discussions by Charles Nandain,
International Leadership University
March 21st 2013
At the Catholic University of East Africa

Published in: Education
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The Role of Librarians and Information Providers in the new Legal, Statutory and Regulatory Framework: A Discussion on Expectations, Challenges and Opportunities

  1. 1. The Role of Librarians and Information Providers in the new Legal, Statutory and Regulatory Framework: A Discussion on Expectations, Challenges and Opportunities Highlights and Discussions by Charles Nandain, International Leadership University March 21st 2013 At the Catholic University of East Africa
  2. 2. BACKGROUND • The Library and Information Service sector is in transition • The Library sector isb supported by a Parliamentary Act of parliament - 225 establishing the Kenya National Library Services Board • The mandate of the KNLS Board mainstreamed on promoting reading • At the time of establishing KNLS, only the University of Nairobi and Mac Milan Libraries were prominent. Currently, a network of University Libraries add a formidable presence in the whole nation • The Kenya Library Association made a great contribution in mobilizing members and working towards a common cause • In Kenya’s current constitution, libraries feature under the County Government. This is an indication that Act 225 is most likely to be reviewed
  3. 3. CONTEXT • The context of this presentation is the ‘shift from the previous statutory regime’ and the introduction of new legal, policy and regulatory framework in Kenya. • Chapter four of the constitution – Bill of Rights, Article 35 (1) (a), (b) as the main point of reference. • Foundational articles that builds up to - constitutional imperatives to ‘the right of access to information as a human right’ • The likely expectations, challenges and opportunities
  4. 4. • A number of articles that form a foundation to article 35 – access to information • University Education Act 2012, and the Library Standards by the Commission of University Education (CUE) as the regulatory body in the education sector
  5. 5. FOUNDATIONAL ARTICLES • Article 1 (1) of the constitution gives the sovereign power to the people of Kenya and shall be exercised only in accordance to the constitution or as delegated to the parliament, national executive and the executive structures of county government and the judiciary ; • Article 2 (4) rules out of order any law that is inconsistent with the constitution as void to the extent of the inconsistency ; • Article 2 (5) any treaty or convention ratified by Kenya shall form part of the law under the constitution ; • Article 10 (1) the national values and principles of governance shall bind all state organs, state officers, public officers and all persons whenever any of them – (c) makes or implements public policy decisions.
  6. 6. • Article 10 (2) the national values and principles of governance include – a) Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; b) Human dignity, equity, social justice, inclusiveness, equality, human rights, non- discrimination and protection of the marginalised c) Good governance, integrity and transparency and accountability; and d) Sustainable development.
  7. 7. • Article 11 (2) the state shall – (a) promote all forms of national and cultural expression through literature, the arts, the traditional celebrations, science, communication, informa tion, mass media, publications, libraries and other cultural heritage (c) promote the intellectual the intellectual property rights of the people of Kenya. • Articles 12 (1) every citizen is entitled to – (a) the rights and privileges and benefits of citizenship (only) subject to the limits provided or permitted by the constitution
  8. 8. • Article 19 (3) the rights and fundamental freedoms in the Bill of rights – (a) belong to each individual and not granted by the state; (b) do not exclude other rights and fundamental freedoms not in the Bill of rights, but recognized and conferred by law, except to the extent that they are inconsistent with the constitution • Article 20 (1) the Bill of Rights applies to all law and binds all state organs and all persons - (2) Every person shall enjoy the Bill of Rights to the extent consistent with the nature of the rights or fundamental freedom. • Article 21 (1) it is the fundamental duty of the State and every State organ to observe, respect, protect, promote, and fulfill the rights and fundamental freedoms in the Bill of Rights
  9. 9. • Article 22 (1) every person has a right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened. • Article 32 (1) every person has the right to freedom of conscience, religion, thought, belief and opinion – • Article 35 (1) every citizen has the right of access to – (a) information held by the state and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom.
  10. 10. EXPECTATIONS • Implications of information as a fundamental human right • Civil duty and obligation to provide information • The need for proactive methodologies and processes to assure the right to access information • Demands by the citizens for information as a right
  11. 11. • Excellence and prudence in discovering managing, handling and dissemination of information; • Expertise, skills, abilities and capabilities of retrieval of information in different formats; • Remaining relevant to the information seekers; • Development of values and attitudes that align with the spirit and letter of the constitution; • Professionalism – development of code of ethics and standards of practice; • Leadership and governance issues to ensure TAPEE tool compliance.
  12. 12. CHALLENGES • Traditional perceptions of great affinity to form of content storage rather than information value from the content • Focus on content and information rather than its physical form storage • Emerging stake of information as the major factor of production in economic development • Multiplicity of players in the information service provision to the extent that Information Technologist play core roles than Librarians
  13. 13. OPPORTUNITIES • Redefinition of modus of operandi – our business process structure – beyond the physical format to intangible portable format • Professional training that is in tandem with the information age • Evaluation of our value systems and our ethical foundations in handling information • Leadership and Governance imperatives to leverage to distinguish ourselves as a credible professional body

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