from Sammy Kyungu to Stuart Lynn
18th October 2002
Dr. M. Stuart Lynn
I am writing to you on behalf of the Kenyan government concerning the .ke country code top level domain. In addition to reiterating that we designate KENIC Limited "as the appropriate entity to hold the delegation of authority by the ICANN for administrative authority of the .ke country code top level domain (ccTLD)," this letter is to provide ICANN with additional details regarding that designation.
The Kenyan government's recognition of KENIC Limited is subject to it operating within the provisions of its organization constitution (please see attached) and to the fulfillment by KENIC Limited of the conditions outlined in KENIC's Memorandum & Articles of Association, Letter dated 21st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD; Letter dated 5 August, 2002 from the Ministry of Transport and Communications to Stuart Lynn, CEO ICANN, re: Re-Delegation of .ke Country Code Top Level Domain, which seek to reflect the following:
The Kenyan government through Communications Commission of Kenya commits to fulfill its role as envisioned in the "Principles for the Delegation and Administration of Country Code Top Level Domains" adopted by the ICANN Governmental Advisory Committee (GAC) on 23 February 2000. As you know, Communications Commission of Kenya has been the Kenyan participant in the GAC since 2001 and supports the GAC as the appropriate vehicle for governments to participate in the ICANN process. In particular, the Kenyan government participated in the development of the GAC Principles, and has endorsed them as sound best practices for the delegation and administration of ccTLDs.
Under clause 8.1 of the GAC Principles, the Kenyan government designates KENIC Limited as the delegee of the .ke ccTLD and requests that ICANN enter into the three-way communication-based regime, as envisioned by the GAC Principles, to provide a framework of accountability for the management of the .ke ccTLD.
The designated point of contact within the Kenyan government is:
The point of contact for the proposed delegee is:
In matters concerning the .ke top-level domain the Kenyan government, as noted above, will require that KENIC Limited manage the .ke top-level domain according to the interest of the Kenyan public and particularly its Internet community. Within this framework, the relevant communications between the Kenyan government and KENIC Limited consist of:
We believe the above-mentioned communications embodies the terms and conditions set out in clause 9 of the GAC Principles. This is reflected in Attachment A. The Kenyan Government designation of KENIC is subject to KENIC's formal endorsement and continued adherence to the statements in that Attachment. It is the Kenyan government's intent that KENIC operate in compliance with the clause 9 GAC principles for. Where the communications do not address conditions specifically, the Kenyan government is committed to wokr with ICANN to ensure compliance.
Clause 8.2 of the GAC Principles calls upon the relevant government or public authority to communicate to ICANN how it will require the delegee to abide by the terms and conditions outlined in clause 9 of the Principles. The Kenyan government's ongoing endorsement is subject to KENIC Limited continuing to meet its obligations outlined in the letter dated 21st June, 2002 from the Communications Commission of Kenya to the Ministry of Transport & Communications, the 5 August 2002 Communication from the Ministry of Transport and Communications to ICANN, signed by the Permanent Secretary, Ministry of Transport and Communications, titled "re-delegation of .ke country code top level domain", KENIC's Memorandum & Articles of Association, and this letter.
As contemplated by the GAC Principles, the Kenyan government and KENIC Limited wish to work cooperatively with ICANN to ensure that KENIC Limited fulfills its responsibilities, to both the Kenyan and global Internet communities, as delegee of the .ke ccTLD. As envisioned by clause 5.1 of the GAC Principles, the Kenyan government recognizes its role of ensuring that the .ke ccTLD is administered in Kenya's public interest, taking into consideration public policies, laws, and regulations. At the same time, Kenya recognizes ICANN's function to establish, disseminate, and oversee implementation of the technical standards and practices that relate to the operation of the global domain-name system. (GAC Principles clause 6.1.) The Kenyan government considers ICANN to be the appropriate international entity to oversee the technical coordination of the Internet in a manner that will preserve it as an effective and convenient mechanism for global communication and commerce.
In view of the dual responsibilities, from different perspectives, of the Kenyan government and ICANN for ensuring that KENIC Limited operates appropriately as delegee of the .ke ccTLD, we believe that it is vital that there be close governmental/ICANN coordination in connection with the delegation. In this regard, we suggest the following procedures be followed:
If you wish to discuss any aspect of the above designation of KENIC Limited as delegee of the .ke ccTLD, please do not hesitate to contact either me or the KENIC management.
should be sent to email@example.com.