The government is calling for public comments on the controversial ICT Authority Bill, 2024, which aims to regulate the ICT industry by licensing and registering ICT companies and professionals.
This move is set to significantly change the landscape of an industry that employs over 250,000 Kenyans and contributes 8 per cent of the nation’s GDP.
As a regional leader in internet connectivity and value-added services such as mobile money transfer and mobile banking, Kenya’s ICT sector has been a powerhouse of economic growth. According to the World Bank, the sector has outperformed every other sector, expanding by 23 per cent annually over the last decade.
ICT Cabinet Secretary Eliud Owalo has reintroduced the bill, seeking to establish a legal framework for the Information and Technology Communications Authority (ICTA). This body will oversee regulatory matters at both national and county levels, aiming for a well-coordinated approach to ICT governance.
The Bill mandates the annual registration of ICT professionals through the ICT Authority. "A person who intends to provide ICT services shall apply to the Authority for accreditation in a prescribed manner and upon payment of the required fee," states the Bill currently in Parliament.
One of the Bill’s bold measures is the empowerment of the Authority to suspend or revoke the certificates of ICT service providers who contravene conditions of accreditation or fail to comply with directives. This includes service providers conducting business detrimental to the public interest or failing to meet the Authority’s standards.
A service provider could lose their certificate if they cease operations, are dissolved, fail to comply with directives post-suspension, or request revocation in writing.
Those aggrieved by such decisions can seek a review from the Board of the Authority and, subsequently, appeal to the High Court if necessary.
The Bill also introduces stringent regulations for infrastructure projects involving ICT installation. Project designs must include allowances for ICT infrastructure, adhering to codes issued by the Authority, and all plans must be shared with the Authority for review and approval.
Moreover, the Bill exempts public ICT infrastructure installations from being charged by any authority and mandates the creation of a national ICT infrastructure register by the Authority. These measures are intended to streamline and facilitate the development of ICT infrastructure across the country.
According to the government, the ICT Authority Bill, of 2024, is crucial for delivering the Digital Transformation Agenda, aimed at accelerating economic growth and enhancing service delivery to citizens.
However, the Bill has faced considerable opposition from ICT experts since its initial introduction in 2016 as the ICT Practitioners Bill. Critics argue that it threatens the sector’s dynamic growth, which has created jobs for millions of youths, generated significant revenue, and attracted direct foreign investments through SMEs and startups.
Experts are particularly critical of the Bill’s requirement for ICT practitioners to be accredited by the government, based on minimum technical qualifications prescribed by the ICT Authority.
They argue this would exclude many skilled individuals who have not followed a traditional educational path. Notably, it is estimated that only 40 per cent of software developers in Kenya hold a university degree, with the rest having acquired their skills through various alternative avenues.
The future of Kenya’s ICT sector hangs in the balance as public debate continues. While the government sees the Bill as a step towards a more organised and regulated industry, many within the sector view it as a potential hindrance to innovation and growth.
