Why Your Voice On The ICT Authority Bill Matters

The Kenyan government has called 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.

According to the government, the ICT Authority Bill, 2024 “plays a role in delivering the Digital Transformation Agenda to accelerate the country’s economic growth and enhance service delivery to citizens.”

The bill, reintroduced by ICT Cabinet Secretary Eliud Owalo, seeks to establish an act that provides a legal framework for the establishment, powers, and functions of the Information and Technology Communications Authority (ICTA) and ensures well-coordinated regulatory oversight of ICT matters at both national and county levels.

Unresolved Issues

However, ICT experts have widely opposed the Bill since its initial introduction in 2016 by then-majority leader Aden Duale as the ICT Practitioners Bill. They argue that it threatens the gains made in the growing and dynamic ICT sector, including job creation for millions of youth, revenue generation, direct foreign investment, and investments through SMEs and startups.

Experts also oppose the bill’s proposed requirement that ICT practitioners need to be accredited by the government after meeting minimum technical qualifications and skills prescribed by the ICT Authority. They believe this requirement would exclude individuals without an educational background in ICT from practicing. It is estimated that only 40 percent of software developers have a university degree, with the rest having acquired their skills through various means and avenues.

Additionally, experts say that if passed into law, the Bill would affect Kenyan founders with ICT startups who do not meet the proposed requirements. In 2022 alone, 20 Kenyan-led technology startups raised a combined $223 million.

Former Kenyan President Uhuru Kenyatta refused to assent to the ICT Practitioners Bill in June 2022 due to what he termed as “unresolved issues raised by the ICT community”. Then-ICT Cabinet Secretary Joe Mucheru supported public concerns that some proposals in the bill would stifle innovation and alienate local youth from lucrative online jobs, educational opportunities, and investment opportunities.

“If enacted, the ICT Protection Bill, 2016 will cause duplication in regulation and frustrate individual talents from realizing their potential,” said Mucheru.

The ICT Authority Bill, 2024, is available at the following links: www.icta.go.ke and www.ict.go.ke

Submit your concerns about the bill to the ICT Authority through ictabill@ictta.go.ke, copying legal@moict.go.ke, or to the Chief Executive Officer, ICT Authority, 12th Floor Telposta Towers, P.O Box 27150-0200, Nairobi, Kenya no later than July 15, 2024.

Join a multi stakeholder discussion on the proposed ICTA Bill here: https://lnkd.in/drs7XA-p