• Latest
  • All
  • How To
Kenya ICT Law

Kenya Tech Law – 2017 Year in Review

January 2, 2018
Infinix GT 30 Pro

Infinix Unveils the GT 30 Pro with 120 FPS Certification for PUBG

May 22, 2025
Microsoft Recall

Signal Blocks Microsoft Recall Feature to Protect Private Chats

May 22, 2025
Infinix XPad GT

The Infinix XPad GT Gaming Tablet Makes Its Debut at $400

May 22, 2025
Passport Application

How to Apply for a Kenyan Passport Online in 2025: A Complete Guide

May 22, 2025
DHgate Tablet Cases deals
google-chrome

Google Chrome Will Start Automatically Replacing Your Weak Passwords

May 22, 2025
telegram

Telegram Posts $540m Profit Despite Founder’s Legal Hurdles

May 22, 2025
ID Checks May Soon Be Required for Social Media in Kenya

ID Checks May Soon Be Required for Social Media in Kenya

May 21, 2025
Safaricom launches revamped business loans

Safaricom Unveils Business Credit via M-PESA and Pochi Wallets

May 21, 2025
huwaei-matebook-x-fold

Huawei Debuts Foldable Laptop Running on HarmonyOS 5

May 21, 2025
google-meet

Google Meet Brings Real-Time Language Translation with Gemini

May 21, 2025
NSSF Hacking Claims Disputed: Fund Says No Member Data Compromised

NSSF Denies Allegations of Massive 2.5TB Data Breach

May 21, 2025
Google I/O 2025

Google I/O 2025 Highlights: Gemini, XR Glasses & Project Astra

May 21, 2025
Techweez | Tech News, Reviews, Deals, Tips and How To
  • News
  • Entertainment
  • Reviews
  • Features
  • Editorial
No Result
View All Result
Techweez | Tech News, Reviews, Deals, Tips and How To
  • News
  • Entertainment
  • Reviews
  • Features
  • Editorial
No Result
View All Result
Techweez | Tech News, Reviews, Deals, Tips and How To
No Result
View All Result

Kenya Tech Law – 2017 Year in Review

June Okal by June Okal
January 2, 2018
in Editorial
Reading Time: 4 mins read
253
2
Kenya ICT Law

Kenya ICT LawAs we did last year, we take a look back on the year that has been through the lens of tech related laws. The industry has been relatively busy with a key focus on elections and the use of tech in the process. Tech was at the forefront of several discussions relating the electoral process and even being a key factor in the nullification of Kenya elections.

Here we look at ten most significant changes in law that affected the tech space in 2017;

  1. The interplay between the Kenyan Elections and Technology

The Elections (Technology) Regulations, 2017 under the Elections Act and the Elections Amendment Act provided for the use of the integrated electronic electoral system which refers to a system that included biometric voter registration, biometric voter identification and electronic result transmission system for the whole electoral process which was largely successfully implemented in most parts of the country.

In what made the most highlights in the year and revealed the disconnect between legal practice and technology, the Supreme Court of Kenya made a landmark ruling nullifying the elections of the presidential candidates on the main ground that the elections were not simple, accurate, verifiable, secure, accountable and transparent as is required in law. A key concern of interest which came to the forefront was the role of technology in the elections and the issue of limited read only access to servers.

  1. The law now allows use of Intellectual Property a security for borrowing

The Movable Property Security Rights Act of 2017 now provides for new forms of property to be offered as security by borrowers other than the typical and conventional immovable property types. The law recognizes intellectual property as a valid form of immovable property under intangible assets which is a great step for techies and innovators.

  1. Commencement of the legal process on creative works in the digital age

As earlier highlighted here on intellectual property and its forms, a key concern for Kenyan innovators has been that our laws are not in touch with the digital reality. The Copyright Amendment Bill of 2017 seeks to now expand the protective scope for creatives for creative works including software but also to protect ISPs from unfair liability when unlawful works are transmitted through their platforms (Intermediary Liability).

This law has been pending for a long time but it is now before parliament being spearheaded by creative industry MPs such as Dagoretti North MP and former Comedian John ‘KJ’ Kiarie and we expect its implementation this year. The amendment bill also makes provision for the adaptation of works for persons who are visually impaired in line with the Marrakesh Treaty for the Blind which is great for inclusion.

  1. Working towards the Computer and Cybercrimes Bill 2.0

We earlier talked about the Cybercrime law here and here, what has since happened following the withdrawal of the Senate bill is the 2.0 Computer and Cybercrimes Bill 2017 which is a mesh of both earlier proposed laws as well as the current Kenya Information and Communications Act (KICA) which provides for cybercrime. The 2.0 Bill was finally published in June 2017 (the Kenya Gazette Vol. CXIX —No. 78 dated the 16th June, 2017) but no parliamentary discussions have commenced.

  1. You can finally fly your drone legally

Several drone owners in the country have been operating the machines illegally (now you know). However, we finally have regulations on the use, sale and management of drones in Kenya. It is constantly said that law doesn’t keep up with tech changes which is largely true but the efforts of the Kenya Civil Aviation Authority through the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017 are commendable. Several Countries have put drones to good use and we are eager to see how innovative we’ll be as a nation.

  1. The Hate Speech rules

Just before the 2017 national elections, the Communications Authority of Kenya (Telco regulator) and the National Commission for Integration and Cohesion (NCIC) put together the Guidelines On Prevention Of Dissemination Of Undesirable Bulk And Premium Rate Political Messages And Political Social Media Content Via Electronic Communications Networks which we talked about here.

  1. Kenya now has a Space Agency

Through presidential order, The Kenya Space Agency Order of 2017, Kenya now has the Kenya Space Agency (KENSA). It is expected that the Agency shall spearhead the Kenya Space Programme and encourage interest and development in the industry. Development of space technology was foreseen in the Draft ICT Policy 2016 as an area not to be ignored in the bigger policy picture. We look forward to seeing what the agency does in the coming days.

  1. Regulation of FinTech in 2017

With increased conversations and creation of awareness around FinTech, there wasn’t much activity in FinTech regulation as in previous years but two acts stand out. First, the publication of The Capital Markets (Online Foreign Exchange Trading) Regulations, 2017 which seek to monitor internet based trading systems through which foreign exchange trading is conducted.

The Central Bank of Kenya (CBK) in August also issued a Guidance Note on Cybersecurity that outlined the minimum requirements for banks to enhance their cyber security. The Guidelines are mandatory for the banks which are licensed by the Central Bank.

  1. Use of technology by Government in Online Processing of Land Transactions

One of the most conservative yet sensitive industries finally accepted and implemented the use of tech in its processes and for improved public service delivery. The Ministry of Lands and Physical Planning announced the upgrading of the Electronic Transaction Management System to ease the processing of transactions at the Ministry.

  1. Government to get larger cut from betting wins

The Finance Bill 2017 introduced increase of Gaming Taxes. The bill enhanced the value of taxes charged on gaming, lottery, betting and firms running competition as follows: Betting from 7.5% to 50%, Lotteries from 5% to 50% and Gaming from 12% to 50%, for competition prizes from 15% to 50.

P.S on the ICT Practitioners Bill there is no verifiable or credible source on its alleged reintroduction before either house of parliament. There is, however, indeed a taskforce on industry stakeholders that is brainstorming on ways of regulating ICT practice.

Tags: Kenya
SendShare148Tweet93
June Okal

June Okal

'I speak legalese, understand the tech and hack the law.' June Okal is a legal professional in Technology, Media and Telecommunications Law Practice and Co - Organizer of Nairobi Legal Hackers. Her focus areas are Innovation, Intellectual Property and Internet Governance.

Related Posts

Kenya Trainees at-the-Baykar-Flight-Training-Center

Kenya Ups Surveillance Capabilities with New Bayraktar TB2 Drones

January 2, 2025
Image showing suspension of Telegram services in Kenya. Lady holding phone with Telegram app.

Kenya (CA) has ordered the suspension of Telegram services

January 25, 2025
CA-OCSAM

CA Marks October 2024 As Cybersecurity Awareness Month in Kenya

January 25, 2025
CEO ICT Authority

Presidential Digital Talent Internship Programme Opens for Applications

September 12, 2023
Airtel, Britam and Inclusivity partnership

Airtel Money, Britam and Inclusivity Solutions Launch Insurance Products

August 10, 2023
Michael Joseph Safaricom Founding CEO

Michael Joseph Resigns As Safaricom Board Director

August 8, 2023

Latest

Infinix GT 30 Pro

Infinix Unveils the GT 30 Pro with 120 FPS Certification for PUBG

May 22, 2025
Microsoft Recall

Signal Blocks Microsoft Recall Feature to Protect Private Chats

May 22, 2025
Infinix XPad GT

The Infinix XPad GT Gaming Tablet Makes Its Debut at $400

May 22, 2025
Passport Application

How to Apply for a Kenyan Passport Online in 2025: A Complete Guide

May 22, 2025
google-chrome

Google Chrome Will Start Automatically Replacing Your Weak Passwords

May 22, 2025
telegram

Telegram Posts $540m Profit Despite Founder’s Legal Hurdles

May 22, 2025

Best devices

budget smartwatches 2025

Best Budget Smartwatches To Buy in Kenya 2025

February 13, 2025

Best Infinix Smartphones To Buy in Kenya 2024

February 13, 2025

Best Laptops for Battery Life in 2024

August 21, 2024

Best “Battery Warrior” Smartphones To Buy in 2024

August 22, 2024

Infinix Unveils the GT 30 Pro with 120 FPS Certification for PUBG

May 22, 2025

Signal Blocks Microsoft Recall Feature to Protect Private Chats

May 22, 2025

Techweez is a fast growing influential source of technology news, reviews and analysis by leading tech geeks in the industry.

Follow Us

Editorials

Samsung QLED TVs Now Officially Certified for Real Quantum Dot Technology

Trump’s Tariffs Will Be the End of Affordable Tech

5 Ways to Prep Your Tech for Resale

The Weaponization of PDFs: How Cybercriminals Are Exploiting a Trusted Format

Introducing A Brainbox Quiz: Techweez’s Monthly Trivia Night!

5 Most Reliable Virtual Dollar Card Providers in Nigeria

More News

ID Checks May Soon Be Required for Social Media in Kenya

Safaricom Unveils Business Credit via M-PESA and Pochi Wallets

Huawei Debuts Foldable Laptop Running on HarmonyOS 5

Google Meet Brings Real-Time Language Translation with Gemini

NSSF Denies Allegations of Massive 2.5TB Data Breach

Google I/O 2025 Highlights: Gemini, XR Glasses & Project Astra

  • Terms Of Use
  • Techweez Brand
  • Privacy & Policy
  • Contact Us

© 2024 Techweez - Palahala Media Group may earn a commission when you buy through links on our sites.
A Palahala Media Group Brand. All rights reserved.
.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

Techweez | Tech News, Reviews, Deals, Tips and How To
Crunchy Cookies 🍪 Ahead!

Hey there! Just a heads-up: we're big fans of cookies - both the digital and edible kind! 🍪 We use our cookies and some from third parties to ensure your browsing experience on our site is smooth sailing and secure.

 

But wait, there's more! We also use cookies to gather stats and insights on how you navigate our site. It's like getting a behind-the-scenes peek at your digital adventures!

 

Don't worry, you're in control. You can adjust your cookie settings anytime to suit your preferences. Feeling curious? Dive into our Privacy Policy for all the juicy details. Happy browsing! 🚀

Functional Always active
Listen, this legal stuff is about as exciting as watching paint dry. But it basically says we only use your stuff for what you asked us to do, and nobody else gets to peek!
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
It's those sneaky cookie crumbs websites leave behind to count visitors, like counting ants at a picnic! Totally harmless, just for fun facts. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
Hey there! Just letting you know we use some fancy gizmos to remember your preferences. This way, we can show you ads that are, well, not completely bananas.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
Make cookies
{title} {title} {title}
Techweez | Tech News, Reviews, Deals, Tips and How To
Crunchy Cookies 🍪 Ahead!
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
Listen, this legal stuff is about as exciting as watching paint dry. But it basically says we only use your stuff for what you asked us to do, and nobody else gets to peek!
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
It's those sneaky cookie crumbs websites leave behind to count visitors, like counting ants at a picnic! Totally harmless, just for fun facts. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
Hey there! Just letting you know we use some fancy gizmos to remember your preferences. This way, we can show you ads that are, well, not completely bananas.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
Make cookies
{title} {title} {title}
No Result
View All Result
  • News
  • Reviews
  • Features
  • Editorial
  • Automotive
  • Entertainment

© 2024 Techweez - Palahala Media Group may earn a commission when you buy through links on our sites.
A Palahala Media Group Brand. All rights reserved.
.