This bill just never dies.
The ICT CS, Eliud Owalo, has proposed a bill seeking to register and license ICT practitioners in the country in an effort to regulate the sector. To standardize the ICT field, the bill further aims to facilitate the “provision of secure, proficient, and high-performing ICT services.”
The Information and Communications Technology Bill 2024 proposes the establishment of the ICT Authority which will regulate the field. The Authority’s board will consist of a chairperson appointed by the president, the ICT Principal Secretary (or a rep), the Attorney General (or a rep), five other persons appointed by the ICT CS, and the CEO.
Per the proposed bill, the ICT Authority will:
- Design, implement, and manage national ICT infrastructure,
- Formulate and enforce national ICT codes of practices and standards,
- Commercialize National ICT infrastructure,
- Implement security measures for national ICT infrastructure,
- Promote the adoption of emerging technologies.
- Promote digital literacy and ICT skills development
In addition, the Authority will collaborate with relevant agencies to enforce cybersecurity measures and proactively monitor potential cyber threats.
ICT practitioners and service providers will be required to register with the body to operate in the country, according to the proposed bill. To get accredited, one will have to pay the required fee and renew the license which expires annually. To note, only licensed individuals by the authority will be allowed to work in the field by law if the bill is enacted.
One major change with the bill is that it has removed the university degree requirement for licensing that was in the ICT Bill 2020 – which was a key issue. Per the 2024 bill, an applicant should hold the “minimum technical qualifications”, necessary experience and skills prescribed by the Authority.”
You can read the full draft here.
The ICT Bill over the years
The ICT Practitioners Bill made its first appearance in 2016 when it was first introduced by the then Majority Leader of the National Assembly, Aden Duale, and MP Godfrey Osotsi.
The 2016 bill to say the least was “ambiguous and excruciating.” It required one to have a degree/diploma in ICT or at least 3 years of experience in the field to be accredited. Additionally, the bill also set the license renewal fee at Ksh5,000 annually. Following public outcry and the fact that it was duplicating regulations already in place, it was kicked out by the Kenyan government.
After this, the bill has resurfaced a few more times over the years, each time with lesser stringent requirements – perhaps in hopes that it would make it more appealing. However, attempts to enact the bill each time it comes up have not been successful. The common consensus in the industry is that many provisions in such bills would only introduce hurdles to a thriving field with very few barriers to entry.
A majority of practitioners led by key employers in the industry have continuously opposed the formation of such a body. Given the fast-moving and ever-evolving nature of the field, most argue that the body would fail to keep up with the current trends hindering technology. This would only stifle progress made in the field.
This is the first time that the ICT ministry has proposed such a bill – other times it has come as a private member bill. Notably, the former ICT CS, Joe Mucheru was instrumental in “killing” the 2020 and 2016 ICT bills.
We wait to see how the industry reacts to the new bill – with the wording and requirements slightly changed. We’ll update this story as it develops.
