The Kenya ICT Action Network (KICTANet) has provided an extensive memorandum addressing the draft Information and Communications Technology Authority (ICTA) Bill of June 2024. This submission highlights several critical areas for improvement and proposes changes to ensure a more inclusive, efficient, and forward-thinking ICT regulatory environment in Kenya.
Key Proposals and Justifications
Renaming the Authority
KICTANet suggests renaming the Information and Communications Technology Authority to “Digital Transformation Authority (DTA).” Ten years since the formation of ICTA, we need to show growth of mindset and have a name that emphasizes a broader and more futuristic scope of responsibilities. The term “Digital Transformation” suggests a proactive and comprehensive approach to leveraging digital technologies for systemic change, innovation, and modernization across various sectors. This contrasts with “Information and Communications Technology,” which primarily focuses on the infrastructure and systems related to ICT.
The draft Information and Communications Technology Authority Bill, 2024, outlines the establishment and functions of the Authority, which include promoting secure, efficient, and effective ICT resources and services, integrating ICT in public service delivery, and fostering innovation and digital literacy. The proposed name, DTA, aligns with these objectives but also highlights the transformative impact of digital technologies on society and the economy, suggesting a forward-thinking and holistic approach to digital governance and development.
Competitive Recruitment for Chairperson
The memorandum proposes that the chairperson of the Authority should be recruited competitively rather than appointed by the President. This change is intended to ensure that the chairperson acts in the organization’s and its beneficiaries’ best interest, free from political influence.
Qualifications for Chief Executive Officer.
KICTANet recommends lowering the minimum qualification for the CEO and the Corporation Secretary from a master’s to a bachelor’s degree. This adjustment would allow a broader pool of qualified candidates, including those with significant experience without a master’s degree, to be considered for these roles.
Deletion of Certain Clauses
KICTANet recommends the deletion of several clauses in the draft bill:
- Clause 24: This clause, which deals with ICT infrastructure, should be part of the critical infrastructure bill and handled by multiple agencies.
- Clause 25 and 26: These clauses concerning ICT codes are seen as too broad and should be developed through a multistakeholder model to avoid regulatory hurdles for startups.
- Clause 27, 28, 29, and 30: These clauses address the accreditation of service providers, which KICTANet argues creates a conflict of interest since the ICTA would act as both regulator and service provider. This dual role could undermine fair competition and favor established companies over startups.
- Clause 31: This clause on levies is seen as problematic due to the ICTA’s potential conflict of interest. A standardized national levies framework is suggested to streamline the process and ensure impartiality.
- Clause 32: This clause, dealing with penalties for damaging ICT infrastructure, should be included in the critical infrastructure bill.
Addressing Governance and Ethics
KICTANet emphasizes that Chapter 6 of the Kenyan Constitution sufficiently addresses issues of governance and ethics. Therefore, additional provisions in the ICTA Bill regarding the qualifications and conduct of board members are deemed unnecessary.
KICTANet’s memorandum is a detailed critique and set of recommendations aimed at refining the draft ICTA Bill to better serve Kenya’s digital future. By proposing a name change to reflect a broader scope, advocating for competitive recruitment processes, and suggesting the deletion of certain clauses, KICTANet seeks to create a more inclusive, efficient, and fair ICT regulatory environment. The organization remains open to providing further input and perspectives as needed.
Download the Memorandum here.
By Mwendwa Kivuva
@MwendwaKivuva
