Understanding the Proposed ICT Bill 2024

The Ministry of Information and Communication Technology has proposed the Information and Communications Technology Authority Bill, 2024. This legislation aims to establish the Information and Communications Technology Authority (ICTA) as a statutory entity, superseding the existing ICT Authority. The bill outlines comprehensive measures to enhance ICT services’ security, efficiency, and integration across the public sector and the broader economy.

The Cabinet Secretary for ICT, Eliud Owalo, has introduced a bill that aims to register and license ICT practitioners within the country to regulate the industry. The bill also seeks to standardize the ICT sector by ensuring the provision of secure, proficient, and high-performing ICT services.

What is the ICT Bill 2024?

The ICT Authority Bill, of 2024, aims to establish the Information and Communications Technology Authority (ICTA) as a statutory entity in Kenya. This bill seeks to enhance the provision, security, efficiency, and integration of ICT services within the public sector.

Here is a breakdown of what the bill entails:

Objectives and Principles

The primary objectives of the ICT Bill are to:

• Promote the provision of secure, efficient, and effective ICT resources.
• Standardize ICT services and infrastructure.
• Integrate ICT in the delivery of public services.

The bill is underpinned by principles that emphasize inclusive access, cost-effectiveness, fostering innovation, and ensuring that ICT infrastructure and services are flexible, adaptable, and interoperable.

Establishment and Functions of ICT Authority

The ICT Authority (ICTA) will be established as a corporate body with perpetual succession, capable of suing and being sued, managing property, and entering into contracts. Its key functions include:

• Designing, implementing, and managing national ICT infrastructure.
• Formulating and enforcing ICT codes and standards.
• Promoting digital literacy and ICT skill development.
• Accrediting ICT service providers.
• Implementing security measures and monitoring potential cybersecurity threats.

Impact of the Bill on the IT Industry

According to the proposed legislation, ICT practitioners and service providers must register with the designated authority to operate within the country. Accreditation requires payment of a fee and annual license renewal. It’s important to note that only those licensed by the authority will be legally permitted to work in the field once the bill becomes law.

The bill aims to eliminate practitioners lacking the necessary qualifications for licensing, amidst declining service delivery. This may deter many from entering the field. Although the bill could enhance service efficiency, the disadvantages seem to surpass its intended purpose.

A significant amendment in the bill is the elimination of the university degree requirement for licensing, a contentious point in the ICT Bill 2020. The 2024 bill stipulates that applicants must possess the “minimum technical qualifications,” along with the necessary experience and skills as prescribed by the Authority.

Should this bill be enacted, ICT professionals will require accreditation and licensing, a process that will classify them based on qualifications and skills. ICT service providers will also need to demonstrate experience in a specific work category and possess the necessary ICT resources for that category.

Licensing and categorizing practitioners may hinder the dynamic nature of ICT, a field that individuals can enter without formal training. Young tech enthusiasts, recent graduates, and aspiring professionals may find themselves deprived of opportunities to gain practical experience in the field.

Urge for Public Participation

Kenyans in the IT industry raised a public outcry after the Finance Bill was brought to the public raising concerns of dubious taxes and levies and limiting resources for the foreseeable future. Recently, an Addendum from the Ministry of Information, Communications & The Digital Economy was posted on MyGov weekly newspaper indicating that the bill is closely becoming a reality.

Remember to submit your comments in the emails provided on the bill; ictabill@icta.go.ke and copy to legal@moict.go.ke

If you are doubting the impact your commentary will make, remember the proposed Road Maintenance Levy review and how feedback from us, Kenyans impacted that decision. It’s important your voice is heard.

Despite these intentions, the bill continues to face resistance from the ICT community, concerned about the potential impact on professionals and the industry’s accessibility. Roger Taracha, an engineering leader, fintech and sound tech invites you to a space on X to discuss this ICT bill and a wide range of topics about the industry this Friday 12th July at 7pm. They will have all ICT stakeholders in Kenya—government, private sector, and individuals— participating. Their goal is to gather and submit comprehensive feedback to the government. Link here