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Kenya introduces bill for mandatory registration of ICT service providers

In a move towards enhancing accountability and oversight within the Information and Communication Technology (ICT) sector, Kenya is contemplating a new bill that would require all information, communication, and technology (ICT) professionals to get a license to operate.

The proposed ICT Authority Bill 2024 is a legislative proposal by the Cabinet Secretary, Ministry of ICT and Digital Economy, Eliud Owalo, and stipulates that everyone that provides ICT services shall be required to apply to the Authority for accreditation. “A person who intends to provide ICT services shall apply to the Authority for accreditation in a prescribed manner and upon payment of the required fee,” he stated.

According to CS Owalo, the Bill aims to facilitate the provision of secure, proficient, and high-performing ICT services. CS Owalo stated that the Bill intends to simplify the incorporation of ICT in the process of public service delivery to improve accessibility, efficiency, and inclusivity in the ICT sector.

Additionally, the Bill seeks to enable the authority to assign the categories of accreditation based on necessary experience and the technical qualifications and skills prescribed by the authority.

“The Authority may assign categories of accreditation as the Authority may determine whether an applicant shall be a holder of the minimum technical qualifications and skills prescribed by the Authority for the class of contract works in respect of which registration is sought.”

However, the proposed legislation has faced criticism from some quarters. Critics raise concerns about the potential for multiple taxation, increased bureaucracy and the imposition of unnecessary regulatory burdens on ICT service providers. Serial entrepreneur, digital transformation consultant and Chairman, Association of Fintechs in Kenya, Ali Hussein Kassim, said via LinkedIn, that the proposal is retrogressive. “Rent seeking at this level is unacceptable. For a government that came to power on a platform of providing jobs and empowering the youth this is retrogressive,” he said. “Kenya has earned its place as a Tech Leader not just in Africa but globally. This sort of thinking will take us back decades,” Kassim concluded.