Kenya is considering a bill that would require all ICT service providers to register with the government

Under the proposed ICT Authority Bill 2024 in Nairobi, individuals working in the information, communication, and technology (ICT) sector will be obligated to obtain a license in order to carry out their operations.

This requirement aims to regulate and monitor the activities of ICT professionals, ensuring compliance with industry standards and promoting accountability within the sector. If the bill is passed into law, ICT professionals will need to adhere to the licensing requirements set forth by the government to continue their work legally.

The legislative proposal put forth by the Cabinet Secretary of the Ministry of ICT and Digital Economy, Eliud Owalo, suggests that individuals seeking to offer ICT services must seek accreditation from the Authority. According to the proposal, those intending to provide ICT services are mandated to apply for accreditation in a specified manner and pay the stipulated fee to the Authority. This process aims to ensure that ICT service providers meet certain standards and guidelines set by the government for the smooth operation of the sector.

CS Owalo has highlighted that the primary objective of the Bill is to enhance the delivery of secure, efficient, and high-quality ICT services. Additionally, the proposed legislation seeks to streamline the integration of ICT into public service delivery processes, with the goal of enhancing accessibility, efficiency, and inclusivity within the ICT sector. By simplifying the incorporation of ICT in public service delivery, the Bill aims to drive improvements in service delivery standards and overall sector performance.

Furthermore, the Bill aims to empower the authority to categorize accreditation based on essential experience, technical qualifications, and skills specified by the authority. The authority has the discretion to determine whether an applicant meets the minimum technical qualifications and skills required for the specific class of contract works for which registration is being sought. This provision allows for a structured approach to assessing and assigning accreditation categories based on the qualifications and expertise necessary for different types of ICT service provision.

The proposed legislation also includes a provision stating that upon receiving an application from an applicant, the Authority is required to process the submission within thirty days from the date of receipt. Following the evaluation process, the Authority will then grant approval for accreditation if the applicant meets the necessary requirements and qualifications. This streamlined timeline for processing applications aims to expedite the accreditation process for ICT professionals, ensuring a more efficient and timely approval process.

In cases where the Authority approves the application, the applicant will be accredited accordingly. However, if the Authority decides to reject the application, the applicant will be notified of the rejection and provided with the reasons for the decision. This transparent process ensures that applicants are informed of the outcome of their accreditation request and understand the rationale behind any rejections. By providing clear and concise reasons for rejection, the Authority aims to promote accountability and fairness in the accreditation process for ICT professionals.

According to the ICT Authority Bill 2024, any accreditation issued by the Authority must be renewed on an annual basis. Additionally, the Authority is mandated to establish, maintain, and publish a register of accredited service providers. This requirement ensures that accredited ICT service providers adhere to the necessary standards and guidelines set by the Authority and are accountable for maintaining their accreditation status. The publication of a register of accredited service providers promotes transparency and allows stakeholders to verify the accreditation status of ICT service providers.

The Bill stipulates that the Authority has the power to suspend a certificate for a specified period if an ICT service provider violates any of the conditions of accreditation or conducts business in a manner that is detrimental to the interests of a public entity.

This provision allows the Authority to take necessary action in cases where accredited service providers fail to comply with the prescribed standards or engage in activities that could harm public entities. By enforcing suspension measures, the Authority can uphold the integrity of the accreditation process and ensure that accredited service providers adhere to the required guidelines and regulations.