Kenya is set to introduce operational licenses for ICT operators, signaling a major stride in regulating the country’s Information and Communications Technology (ICT) sector. This initiative falls under the ambit of the proposed ICT Authority Bill 2024, which aims to ensure compliance with national laws and regulations, and uphold high standards within the sector.
The legislation mandates that ICT operators acquire an operational license, introducing a tiered accreditation system that categorizes providers based on their experience and technical capabilities. This nuanced approach promises to offer smaller operators a chance to thrive by setting less stringent criteria for the provision of basic services. However, there’s a catch for those who fall short of accreditation; they face hefty fines of up to KES million ($39,000) or could end up serving up to five years in prison.
Drawing parallels with Nigeria’s approach to regulating its ICT professionals, Kenya’s initiative underscores a growing trend towards enhanced oversight in the industry. While the licensing scheme is designed to ensure the delivery of top-notch ICT services across Kenya, there are concerns about its implications on the operational costs for providers. Such increases could, in turn, be passed on to consumers, potentially stifling the digital economy’s growth and limiting technological access for certain demographics.
The conversation around the regulation of ICT professionals in Kenya isn’t new. Proposals for a similar ICT Practitioners Bill have been floating around since 2016, advocating for the licensing of ICT professionals with at least three years of experience or facing significant fines. After making it through all legislative readings, the bill was vetoed by then-President Uhuru Kenyatta in 2022. Fast forward two years, and it appears this bill has evolved into the more stringent “ICT Authority Bill,” with fines now ten times higher than those proposed in the earlier bill.
Applications for the operator licenses will be meticulously reviewed within a 30-day window, with successful applicants required to renew their accreditation annually. As per the Ministry of ICT and Digital Economy, adherence to accreditation standards is non-negotiable, with non-complying ICT providers risking suspension of their certificates. Through such legislative measures, Kenya aims to cultivate a regulated, fair, and innovative ICT landscape that meets international standards.
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Last modified: May 23, 2024
