In line with the powers under the Kenya Information Communication Act, Number 2 of 1998, on 7^th August, 2020, the Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs gazetted the National Information, Communication and Technology (ICT) Policy Guidelines, 2020 (“The Policy”). The Policy is intended to replace the ICT Policy of March 2006 (“the 2006 Policy”).

The main policy objectives of the 2006 Policy were in the areas of information technology, broadcasting, telecommunications, postal services, radio frequency spectrum and universal access to ICT services. The review of the 2006 Policy has been necessitated by among other factors, changes in legal and regulatory frameworks, technology advancement and emerging issues.

The main objectives of the Policy are to:

1. Create the infrastructure conditions for use of always-on, high speed, wireless, internet across the country;
2. Provide enabling infrastructure and frameworks that support the growth of data centres, pervasive instrumentation (Internet of Things), machine learning and local manufacturing whilst fostering a secure, innovation ecosystem;
3. Grow the contribution of ICT to the economy to 10% by 2030, by using ICT as a foundation to the creation of a more robust economy, providing secure income and livelihoods to the citizenry;
4. Leverage regional and international cooperation and engagements to ensure that Kenya is able to harness global opportunities;
5. Position Kenya to take advantage of emerging trends such as the shared and gig economy by enhancing our education institutions and the skills of our people, and fostering an innovation and start-up ecosystem that is able to lead on a global scale; and
6. Gain global recognition for innovation, efficiency and quality in public service delivery. Services will be delivered in a manner that ensures we have a prosperous, free, open and stable society.

The following are the major areas of focus of the Policy.

Mobile first

The policy recommendations under this area of focus are aimed at supporting the government’s goal of achieving high speed wireless data connectivity for every citizen. In 2006, Kenya was still in the early stages of mobile penetration between 2018 and 2019, Kenya has achieved near 100% mobile penetration according to statistics from the Communication Authority. The focus has therefore moved from mobile penetration to ensuring access to high speed internet. Some of the recommendations under this section are:

1. The national and the county governments will develop integrated infrastructure plans to facilitate the development of rational, cost-effective, sustainable and easily maintained ICT infrastructure by multiple stakeholders.
2. The national government will review the National Broadband Strategy to ensure provision of high-speed affordable connectivity to all citizens in all places.
3. The government will support partnerships for the development of internet exchange points for the improvement of Internet quality and affordability in local communities.
4. The government will work towards resolving the challenges related to rights of way, way leaves, permits and clearances for the deployment of cabling plant, towers and other infrastructure.
5. The government will provide various incentives for the manufacture of infrastructure components in Kenya such as fiscal incentives for the creation of local manufacturing plants, providing technology licensing assistance to Kenyan enterprises and provision of free government funded consultancy and mentoring services especially to the ICT manufacturing sector.

Market

The policy recommendations under this area of focus are aimed at increasing the overall size of ICT contribution to the digital and traditional economy to 10% of GDP by 2030. Some of the recommendations in this area are:

1. The government will assist in the creation of innovation hubs in constituencies across the country to enable local communities to access knowledge and create local solutions to problems. The innovation hubs may be associated with a nearby university or technical vocational education and training institution (TVET).
2. Every two years the government will set five (5) research priority areas and provide funding to institutions of higher learning and private enterprise and postgraduate course recommendations and certifications in the priority areas.
3. The government will continue to provide robust protection and enforcement of Kenyan-developed intellectual property rights, and facilitate the rapid and advantageous acquisition of non-Kenyan intellectual property rights.
4. In relation to encouraging entrepreneurship in the field of ICT, the Policy aims to expand the start-up ecosystem in Kenya, encourage the buying of Kenyan made products/services, support venture capital and innovation funding and encourage initial public offerings on the Growth Enterprise Market Segment.
5. The government will introduce fiscal measures to stimulate increased investment and growth in the ICT sector in order to create a favourable investment climate for the development of a globally competitive ICT sector and knowledge economy.
6. The government will continue to encourage Kenyans to participate in the ICT and Science & Technology sector through equity participation. Under this resolution, only companies with at least 30% substantive Kenyan ownership, either corporate or individual will be licensed to provide ICT services. For purposes of this rule, companies without majority Kenyan ownership will not be considered Kenyan, and may thus not be calculated as part of the 30% Kenyan ownership calculus. This was also included in the 2006 Policy though it has not been fully incorporated into the governing laws for companies in the ICT sector. At present, some companies which seek licences for telecommunication services are required to have Kenyan shareholding, for example companies seeking to be licensed for subscription management services are required to have at least 20% Kenyan ownership.

Skills and innovation

The policy recommendations under this area are aimed at designing a self-supporting ecosystem that will produce world-class research, technology products and industries. Some of the recommendations in this section are:

1. The government will establish a public research organisation called the National ICT Research Laboratory (NIRL) with the specific goal of developing publicly available technology for use by and in Kenya.
2. The Cabinet Secretary responsible for ICT shall appoint an advisory group known as The Council for the Future consisting of industry leaders, cutting edge entrepreneurs, academia and global thinkers as key participants dedicated to the generation and development of new thinking and strengthening of new ideas in the field of ICT.
3. The government will develop and deploy a nationwide e-Education system that supports schools, higher education/training facilities across the country by interconnecting them with each other and with relevant knowledge centres.
4. The government will create opportunities and provide assistance for the disadvantaged; people with special needs, women and the youth to acquire ICT skills through e-inclusion and e-accessibility activities and programmes.
5. The government will seek to create a uniform approach to the new data centric landscape and also review outdated laws in the area of ICT.

Public Service Delivery

The Policy recommendations under this area of focus are aimed at ensuring that all national and county government services are delivered quickly, fully and securely on online platforms. The provision of online government services was also an objective of the 2006 Policy and since then both the national and some county governments have been offering their services online. The recommendations in this section are therefore meant to strengthen the already existing e-Government systems. Some of the recommendations in this section are:

1. The government will facilitate the integration of courier and postal services into the digital marketplace, and use the postal and courier network to deliver eservices to citizens.
2. The government will establish an enabling legal framework, aligned with Kenya’s constitutional provisions, legislative and regulatory environment, and consistent with regional and global best practices build capacity skills within law enforcement and the judicial system on the prevailing legal and regulatory frameworks.
3. The government will fully implement the cybercrimes legislation and address any gaps in in regulatory capacity.
4. The government will identify institutions, organisations and establishments that are of National strategic importance and classify them as Critical Infrastructure. These will be required to demonstrate strict adherence to IT security management by complying with requirements set out by the Government or relevant regulatory authorities.

The Ministry responsible for ICT will be tasked with the development of a road map to implement the national ICT policy. A review of the policy will be conducted every three (3) years and a mid-term review after five years. The Ministry responsible for ICT will carry out an annual monitoring and evaluation exercise and report on the implementation of the policy.

Please find a copy of the Policy here.

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