Kenya has brought back the contentious ICT Practitioners Bill, now renamed as the ICT Authority Bill, 2024. The revamped legislation seeks to oversee the country’s ICT sector by licensing and enrolling ICT firms and practitioners.
Originally presented in 2016 by the former majority leader Aden Duale, the ICT Practitioners Bill faced widespread opposition from the industry.
Detractors highlighted its redundancy alongside existing laws and criticized its possible obstruction of skilled professionals by enforcing university degrees. Ultimately, it failed to garner presidential approval.
Kenya is making a fresh push to enforce the accreditation of ICT service providers under the ICT ministry, with the reintroduction of the ICT Authority Bill 2024 by ICT cabinet secretary Eliud Owalo.
Under this proposal, companies will need to meet specific criteria set by the authority, including minimum technical qualifications, relevant experience, and adequate resources.
The process will also entail payment of a fee, akin to the one proposed eight years ago, albeit without defined charges. Should the current bill pass, the Authority will determine the costs.
Despite numerous amendments to the Practitioners Bill, the new ICT Authority Bill still grapples with some unresolved issues.
Notably, it fails to provide clear definitions for “ICT services” and the “minimum technical qualifications” required by practitioners and companies. These ambiguities echo concerns voiced during previous iterations of the bill.
Part of the proposed bill states, “The Authority may revoke a certificate of a service provider if the provider ceases to conduct the business for which the certificate was issued, undergoes liquidation, or fails to comply with directives after a suspension period.”
In 2018, revisions were made to the ICT Practitioners Bill, introducing certification by the Practitioners Council.
While the amendment eliminated the requirement for practitioners to hold a bachelor’s degree, eligibility criteria remained ambiguous.
Additional changes in 2020 introduced fines of up to KES 500,000 ($3,800) and potential jail sentences for unregistered businesses, sparking concerns about disproportionately severe penalties.
The bill narrowly escaped approval in June 2022, shortly before the national elections in August. Although President Kenyatta didn’t endorse it, the reappearance of these lingering issues implies that more discussion is probable.
Kenyan ICT professionals argue that genuine success frequently transcends formal qualifications. Conversely, others contend that the sector favors individuals capable of innovative thinking and continuous skill enhancement, emphasizing the importance of practical solutions over institutional endorsements.
“I’ve never encountered a client or company overly concerned with my credentials; their primary interest lies in my ability to troubleshoot issues within their organization and enhance their business,” remarked John Irungu, a computer programmer.