Controversial ICT Bill rejected by Uhuru resurrects, still posing danger to ICT professional

First introduced by then Garissa Township MP Aden Duale (now Defence CS) and supported by nominated MP Godfrey Osotsi (now Vihiga Senator) in 2016, the bill required ICT practitioners to be licensed and registered by a council. 

It also sought mandatory training, registrations, licensing and a standard for practitioners in this field.

It was withdrawn in 2016, resurfaced in 2018 and later presented in 2020 then rejected in 2022, sparking outrage within the ICT community which was unpleased by the law as they said it sought to prevent some professionals from practising.

Its resurfaced version still seeks to have companies offering ICT services be accredited by an authority under the ICT ministry and must have met a raft of requirements.

All providers will also be required to pay an unspecified amount for accreditation, the same contention point floated in 2022.

"An applicant shall be a holder of the minimum technical qualification and skills prescribed by the Authority for the class of contract works in respect of which registration is sought, have the necessary experience prescribed by the Authority in works involving the category of service applied and have the necessary ICT resources for the category of works for which the accreditation is sought," reads the Bill in part.

The Authority can also revoke a provider's certificate when they cease to carry on the business with respect to which the certificate was issued if they get liquidated or otherwise dissolved or they request the Authority to revoke the license.

Certificates may also be suspended if an ICT service provider has contravened any of the conditions of accreditation, has conducted business in a manner that is detrimental to the interest of a public entity, fails to comply with a written direction of the Authority, or fails to comply with the provisions of this Act.

ICT Cabinet Secretary Eliud Owalo says the Bill aims to facilitate the provision of secure, proficient, and high performing ICT services. 

"The Bill intends to simplify the incorporation of ICT in the process of public service delivery, thereby improving accessibility, efficiency, and inclusivity."