Kenya’s controversial “ICT Practitioners Bill” is closer to becoming law.
Why is that?
On Wednesday, parliament voted to pass the controversial 2020 proposal that seeks to regulate “anyone who employs technologies to collect, process, store or transfer information for a fee”. Loosely put, an ICT Practitioner.
What is the issue?
Some have argued that since lawyers, doctors, engineers and accountants have governing bodies, the ICT sector should too.
Others think that this jurisdictional approach would simply not be implementable in the ICT sector.
But should ‘technology’ be regulated?
Today, the environment in which ICT regulators work is dramatically different from that which shapes other industries; medicine, accounting, engineering, law...
“The rapid convergence of technologies, bundling of services, and completely new kinds of services and service providers – operating in what are now mostly competitive markets – have transformed the ICT landscape almost beyond recognition.”
How do we find inclusion for all stakeholders from those with university degrees and the self-taught?
So, what does this mean?
Innovation is about thinking outside the box. There are worries that this would curtail innovation. “The Bill does not take into account innovation and the spirit of IT which is never taught in school.”
Why are Kenyans obsessed with ‘degrees’?
The Bill requires a degree for ICT practitioners.
Some of the best techies are self-taught! And tech moves so fast.
How do you regulate ICT that is tied to the work of other governing bodies? Further, without reference to the Commission for University Education, the bill purports to exercise the mandate of degree equalization by classifying certain degrees as superior to others for purposes of ICT practice.
Any other issues?
Yes. The definition of ICT is so broad. What is ICT? In the era of the internet of things (IoT). Are smart microwaves, fridges, cars and even gym equipment ICT?
What about ICT Practice?
ICT practice is vaguely defined as the practice of providing ICT services for a fee or gain either in cash or in kind.
With this bill, it begs questions as to who is considered to be practising ICT.
For instance…
Does the driver operating an IoT-enabled vehicle qualify as practising ICT
Does the restaurant owner who charges customers for cold drinks stored in a fridge capable of IOT practice ICT?
Does the local fundi who mends a broken phone practice ICT?
This is ambiguous. Some argue that the bill lacks the clarity and certainty of scope required by the constitution to achieve the requirement of equal protection of the law for all Kenyans.
The ICT Practitioners Institute
This would be discriminatory to some.
How does it work in ‘Other Nations?
“the U.S. prefers digital laissez-faire; Europe opts for digital big-state socialism; and China pursues a politically motivated strategy of restricting some technologies and scaling up others to maintain social control.” ~Brookings
Wanna Learn More? Read more on ‘The anatomy of technology regulation’.
Any hanging fruits?
Yes. Possible good fruits, depending on how you look at them. “The various provisions enlisted will go a long way not only to elevate the standards of ICT practice in Kenya but to also avail a blueprint that will help counter multiple challenges that accompany emergent technologies. By creating a registration framework, the bill injects professionalism and introduces a culture of accountability within the industry as the country gears towards an ICT-driven economy.”
Does ICT need a regulatory body?
If we had to choose one word to characterize the new generation of ICT regulation, it would be collaboration. Regulation will need to be flexible, light-touch, and much more open to partnership.
And this little poem…
Let skills find their place
Let people thrive with the skills they trace
Let their skills find work, embrace
Let's not limit the human race
~@tehillahkachila on Twitter
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