Storm over proposed new ICT watchdog

?Kenya’s Information Communication and Technology (ICT) sector could be set for a major realignment in the coming year if new legislation proposed by the Government is passed.

ICT Cabinet Joseph Mucheru says the Government plans to re-introduce the Kenya ICT Practitioners Bill 2016 following the high-profile debate around the digital failures experienced during this year’s elections.

One of the proposals that has drawn sharp reactions in the Bill is the establishment of an ICT Practitioners Institute charged with registering and licensing ICT practitioners and approving training programmes.

“The idea is to create a professional association that will help to regulate the industry and maintain a code of conduct like we have in other fields,” Mucheru explained.

He said the institute will be established just like the Law Society of Kenya (LSK), the Institute of Certified Chartered Public Accountants (ICPAK) and the Institute of Engineers of Kenya (IEK). 

At the top of the institute is a council that draws membership from the principal secretaries of the ICT Ministry and National Treasury.

Create exclusive club

The Cabinet Secretary will have the power to appoint all members of the council except the CEO who is appointed by the council.

In comparison, LSK comprises of 13 individuals drawn from the membership of the society and elected twice a year through secret ballot. Professionals working in the country’s ICT sector have come out to oppose the Bill saying it will result in job losses and reduce competitiveness in the industry while creating an exclusive club of people who can execute Government tenders.

“Large companies bring in consultants or external people where necessary to supplement capacity, to train and up skill Kenyan staff and while those guys are here, even for a week or two, they are compensated,” explained Andrew Alston, lead technology strategist at internet service provider Liquid Telecom.

“My reading of this Bill is this would be illegal because you’d have to get every consultant you bring in accredited and licensed first – which is impractical in the extreme,” he said.

The Bill introduces minimum qualifications individuals must attain in order to receive certification by the Institute. These include a bachelor’s degree from a recognised university or a diploma with three years’ experience.

This has invited criticism that the Bill overlooks experiential skills over theoretical knowledge and thereby threatens long-term capacity-building in the ICT sector.

“The list of highly skilled people with 20 plus years’ experience who would not qualify for accreditation under this Bill is extensive, globally and within Kenya,” said Mr Alston. “This Bill completely stops any form of knowledge transfer from those individuals and in fact will force a situation where Kenyans who wish to learn from some of the biggest names in the industry would be forced to go internationally to get that knowledge.”

Widen the scope

Mucheru, however, denies that the Bill will lock out experts without formal training insisting the reverse will be the case. “This Bill will benefit the people who have been working in technical capacity for years but have not acquired certificates,” he explained. “If they can demonstrate their proficiency to the Institute then they can get certified and widen the scope of jobs they can bid or apply for.”

Mucheru adds that the Government has held several engagements with practitioners in the sector on the provisions of the Bill.

“There was consensus that we need to establish a professional body to regulate the industry,” he said.

fsunday@standardmedia.co.ke