National Information, Communications and Technology (ICT) Policy - Ministry of Information, Communications and Technology, Kenya

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National Information, Communications and Technology (ICT) Policy - Ministry of Information, Communications and Technology, Kenya
National Information, Communications
                and
       Technology (ICT) Policy

  Ministry of Information, Communications and
               Technology, Kenya

                November-2019
Abstract

This National ICT policy has been formulated after broad-based public consultations in a number
of iterations. It captures the ICT ambitions of our citizens and corporations and creates a
framework for their timely realisation. The policy takes close cognisance of our history, social,
economic and operational environment, legal and regulatory framework, current capacities and
capabilities and existing policies from other arms of government; and develops a carefully thought-
through achievable way forward for our country; This policy document is backed by detailed
strategic thinking and planning.

As this policy is progressively implemented and supported by all arms of government, ICTs in
tandem with other government initiatives will create the prosperous, stable, globally competitive
environment that is our joint national aspiration.

Ministry of ICT, Kenya                         2/37                                  November-2019
Contents

     1 Foreword...................................................................................................... 4
     2 Preamble ...................................................................................................... 5
     3 Vision and Mission........................................................................................ 6
     3.1 Vision ...................................................................................................................................................... 6
     3.2 Mission ................................................................................................................................................... 6
     4 Overview of the Policy .................................................................................. 6
     4.1     Mobile First ......................................................................................................................................... 6
     4.2     Market ................................................................................................................................................... 7
     4.3     Skills and Innovation ...................................................................................................................... 8
     4.4     Public Service Delivery .................................................................................................................. 8
     5 Background .................................................................................................. 9
     5.1 ICT and Vision 2030 ........................................................................................................................ 9
     5.2 Rationale for Policy Review ......................................................................................................... 9
     5.3 Guiding Principles of the ICT Policy ..................................................................................... 9
     5.4 Situational Analysis and Highlights ................................................................................... 10
       5.4.1 Regulatory Background ...............................................................................................................10
       5.4.2 Operational Environment............................................................................................................10
       5.4.3 Technology Trends..........................................................................................................................11
     5.5 Challenges ........................................................................................................................................ 12
     6 Policy Focus Areas ...................................................................................... 12
     6.1 Mobile First ...................................................................................................................................... 12
       6.1.1 Background ........................................................................................................................................12
       6.1.2 ICT Infrastructure and Access ...................................................................................................13
       6.1.3 Universal Access ...............................................................................................................................15
       6.1.4 Accessibility ........................................................................................................................................17
     6.2 The Market ....................................................................................................................................... 17
       6.2.1 Background ........................................................................................................................................17
       6.2.2 Money....................................................................................................................................................18
       6.2.3 Things ...................................................................................................................................................21
       6.2.4 Rules ......................................................................................................................................................25
     6.3 Skills and Innovation ................................................................................................................... 30
       6.3.1 Science Technology and Innovation .......................................................................................31
       6.3.2 The Council for the Future ..........................................................................................................31
       6.3.3 Emerging Technologies ................................................................................................................31
       6.3.4 Human Resource Development .................................................................................................33
     6.4 Public Service Delivery ................................................................................................................ 33
       6.4.1 E-Services/Government ................................................................................................................33
       6.4.2 Postal and Courier Services ........................................................................................................34
       6.4.3 Child Online Protection .................................................................................................................35
     6.5 Security .............................................................................................................................................. 35
     7 Monitoring and Evaluation ......................................................................... 37
     List of Acronyms ............................................................................................ 37

Ministry of ICT, Kenya                                                          3/37                                                               November-2019
1 Foreword                                                In reviewing this policy, the Government
                                                     has taken into account the tremendous impact
     One of the main priorities of the
                                                     of globalisation and the rapid changes in
Government towards the attainment of Kenya
                                                     technology. These changes have invariably
Vision 2030 development goals and objectives
                                                     affected the traditional approach to the
for wealth and job creation is the achievement
                                                     management of public affairs and service
of an industrialised information society and
                                                     delivery, and increasingly inform the need for
knowledge economy. The objective is to
                                                     an adaptive policy and regulatory response.
facilitate the creation of dignified jobs that
                                                          This revised Policy provides a clear and
provide financial security and independence to
                                                     compelling vision to drive social, economic,
allow greater innovation and future thinking.
                                                     cultural and political transformation through
By providing local and international
                                                     the effective use of Information and
connectivity across the country and region, and
                                                     Communications Technology (ICT) in the years
developing      in-country     solutions,      the
                                                     ahead. The Policy provides many of the key
Government will enable creation of online and
                                                     strategies essential for achieving Kenya’s
digital jobs, markets, and quality skills allowing
                                                     national development targets. Going forward,
Kenyans to embrace the shared economy. In
                                                     the Government will concentrate on speeding
this way, citizens will transition from
                                                     up the development of new generation mobile,
traditional ways of working to innovative,
                                                     high-speed, secure and ubiquitous ICT
digitally enabled forms of work.
                                                     infrastructure,      developing      a     modern
     This review of the Information and
                                                     technology-enabled          industrial     system,
Communications Technology (ICT) Policy of
                                                     implementing the national big data strategy
March 2006 is inspired by, first, the need to
                                                     and enhancing national cyber-security.
align the Policy with the new constitutional
                                                          By harnessing the power of ICTs, private
dispensation in Kenya, and Vision 2030. This
                                                     and state-owned enterprises are expected to
review specifically aims to incorporate the
                                                     improve their sourcing, sales and logistics
lessons learned from the Vision 2030
                                                     systems; streamline operations, track market
     Medium Term Frameworks and takes into
                                                     trends and boost their marketing, research and
account the three underlying pillars of Vision
                                                     innovation capabilities. Enterprise operations
2030, (Economic, Social and Political) and the
                                                     will become more efficient, translating into
United Nations Sustainable Development Goals
                                                     productivity gains and the creation of new
(UN SDGs). The overarching focus will be to
                                                     markets for innovative products and services.
provide access to ICTs, especially broadband, to
                                                     The strategies and action plans developed as a
all Kenyans and seamless connectivity to the
                                                     result of this policy will continue to bring about
East African Community member states with
                                                     the rapid transformation of Kenya.
proactive collaboration at regional and
                                                          In conclusion, it is my conviction that this
international levels, leveraging our leading
                                                     Policy will continue to set the pace and give the
position in Fintech and our capital markets.
                                                     right direction to further the development of
     Secondly, the review is meant to provide a
                                                     our economy in general and the ICT sector in
proactive framework that is in tandem with
                                                     particular for the benefit of all stakeholders.
current technological realities and dynamics,
and one that will guide the orderly
                                                     Joe Mucheru, EGH
development of the ICT sector so as to ensure
                                                     Cabinet Secretary for Information,
maximum developmental impact for the benefit
                                                     Communications & Technology
of all Kenyans.

Ministry of ICT, Kenya                           4/37                                   November-2019
2 Preamble                                                Market; designed to increase the overall
                                                     size of the digital and traditional economy to
     The National ICT policy was last reviewed
                                                     10% of GDP by 2030; Skills and Innovation;
in 2006. Since then, the sector has experienced
                                                     which outlines a careful plan designed to jump-
rapid technological advancement, changes to
                                                     start a self supporting ecosystem that will
the legal and administrative framework and
                                                     produce world-class research, technology
many emerging issues. The latter include
                                                     products and industries; Public Service
increased IT enabled services, increased
                                                     Delivery; requires that all government services
demand on bandwidth and for Quality of
                                                     are available online, that every Kenyan has
Service (QoS), challenges of cyber-security,
                                                     online access and that government services are
integration projects and harmonization of ICT
                                                     delivered quickly and fully at the time and place
policies regionally and internationally.
                                                     that they are needed.
     This policy is a product of an all-inclusive,
                                                          The government will also continue to play
participatory and consultative process. It is
                                                     its role in promoting broadcasting and
guided by the following principles; Putting ICT
                                                     telecommunication services through: provision
at the centre of the national economic agenda,
                                                     of infrastructure to enable expansion of digital
Improving access to ICT especially broadband,
                                                     TV coverage in unserved and underserved
efficient public service delivery and
                                                     areas; encouraging development of high
maintaining an open government, Putting the
                                                     quality, easily accessible, relevant local content;
private sector first and Leveraging on ICT to
                                                     development of a National Language Policy to
promote Sustainable Development Goals.
                                                     encourage use of local languages in developing
     The main policy objectives are to (1) Create
                                                     content; ensuring that the radio frequency
the infrastructure conditions for use of always-
                                                     spectrum is managed in equitable and
on, high speed, wireless, internet across the
                                                     transparent manner with specific and clear
country. Provide enabling infrastructure and
                                                     conditions;       encouraging       sharing      of
frameworks that support the growth of data
                                                     infrastructure and enforcement of quality of
centres, pervasive instrumentation (Internet of
                                                     services regulations to ensure availability of
Things), machine learning and local
                                                     reliable services by service providers and
manufacturing whilst fostering a secure,
                                                     realization of an effective postal and courier
innovation ecosystem; (2) Grow the
                                                     ecosystem to drive the development of e-
contribution of ICT to the economy to 10% by
                                                     commerce and the digital economy.
2030, by using ICT as a foundation to the
                                                          The implementation of the policy will
creation of a more robust economy, providing
                                                     necessitate institutional reforms in some Semi-
secure income and livelihoods to the citizenry;
                                                     Autonomous Government Agencies that will
(3) Leverage regional and international
                                                     result in a more vibrant sector
cooperation and engagements to ensure that
                                                          Finally, to implement this policy
Kenya is able to harness global opportunities;
                                                     effectively, the current legal, institutional and
(4) Position the country to take advantage of
                                                     regulatory framework will be reviewed and
emerging trends such as the shared and gig
                                                     aligned to the strategic policy focus. A robust
economy by enhancing our education
                                                     monitoring and evaluation system will be put in
institutions and the skills of our people, and
                                                     place to track its implementation and the
fostering an innovation and start-up ecosystem
                                                     reviews will be shared annually.
that is able to lead on a global scale; and (5)
Gain global recognition for innovation,
                                                     Jerome Ochieng
efficiency and quality in public service delivery.
                                                     Principal Secretary for ICT and Innovation and
Services will be delivered in a manner that
                                                     for Broadcasting and Telecommunications
ensures we have a prosperous, free, open and
stable society.
      These objectives will be actualised
through four thematic focus areas: Mobile
first; which will ensure that every Kenyan can
access inexpensive Internet and reasonable
access to locally produced devices;

Ministry of ICT, Kenya                           5/37                                    November-2019
3 Vision and Mission                               4. Position the country to take advantage of
                                                      emerging trends such as the shared and gig
                                                      economy, by enhancing our education
3.1 Vision                                            institutions and the skills of our people and
                                                      by fostering an innovation and start-up
    Kenya as a globally competitive knowledge         ecosystem that is able lead in the adoption
based economy                                         of emerging trends on a global scale.

3.2 Mission                                        5. Gain global recognition for innovation,
                                                      efficiency and quality in public service
     To facilitate universal access to ICT            delivery. Government services will be
infrastructure and services all over the country      delivered in a manner that ensures we have
                                                      a prosperous, free, open and stable society.

                                                        In light of the policy objectives outlined,
4 Overview of the Policy
                                                   this policy will focus on 4 key areas:

     This policy is designed to realise the        1.   Mobile First
potential of the digital economy by creating an    2.   Market
enabling environment for all citizens and          3.   Skills and Innovation
stakeholders. A review of the 2006 policy was      4.   Public Service Delivery
necessitated by the rapid changes and
developments in the ICT sector, evolving global    4.1 Mobile First
trends and the fast-changing public needs. The
Fourth Industrial Revolution is driving
automation and massive data exchange,                   The heavy investment by Government in
impacting our macro and microenvironments          internet connectivity infrastructure has
and increasing the level of ICT consumption        enabled access by 99.9% of our citizenry,
worldwide. It is for this reason that we are       mostly via mobile phones. Internet access
setting up a policy designed to take advantage     anywhere and at any time is pivotal to the
of these changes and trends that will enable       successful growth of a knowledge economy.
Kenya to become a more prosperous                  The Government will continue to invest in
participant in the global economy. The ICT         infrastructure for universal, always-on, high
Policy defines the forward-looking position of     speed, wireless data connectivity for every
the Government on various areas of the             citizen.
evolving ICT sector landscape in Kenya.                 The government takes cognisance of the
     The policy objectives:                        global trend of ubiquitous computing which
                                                   shows that the world is going mobile people
1. Create the infrastructure conditions that       want to access the internet anywhere and at
   enable the use of always-on, high speed,        any time. In recognition of this trend, this policy
   wireless, internet across the country.          will drive a mobile first approach, ensuring that
2. Facilitate the creation of infrastructure and   every Kenyan has reasonable access by
   frameworks that support the growth of data      focusing on mobile and wireless infrastructure.
   centres,      pervasive      instrumentation    The government will provide the network;
   (Internet of Things), machine learning and      storage     and    processing       infrastructure
   local manufacturing while fostering a           frameworks and guidelines that will see Kenya
   secure, innovation ecosystem.                   successfully compete on a global scale. This will
                                                   include:
3. Grow the contribution of ICT to increase the
   overall size of the digital and traditional     1. Investments in the infrastructure needed
   economy to 10% of GDP by 2030, by using            for work such as data centres, hardware,
   ICT as a foundation for the creation of a          software, telecommunications, networks
   more robust economy, providing secure              and broadcasting
   income and livelihoods to the citizenry.
   Leverage regional and international             2. Creating an enabling environment for the
   cooperation and engagements to ensure              local assembly and manufacturing of
   that Kenya is able to harness global               devices
   opportunities.
                                                   3. Strengthening of our payments and logistics
                                                      infrastructure

Ministry of ICT, Kenya                         6/37                                    November-2019
Government will encourage the use of our
4. Growth and adoption of local e-commerce           unique culture and languages to grow our
   platforms with global reach                       technology ecosystem and elevate our
                                                     businesses to compete at a global level. It will
5. Provision of trusted security and                 promote the adoption and use of the dot KE
   certification infrastructure for all electronic   country level domain name and set up the
   communication and transactions                    frameworks needed to ensure that Kenyan
                                                     goods and services are of quality and in high
6. Accessible news and media platforms both          demand globally in order to attract superior
   offline and online                                prices.
                                                          Rules: This policy will form the basis for
7. Affordable marketing and advertising              the regulation of converged industry; the rules
   platforms with quality audience data              that we set up will provide an enabling
                                                     environment that is secure, open and
8. Providing an all inclusive ICT environment        transparent. It will define a competition
   by encouraging gender equality and                framework to encourage and protect
   accessibility to persons with disabilities        investments, enforce employment and taxation
                                                     rules to drive growth and define the supporting
9. Coordination and cooperation with                 business infrastructure that allows citizens and
   international systems and platforms for           the world to do business with Kenyans. This
   global reach                                      includes such things as identity management,
                                                     cryptography and block chain, and the
4.2 Market                                           extension of traditional laws, regulations and
                                                     norms to the online space. As we move towards
     By the year 2030, Kenya will have an            a knowledge-based economy, the Government
estimated population of 66M, with over 200M          will enable access to information to every
devices and sensors connected to the Internet.       citizen by encouraging the private sector to
All aspects of our lives including money,            publish statistics that will enable the SME
security, governance, agriculture, tourism,          market to take advantage of trends. This policy
education and health will be fully and               will promote the availability of relevant
seamlessly integrated into the digital economy.      audience and demographic data to inform the
Technology is and will continue to catapult the      marketing strategies of businesses, and labour
growth of globalisation and trade across             market information to inform educators and
borders. Through regional and international          employers. Due to the convergence of
integration, the market will be global. The          infrastructure and services, the Government
Government recognises, and will leverage our         will restructure the regulator to enable
youth demographic as our competitive                 convergence in the regulation of the ICT
advantage in the global market. Over 1M youth        industry,      allowing    for     diversity     in
                                                     infrastructure, content and services offerings
enter the job market every year; the
Government will use ICTs as an enabler in            all in line with the Constitution. This will allow
providing dignity and financial stability to our     for the early adoption of emerging trends, such
youth.                                               as over-the-top providers (OTTs), convergence
     This policy aims to increase the overall size   and rapid changes in the sector. This area
of ICT contribution to the digital and traditional   highlights the guidance of government on
economy to 10% of GDP by 2030. In doing so,          practice and procedure, and the creation of an
this policy will provide a blueprint for creating    overarching architecture for the industry.
things, rules and money.                                  Money: The medium of exchange for goods
     Things: For those who want to develop           and services is digital and traditional forms of
devices, applications and deliver services to the    money. Kenya is currently the global leader in
Kenyan populace, the market will be massive;         mobile money with over 70% of the adult
blocks such as Common Market for Eastern and         population using these services. This policy
Southern Africa (COMESA), East African               aims to promote Kenya as the fintech
Community (EAC), theSmart Africa Alliance and        infrastructure hub for the region, and use
the African Continental Free Trade Area will         money strategically to direct the market
open up regional, continental and global             towards the attainment of national goals. This
markets. We will take advantage of the Internet      policy seeks to create a digital environment
of Things (IoT) and the entire infrastructure        where money creates value quickly by moving
laid out in our Mobile First objective to scale      rapidly and efficiently through the business
our local businesses beyond our borders. The         transaction cycle. The fintech opportunities

Ministry of ICT, Kenya                           7/37                                    November-2019
and infrastructure will provide an enabling          through an ICT Co-Fund that will unlock
environment for businesses to raise capital, list    requisite capital, avail easy access to critical
on the Nairobi Securities Exchange and attract       technical assistance and actively promote the
foreign direct investment. The policy will also      adoption and utilisation of local innovations.
encourage both local and international               Public long-term funds will be incentivised to
businesses to be domiciled in Kenya, and get         set aside 5% of their investments for the local
high returns. This will in turn attract and retain   ICT ecosystem.
global talent in Kenya.                                   The Government will work to encourage
     The Government will leverage our skills         early Initial Public Offerings in the Growth
and innovations to grow our businesses and           Enterprise Market Segment of the Capital
provide a strong intellectual property               Market (GEMS) and support the growth of
infrastructure to ensure innovations are             Permanent Listed Vehicles that build bridges
protected. It will enable a 24hr economy,            between investors and the businesses that need
enforce the use of the National Public Key           investment to grow.
Infrastructure and ensure all safety nets are in          Government ICT procurement, including
place to protect our money and investments.          security and defence, will prioritise award of
                                                     tenders to new and innovative local businesses
4.3 Skills and Innovation                            to permit greater participation by emerging
     This policy outlines a careful plan designed    enterprises and preferentially adopt home
to jump-start a self-supporting ecosystem that       grown solutions. Kenyan built solutions will be
will produce world-class research, technology        preferred over any other solution; where there
products and industries. The technology              are no local businesses that meet the tender
environment is changing fast and Kenya needs         requirements, skills transfer to local firms and
to not just keep up but to lead the charge. In       personnel will be a mandatory requirement.
order to ensure that we are always on the right
track, every two years we will reassess              4.4 Public Service Delivery
research and development priorities and set               It is our policy that all government services
five new technology goals. The government will       must be available online, that every Kenyan has
fund investment in the selected new                  online access and that government services are
technologies, encourage the private sector to        delivered quickly and fully at the time and place
focus on the identified research and investment      that they are needed. This ICT policy requires
priority areas and help create skills in those       all arms of government to build, deploy,
technologies by funding scholarships, grants,        operate and manage locally built back-end and
challenges and innovation awards.                    front end systems to deliver services. This
     Our people need gainful work, by ensuring       policy also requires that Kenyan data remains
incentive and educational alignment with             in Kenya, and that it is stored safely and in a
global market requirements; Kenyans will be in       manner that protects the privacy of citizens to
demand both locally and internationally for          the utmost. Government services will be
technical work. We want to be leaders and            delivered in a manner that ensures we have a
innovators in the fourth industrial revolution       prosperous, free, open and stable society.
and so we want to attract and create the best             This policy aims to promote the
educational institutions in the world. We will       collaboration of the National and County
continue to encourage partnerships such as the       governments to ensure that all services, both
International Space Program in Malindi and           physical and digital reach every citizen at a
ensure that our curriculum takes into account        guaranteed high level of quality. The ICT policy
the gig economy, generating a skilled workforce      requires that:
that is attractive globally.
     By 2020, there will be over 5 billion            Service charters be published by the public
connected people worldwide; the average                sector and citizens sensitised about them.
internet user will be from the emerging
markets and we want to connect with them on           Government services be easily accessible to
all digital platforms. Our unique culture and          all citizens using their mobile devices
languages put our Country in a strategic               anywhere and anytime.
position to innovate for the emerging markets,
forming partnerships and strategies that guide        All procurement and tender processes be
our training and skills generation.                    electronically published and open to all.
     The Government will support and enable
the development of a robust technology
entrepreneurship ecosystem in the country

Ministry of ICT, Kenya                           8/37                                   November-2019
 Revenue collection to be transparent and             Innovation in modern economy in which new
  accountable.                                         knowledge plays a central role in boosting
                                                       wealth    creation,   social    welfare and
 All arms of government implement and                 international competitiveness. This will be
  manage locally built back-end and front-end          done through: economic and institutional
  systems to deliver services.                         regime that utilises existing knowledge;
                                                       creation    of     new     knowledge    and
 E-services are provided on platforms that            entrepreneurship; educated and skilled
  are secure from fraud and breach of privacy          population;    dynamic     information  and
  of personal information.                             communication infrastructure that facilitate
                                                       processing and dissemination; and effective
 All   government      systems currently              innovation system and research.
  developed and all future systems be
  integrated with each other.                          5.2 Rationale for Policy Review

 All government services be available online.             The review of the policy has been
  Every citizen to have online access and that         necessitated by the rapid changes and
  government services are delivered quickly            developments since 2006 in order to keep
  and fully at the time and place that they are        abreast with development of emerging
  needed.                                              technologies. The review is therefore necessary
                                                       to cater for the changes in legal and regulatory
 Kenyan data remains in Kenya, and that it is         frameworks, technology advancement and
  stored safely and in a manner that protects          emerging issues. These developments include:
  the privacy of citizens.
                                                          Legal and Regulatory Frameworks:
     The Government will be efficient, secure              Enactment of Constitution of Kenya 2010,
and open. It will be recognised internationally            Kenya Information and Communication
for its innovations and quality in public service          Act 2013, Media Act 2013 and
delivery. This policy requires and mandates the            restructuring of Government functions.
use of Universal Personal Identifier (UPI) for all
civil servants and citizens and a local payment           Technological Advancement: There have
scheme for Government transactions.                        been many changes in the technological
                                                           and competitive space since 2006, some of
                                                           these include the convergence of ICT
5 Background                                               technologies, Migration from analogue to
                                                           digital TV broadcasting and its effect on
5.1 ICT and Vision 2030                                    broadcasting market segment and radio
                                                           spectrum, and advancement of mobile
                                                           technology enabling new services.
     The Vision 2030, Kenya’s Long Term
Development Blueprint aims to create a                    Emerging Issues: Increased IT enabled
globally competitive and prosperous nation,                services, increased demand on bandwidth
transforming       Kenya     into      a      newly        and for Quality of Service (QoS), Challenges
industrialising,     middle-income          country        of cyber security, Regional integration
providing a high quality of life to all its citizens       projects and Harmonisation of ICT policies
by 2030 in a clean and secure environment.                 in the international and regional fore,
Vision 2030 three pillars, namely the Economic,            Content in the era of media convergence
Social and Political are anchored on                       and globalisation; Global partnership on
macroeconomic stability; continuity in                     Child Online Protection and changing
governance reforms; enhanced equity and                    consumer preferences.
wealth creation opportunities for the poor. The
Economic Pillar that captures the expectations
of the ICT market seeks to improve the
prosperity of all regions of the country and all
Kenyans by achieving a 10% GDP growth rate
                                                       5.3    Guiding Principles of the ICT
by 2017.                                               Policy
     ICT is identified as enabler or foundation
for socio economic transformation. The Vision              In the development of this policy, these
recognises the role of Science, Technology and         principles were taken into account:

Ministry of ICT, Kenya                             9/37                                  November-2019
living for Kenyans. The Economic Survey 2018
     Economic Agenda                                report provides an overview of the ICT sector
Put ICT at the centre of the national economic      performance and development trends,
agenda, recognising the role of the ICT sector as   recognizing that ICT output increased by 10.9%
a critical pillar in national development and the   to Ksh 354.1 billion in 2017.
attainment of the goal of becoming and
remaining a global leader in the knowledge-            Fibre Optic Coverage: Every county
based economy.                                          headquarters has been reached by the
                                                        National     Optic   Fibre      Broadband
     Ubiquitous Access                                  Infrastructure (NOFBI) in addition to other
Fulfil the goal of giving every Kenyan access to        fibre-optic cables owned by private
reliable, affordable, high-speed broadband              companies, Kenya Electricity Transmission
connectivity                                            Company (KETRACO) and Kenya Power
                                                        and Lighting Company (KPLC).
    Constitutional Principles
Improve government accountability, efficiency,         2G Coverage: Geographical coverage is
service delivery and maintain an open                   45% of Kenya’s land area, with 94.4% of
government. Develop and protect citizen rights          the population covered.
and duties as enshrined in the constitution of
our republic.                                          3G Coverage: Geographical coverage is
                                                        17%, with 78% of the population covered
    Private Sector
Give the interests of the private sector top           4G Coverage:     Reaches 37% of the
priority in order to foster entrepreneurship,           population and 15% of the surface area.
innovation, investment and growth.
                                                       Internet Domains: The total number of
    Sustainable Development                             Internet domains grew by 13.08 per cent to
Leverage ICT to promote sustainable                     83,646 in 2018. The number of “.co.ke”
development, accelerate human development,              domains increased by 13.72% to account
bridge the digital divide and develop a                 for 92.5% of the total registered domains in
knowledge society.                                      2017. Enhanced uptake and use of sub-
                                                        domain names as a result of awareness on
5.4       Situational Analysis and Highlights           the benefits of use, led to the doubling of
                                                        domains under information content,
5.4.1 Regulatory Background                             mobile content and those used in network
                                                        devices to 374, 126 and 466, respectively.
    The Constitution of Kenya, 2010, the Kenya
                                                       Broadcast Services and Subscriptions: The
Communications Act (No. 2 of 1998) and as
                                                        number of Frequency Modulation (FM)
amended by the Kenya Communications
                                                        radio stations stood at 173 while Free To
(Amendment) Act, 2009, and the Kenya
                                                        Air television stations were 75 in 2018. The
Information        and       Communications
                                                        number of digital signal distributors in the
(Amendment Act) 2013 provide the main
                                                        country remained at 5 Digital Terrestrial
framework for regulating the communications
                                                        Televisions       Set-Top     Box     (STB)
sector in Kenya. Other statutes include the
                                                        subscriptions stood at 4.5 million in 2018
Media Act, 2013 and the Kenya Information and
                                                        while cable TV and direct to home satellite
Communications Technology (ICTA) Order
                                                        subscriptions stood at 1.28M.
2013; among others.
                                                       Newspaper Circulation and online
                                                        Newspaper Readership: In 2017, the
                                                        circulation of daily English and Kiswahili
                                                        newspapers declined by 4.9 per cent and
5.4.2 Operational Environment                           9.9 per cent, respectively due to online
                                                        readership of newspapers. Similarly, the
     Kenya is currently one of Africa’s fastest         number of weekly English newspapers in
growing ICT markets where ICTs have                     circulation decreased by 5.9 per cent over
increased productivity in all spheres of                the same period. However, the average
production process and enabled expansion of             online readership went up by 20.1 per cent
skills, contributing to improved standards of           in 2017.

Ministry of ICT, Kenya                          10/37                                 November-2019
has led to fundamentally useful outcomes such
    The    value     of   mobile    commerce          as accurate speech recognition, automated
     transactions expanded by 85.5 per cent to         expert level medical diagnosis, better-than-
     Ksh 3.2 trillion in 2017. The growth was          human computer vision, holistic systems like
     spurred by customer’s preference for              self-driving cars and self guiding drones, and
     mobile commerce and the availability of           more       mundanely      improved        purchase
     these services across the country.                recommendation systems, customer credit
                                                       rating and epidemic outbreak prediction.
5.4.3 Technology Trends                                     Blockchain and Digital Currency: A peer-
                                                       to-peer distributed digital ledger that provides
     Gigabit and Petabit Wireless: Networks            an immutable time-sequenced record of all
at the edge are going wireless. We observe the         transactions (blockchain) is a peer-to-peer
                                                       distributed digital ledger that provides an
development of NBase-T, Terahertz wireless
                                                       immutable time sequenced record of all
and other high-speed communications
developments, and anticipate their wholesale           transactions, does not require trust between
                                                       parties and facilitates electronic “smart
adoption across all sectors of Kenya. Kenya will
                                                       contracts”. Blockchain can be used to track
standardise on Gigabit/Ethernet speed
wireless networks.                                     digital assets, assets whose ownership can be
     Ubiquitous Communications: Internet               verified digitally such as land, equities, shares
                                                       and derivatives, votes and currency. It’s most
access is available everywhere, all the time to
everybody and everything via mobile phone,             famous implementation is in Bitcoin, but it not
Wi-Fi, cable and other means. The internet             limited to those domains. A blockchain’s
                                                       integrity hinges on strong cryptography that
protocol has become the de-facto means of
                                                       validates and chains together blocks of
communication. This trend will intensify and
increase as available speeds improve.                  transactions, making it nearly impossible to
                                                       tamper with any individual transaction record
     Pervasive Instrumentation: As more and
                                                       without being detected.
more devices and elements of our environment
become network enabled, from electric power                 The Sharing Economy: The Sharing
meters, industrial equipment to household              Economy is a socio-economic ecosystem built
                                                       around the sharing of human, physical and
appliances we are entering an era where
everything is producing data continuously and          intellectual resources. A sharing economy is an
everything can talk to everything else. This is        economic model in which individuals are able
                                                       to borrow or rent assets owned by someone
the Internet of Things (IoT) or to use more
recent nomenclature the Internet of Everything         else. The sharing economy model is most likely
(IoE). The ability to remotely effect physical         to be used when the price of a particular asset
                                                       is high, and the asset is not fully utilised all the
change inherently poses significant challenges
                                                       time.
and provides enormous advantages. You can
now remotely monitor, manage and change                     Sitting in any large parking lot are dozens
                                                       of cars, which represent hundreds of millions of
processes and states without having to
                                                       shillings of non-performing depreciating
physically be present, but it also means you can
do damage, destroy facilities and injure people        capital assets. Putting those assets to use, when
remotely.                                              the owner is not using them, is the basic
                                                       operating model of ride-sharing and online taxi
     Big Data: Every person, device and
instrument has become a data emitter. The              companies.
aggregation and storage of these enormous                   Communities of people have shared the use
                                                       of assets for thousands of years, but the advent
data volumes has led to a technical
                                                       of the Internet has made it easier for asset
phenomenon called big data. The storage,
analysis and interpretation of big data requires       owners and those seeking to use those assets to
                                                       find each other. This sort of lending is
specialised techniques and equipment for
                                                       sometimes referred to as a peer-to-peer (P2P)
which we must be prepared. Kenya is currently
a net emitter of data and the facilities, capability   rental market.
and interest in being a sink need to be                     Sharing economies allow individuals and
                                                       groups to make money from underused assets.
developed. We need to develop the capacity to
store and use our own data.                            In this way, physical assets are shared as
     Deep Learning: Machine learning is a              services. For example, a car owner may allow
                                                       someone to rent out their vehicle while they are
branch of artificial intelligence focusing on data
                                                       not using it, or a homeowner may rent out their
classification,    trend      identification   and
predictive analytics. Using big data for machine       home while they are on vacation.
learning is called deep learning. Deep learning

Ministry of ICT, Kenya                            11/37                                     November-2019
The Gig Economy: The gig economy is a              3.   Cultural and attitudinal resistance to
labour market characterised by the prevalence                the implementation of ICT-based
of short-term contracts or freelance work as                 services and offerings
opposed to permanent jobs. In order to be
successful in the gig economy, each individual          4.   Cybercrime      and      cyber-security
needs to manage their time and finances as if                vulnerabilities
they were a one-man company.
     The mobility of white-collar work, the             5.   Inadequate    policies,  legal    and
emergence of freelancing platforms and the                   institutional frameworks at the
drive for operational efficiency have                        national and devolved county levels of
transformed the nature of work. The fastest job              government
growth globally is in “nonemployee” firm’s i.e.
self-employed, short term contract (measured            6.   A dearth of competent and skilled
in hours), remote and telecommuting workers.                 human capacity due to inadequately
These participants in what is called the gig-                and     inappropriately        equipped
economy, where people eschew formal salaried                 universities and tertiary institutions
employment for freelancing work are a
growing and significant proportion of the               7.   An     underdeveloped     innovation
workforce.                                                   ecosystem     that    hinders    the
     Adaptive Security Architecture: The                     development and growth of Kenyan
complexities of digital business and the                     corporations and industry
algorithmic economy, combined with an
emerging “hacker industry,” significantly               8.   Structural and legal inadequacies that
increase the threat surface for our nation. We               hinder the development and evolution
need to develop the capacity to detect and                   of online transactions, such as a
respond to threats, secure our communications                National Addressing System (NAS)
and data, protect our people and infrastructure,
and develop resilience in the face of disaster.
     Mass Personalisation and Personalised          6 Policy Focus Areas
Manufacturing: The widespread availability of
experience individuation by such services as
                                                        The Kenya National ICT Policy outlines the
Facebook and Google has created an
                                                    policy of the Government of Kenya in relation to
expectation of personalised custom public
                                                    the     design,    development,       acquisition,
service delivery. Cost effective small-run
                                                    deployment, operation, support and evolution
manufacturing technologies such as 3D
                                                    of public and private ICTS. It defines the current
printing have transformed marketplace
                                                    and forward looking position of the
dynamics making a marketplace of one
                                                    government on various areas of the evolving
economically feasible. This evolution in the
                                                    and emerging technology landscape in Kenya.
calculus of economies of scale will have a
significant impact on Kenyan industry.
                                                    6.1 Mobile First
5.5 Challenges
                                                    6.1.1 Background
    There are significant challenges to be
overcome in achieving the goals of this policy in        The government recognises that to become
the short term. Some of these challenges,           and remain globally competitive in the
addressed in this policy, include:                  emerging order, it is necessary to invest in and
                                                    provide the conditions for always-on, high
     1.   Unequal investment and access to ICTs     speed, wireless data connectivity for every
          in un-served and under-served areas       citizen, everywhere in Kenya. In order to
          within Kenya                              support this goal it is necessary that there be a
                                                    robust, capable backbone to back haul traffic,
     2.   The under-utilisation of ICTs in the      and that the conditions in the marketplace are
          provision of government services and      conducive to the provision of competitively
          the       underdevelopment         of     priced, affordable last-mile connectivity for
          opportunities for economic growth         every citizen. This policy outlines the
          and job creation                          conditions required for the private sector led
                                                    provision of services, and provides for the
                                                    regulation and incentives for affordable high-

Ministry of ICT, Kenya                          12/37                                  November-2019
speed wireless access across the length and         optimal service reliability, redundancy, carrier
breadth of Kenya. To balance the principle of       and net neutrality, and the security of data both
open access with the need to provide                at rest and in transit. To this end:
commercial incentives that foster investment,
the Communications Authority (CA) will license      1. The National Government will develop a
county-based service providers to offer last           National Integrated Infrastructure plan.
mile access solutions and provide equitable and        Each County Government will also develop
affordable access to NOFBI for such licensed           a County Integrated Infrastructure Plan.
providers.                                             These integrated plans will be designed to
                                                       facilitate rational, cost-effective, sustainable
6.1.2 ICT Infrastructure and Access                    and easily maintained ICT infrastructure by
                                                       multiple stakeholders
     The Constitution of Kenya establishes a
devolved system of government and provides          2. The National Government will develop a
inter alia that broadcasting, postal and               central publicly available registry of the ICT
telecommunications services shall be the               infrastructure and resources of government
mandate of the national government. In                 agencies, operators, utility companies and
fulfilment of this mandate the national                infrastructure building companies to which
government has invested and continues to               reference may be made to prevent
invest in a National Optic Fibre Backbone              unnecessary duplication and waste of
Infrastructure    (NOFBI).     Counties    are         scarce ICT resources. Regulations will be
encouraged to provide ICT infrastructure and           promulgated to ensure that regular and
skills development as will permit them to take         accurate reports are made by government
advantage of this national ICT policy. The             agencies, licensees and utility companies.
national government will provide such
technical and knowledge support as the              3. Government will strictly enforce quality of
counties may require to give regional effect to        service regulations to ensure reliability and
this policy.                                           availability of services
     This policy mandates the deployment of
the following services and systems:                 4. Government will provide industry players
                                                       with equitable access to publicly owned
     Infrastructure Sharing: Infrastructure            infrastructure
development and deployment is a capital-
intensive undertaking and should be managed         5. Government will review the National
on a prudential basis nationally. The                  Broadband Strategy to ensure provision of
government will continue, as it has, to invest in      high-speed affordable connectivity to all
common, publicly available high capital                citizens in all places. Where it is not
undertakings such as a national data transport         commercially viable for operators to invest
backbone, central and regional data centres,           in infrastructure, the government will
and carefully managed shared radio                     promptly build and develop publicly owned
frequencies. The Communications Authority              supporting infrastructure to facilitate
will oversee access, license operators, and            commercial last mile service provision.
regulate and price commercial access to
infrastructure built with public funds. All         6. The Government will adopt an Enterprise
infrastructure built with public funds will be         Architecture to govern the implementation
available for use by Kenyan private and                and      deployment     of    infrastructure,
commercial operators on fair, affordable and           hardware, software, systems and services
equitable terms without prejudice to their size,       across the public sector in a coherent, cost-
location or composition. A legal framework will        effective and sustainable manner. In order
be developed to provide for a fair use policy, by      to ensure efficient use of funds and limited
which privately established infrastructure may         resources, the Government shall reach
on fair commercial terms be made available by          agreements for economic bulk purchase of
one operator to others. The Communications             software licenses and standard ICT
Authority will ensure that the arrangements            equipment. All government Ministries,
between operators and service providers                Departments, Agencies and bodies are
provide national resilience to disasters,              required to acquire such licenses and
equitable access to naturally limited resources        equipment, as they need, at the reduced
and sites, and that collocation of services and        government negotiated price. These prices
equipment is encouraged, while ensuring                will be submitted to the Public Procurement

Ministry of ICT, Kenya                          13/37                                   November-2019
Oversight Authority for inclusion in the              approved by the Ministry of ICT, which will
    Market Price Index.                                   not permit new investment where there is
                                                          available capacity in any other ministry that
7. The Government will liaise with all relevant           may be used, thus providing a cost efficient,
   government agencies to require that all new            scalable and secure environment for
   commercial and private developments are                government data and information storage;
   designed and adequately provided with
   facilities for high-speed connectivity             2. The government will promote, encourage
                                                         and license private sector investment in
8. The Government will be open to, support               neutral data centres by companies
   and encourage the development of new                  incorporated for that purpose;
   business models that provide for
   infrastructure sharing or the provision of         3. Encourage Kenyan businesses and County
   services in under-served and unserved                 governments to share data centre
   areas. The government will design                     infrastructure to minimise network
   incentives, or provide funding on such                duplication;
   terms and in such manner as will best
   achieve ubiquitous broadband access.               4. This policy mandates the development of
                                                         standards for data centres, providing legal
    Internet Exchange Points: Internet                   and regulatory coherence with Kenyan
Exchange Points (IXP) help strengthen the local          safety and environmental protection
Internet ecosystem, develop the local Internet           standards. The standards will take
industry. Their benefits include:                        cognisance of national disaster recovery
                                                         and resilience frameworks, and the
    Improve Internet quality and affordability          constitutional requirements of devolution
     in local communities;                               and diversity;

    Improved local Internet connectivity;            5. Regulations and laws will be enacted that
                                                         specifically ensure that data is processed
    Improve competitiveness;                            fairly and lawfully in accordance with the
                                                         rights of citizens and obtained only for
    Serve as a hub for technical activity; and          specific, lawful purposes, and that clearly
                                                         establish that all data on a person is owned
    Encourage local service hosting and local           by the person;
     content development and applications.
                                                      6. The government will ensure the availability
    The Government encourages partnerships               of basic infrastructure for approved data
that seek to enhance peering and                         centers, such as reliable grid power,
interconnection through deploying additional             subsidised or discounted electric power
IXPs and use of deployed infrastructure,                 costs, access to the national publicly-owned
including national and international fibre               data transport backbone, security within
cables, and local data centre development.               the context of the national cyber-security
                                                         framework, physical policing plans, and the
     Data Centres: The Government will                   national data classification guidelines. All
develop guidelines for current and future data           centres that hold public data must be a
centres to avoid inefficient public and private          minimum of a level 2 Data Centre.
ad-hoc investments.
     With the mandated requirement for the                 Rights of Way/Way Leaves: Rights of
licensing of county based last-mile service           way, way leaves, permits and clearances have
providers,     County      governments      are       been a persistent and recurring challenge to the
encouraged to create shared data centres for          deployment of cabling plant, towers and other
local peering and internet traffic exchange. In       infrastructure. The Government will:
support of this policy objective:
                                                      1. Work with County Governments to develop
1. All government Ministries, Departments                harmonised way leave guidelines and
   and Agencies shall share and optimise data            charges that protect the ICT infrastructure,
   centre infrastructure. All government data            optimise usage, protect the environment
   centres, not specifically designated for              and roads, and prevent multiple charges;
   national security purposes, shall be

Ministry of ICT, Kenya                            14/37                                  November-2019
2. Require that all current and future road, rail
   and underground power grid designs                   Complementary Infrastructure: The
   incorporate common crossing ducts to             Government recognises that the economic
   prevent damage wherever crossing is              impact of ICT is contextual and dependent on
   needed and provide commonly available            other complementary infrastructure such as
   fiber ducts along their length;                  energy, transport and communications.
                                                        The Government will:
3. Take direct corrective measures to protect
   against way leave encroachment by                1. Provide incentives that enable the
   developers especially land owners whose             development of infrastructure for the public
   properties front major highways and other           good
   access roads;
                                                    2. Strengthen mechanisms that ensure open
4. Where there are no pre-existing ducts, to           access for all players and users
   require infrastructure sharing on new
   builds as a pre-requisite condition for          3. Provide support infrastructure such as
   licensing. The government will where                roads, power grid access, and security to
   appropriate provide fee breaks, incentives,         support ICT development
   discounts, government cost-sharing and
   grants to the primary duct developer and              Domiciliation of Manufacture: It is the
   require the provision of equitable access to     government’s aim and policy to establish the
   other service providers, government              manufacture      of   ICT     equipment      and
   agencies and utility companies.                  infrastructure components in Kenya. To this
                                                    end, the government has provided in various
     Wireless Data Infrastructure: The              sections of this policy, incentives and various
Government will facilitate the ubiquitous           measures to achieve this objective, such as:
deployment of new-generation high-speed
wireless         broadband           connectivity   1. Ensuring that a percentage of rare earths
infrastructure, in order to reduce from- the-          mined in Kenya are kept for domestic
curb and in-building deployment costs,                 consumption and manufacture
improve the cost effectiveness of broadband
delivery and access, and provide effective,         2. Providing fiscal incentives for the creation
reliable, secure internet infrastructure. All new      of local manufacturing plants
government network builds and deployments
will consider a wireless-first approach. This       3. Providing     for  technology    licensing
requirement especially applies to village, small       assistance to Kenyan enterprises
community       and     government       building
networks.                                           4. The provision of free government funded
                                                       consultancy and mentoring services
     Broadcast Signal Distribution: The                especially to the ICT manufacturing sector
Government will continue to license broadcast
signal distribution services depending on the       5. Regional and continental trade assistance
market growth and the availability of the              and market access, amongst others
required radio frequency spectrum resources
to ensure that the use of broadcasting              6.1.3 Universal Access
infrastructure is maximised and frequencies
are utilised efficiently. All licensed signal           It is the policy of Government to ensure
distributors will be required to provide            that ICT services both public and private, and
services to licensees on an open access and         the requisite knowledge to deploy and use
non-discriminatory basis.                           them are available to our citizens at the time,
                                                    place and manner that they are required, and
     IPv6: The Government will support and          also that all citizens can and will participate in
encourage the migration to modern internet          the knowledge economy.
protocols that provide functional efficiency and
sufficient scope for future technological           The government will seek to ensure that:
developments. All national government
installations will use IPv6 at a minimum. All       1. The Universal Service Fund is prudently
new national government installations must             managed to drive universal access and that
use IPv6.                                              service is provided in areas service

Ministry of ICT, Kenya                          15/37                                  November-2019
providers do not consider economically           3. Legal framework and technical support for
    viable;                                             blockchain: to securely record all
                                                        transactions
2. High quality internet access is available
   everywhere in Kenya;                              4. Regulatory and Legal support for digital
                                                        payments: to enable safe financial
3. Every Kenyan can afford a device that they           transactions
   can use to access the Internet;
                                                     5. A delivery services framework for the
4. Every Kenyan has access to free advice               delivery of physical goods and services
   about appropriate digital technology
   choices for their needs;                          6. Recognition and enforcement of digital
                                                        contracts to build confidence in online
5. Every Kenyan has the skills they need to use         transactions
   their choice of digital technology
   appropriately;                                    7. Cyber and computer crime and Critical
                                                        Infrastructure legislation.
6. Kenya receives global recognition as a safe
   place to do digital business.                          The policy envisages that citizens will use a
                                                     wide variety of devices: smartphones, tablets,
     This requires a multidimensional approach       computers and Internet of Things devices.
to the tri-fold challenge of ubiquity, utility and   However, the basic properties required of all
participation.                                       these devices are that they should be
                                                     affordable,       secure,      internet-enabled,
     Ubiquity: The challenge of equipping the        identifiable and should promote mobility.
entire geography of our nation with the                   Since internet-enablement is a basic
infrastructure and connectivity to make data         principle of participation this policy seeks to
everywhere available is variously addressed in       facilitate connection to the network with a
this policy document. It is the government’s         secure digital identifier and the delivery of a
policy to treat all populated areas of our           mandated minimum bandwidth (defined in the
country equally and provide equivalent               Broadband Strategy) to enable reasonable
infrastructure per capita.                           quality of interaction.
     Participation: To achieve the full                   Attitudinal Change: Support Purely online
participation of every Kenyan it is the              transactions       for     non-digital     goods
government’s policy to provide every citizen         foundationally require a degree of trust and
with the Tools, Attitudinal change support,          trustworthiness combined with an openness to
Skills and Knowledge (TASK) necessary to             change and innovation. This policy recognizes
participate in our joint digital future. The plan    that there are certain attitudes and behaviours
is to ensure that a significant proportion of        that should be encouraged in order for Kenya to
Kenyans’ life, work and play will be digital.        maintain and grow it’s leadership in the African
                                                     and global digital space.

    Tools: The tools provide the environment
through which people can access, use and enjoy            It is the government and people of Kenya’s
the technology in their work, community and          confident viewpoint that Kenya is a leader and
recreational activities. These include services,     not a follower in this realm. We have observed
devices, access and applications. It is the          what this confident attitude has done for Kenya
government’s policy to provide:                      in the world of sports, especially athletics and
                                                     team sports, and we believe that it can have
1. A Digital Identity (Universal Personal            similar a dramatic result in the realm of
   Identifier) for every citizen: for the safe and   technology.
   lawful use of services;                                This policy seeks to promulgate a digital
                                                     culture wherein citizens have a preference for
2. Public Key Infrastructure: To provide for         activities, goods and services that are
   security of transactional data, party             channelled and / or facilitated through
   recognition and contractual validity              technology and where all strata of society
                                                     integrate digital technologies into their lives as
                                                     a natural way of performing all the activities
                                                     necessary for life and happiness. The policy will

Ministry of ICT, Kenya                           16/37                                  November-2019
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