"The specific role of the [Council] shall be to advise the government and all [concerned parties] on matters relating to the development and implementation, monitoring and evaluation strategies and plans to accelerate the process of transforming Kenya into an [ICT-enabled] information-based society," a new draft policy document says.

It has been crafted by the Communications Commission of Kenya, Institute of Computer Science at the University of Nairobi, National Security Intelligence Services, Telkom Kenya, United Nations Economic Commission for Africa, National Communications Secretariat; Central Bank of Kenya; KenCell Communications; Kenya Power and Lighting Company; Ministries of Finance, Foreign Affairs, Agriculture, Tourism and Information.

The Council shall operate independently of the e-Government Service Office - also to be set up under the new policy - which will be based in the Office of the President.

The document is the most comprehensive ever to be written on the management of ICT policy issues, and says the Council shall set up national structures and working groups to spearhead initiatives.

It will work closely with the National Economic and Social Council - launched by President Mwai Kibaki during the recent investment conference - for policy coordination.

There has been quite some growth of ICT, as manifested in the base of internet service providers, and the number of internet users, which has increased to over 500,000. Sixteen out of 72 registered providers are active; the software market is expected to reach US$80 million by the end of 2020; and the financial software, dominated by banking packages, is the most popular, followed by manufacturing and office automation software.

There are plans to install an integrated Service Digital Network (ISDN) switch in Nairobi and Mombasa to increase the service available to ISPs.

Although the document says that possibilities are being explored to have a very small aperture terminal (VSAT) communications network in the East African region, bureaucrats have already been quoted saying that there is no hurry to free this area of communications.

Setting the legal and regulatory framework will be important as internet criminals around the world are more clever and aggressive. "Any country that has inadequate cyber law is essentially offering a safe haven for cyber criminals to act with impunity," the document says.

To enhance electronic commerce, the policy proposes allowing electronic transactions and digital signatures based on the United Nations Commission on International Trade Law model on e-commerce, adopted by the UN General Assembly in December 2020.

It proposes amendments of several laws including;

The Penal Code and the Evidence Act to allow electronic documents, signatures and records to be admissible as evidence in courts of law.

The Official Secrets Act to recognise electronic documents and signatures.

The Penal Code to allow prosecution on computer-related crimes, enhance data access rights, allow use of smart card technologies.

The copyright laws to enhance protection of intellectual property rights.

It further proposes to facilitate electronic collection and dissemination of information by government, such as an electronic Kenya Gazette as a complement to the printed edition and the enhancement of standardisation on hardware and software.

A group - representatives of the state, civil society organisations and the private sector - met last week to propose revisions to the draft document.

Industry insiders say it fails to adequately address the liberalisation of the telecommunication sector.

"Various interested parties have been discussing the draft this week [last week] and the recommendation was that we should even forget having a second national operator and instead free the telecommunications sector as a whole," said Mr Sammy Buruchara, the chairman of the Telecommunications Services Providers of Kenya, which has been a participant in the deliberations that led to the recommendations for the revision.

As industry players try to build a consensus, it has realised the importance of involving MPs who will be involved in discussions of policy or the passage of any bills that touch on ICT in the august house. The MPs have this week been invited to a meeting to discuss the role of ICT in the economy and job creation.

Also invited to the meeting are representatives of donor organisations, the civil society and private sector organisations that have a substantial stake in ICT.

"We want MPs to be able to see ICT issues in perspective and this should begin by having them properly informed on the industry," Mr Buruchara said.

Source: AllAfrica.com