Owalo inaugurates team to lead policy, legislative reforms in ICT

ICT Cabinet Secretary Eliud Owalo inaugurated the Information Communication and Digital Economy Sector Working Group on Policy and Legislative Reforms at the Serena Hotel in Nairobi on Friday.

He stated that the technocrats have been carefully selected to lead Kenya in policy, legal, and legislative reform in various areas falling under the ICT sector's mandate.

Owalo also mentioned that the ministry has identified several instruments that require reform due to changing realities.

"We have identified various broad thematic areas within the ministry's mandate that require reform," Owalo explained.

He further noted that the present legal framework has evolved over the past 35 years, with the oldest piece of legislation being the Kenya Broadcasting Act of 1988.

It was followed by the Kenya Information and Communication Act (1988) and the Postal Corporation of Kenya Act (1998).

"Clearly, the law governing the national broadcaster is 35 years old, while the laws governing broadcasting, postal services, telecommunications, and related services are over 25 years old," Owalo stated.

He acknowledged that while there have been significant amendments to some of these laws, more needs to be done.

He said for more than the 25 years that these laws have been in effect, there have been significant changes in technology.

The CS said the changes have affected social interactions, the nature of work, education, finance and business among other aspects of life.

He pointed out that when these laws were enacted, the ICT function did not exist as one of the roles of the Ministry.

Further, he said a host of new technologies have emerged, and many more continue to emerge, that are not sufficiently addressed in law and policy.

"For instance, Artificial Intelligence (AI), cryptocurrency and other digital assets, among other technologies are not specifically regulated in law," Owalo said.

Owalo said the promulgation of the 2010 Constitution of Kenya calls for alignment of all laws and policies to the new constitutional dispensation.

"There have been significant changes in technology over the last 25-30 years in all sub sectors hence the need to update law and policy," he said. 

He said there are also new threats, risks, and challenges; such as cybersecurity threats that need more effective legislation and regulation. 

Additionally, new technologies like Artificial Intelligence (AI) and cryptocurrencies are not specifically regulated by current laws.

Owalo also noted there are more recent Semi-Autonomous Government Agencies (SAGAs) in the Ministry, saying they need more solid legal foundations under Acts of Parliament. 

He said there are also more private-sector players in ICT whose activities need regulation. 

Owalo said the Sector Working Group will examine the existing policy, legislative, institutional, administrative and operational structures, systems and strategies and recommend comprehensive reforms in the sector. 

The team will also identify emerging technologies and other areas that need legal and policy intervention and make appropriate policy and legislative proposals.

"They shall make any other assessment and advise on necessary reforms to enable the Ministry of Information, Communications and the Digital Economy to meet its present mandate and expectations in a fast-changing operational environment," Owalo said. 

The CS said the reforms team will also be expected to draft relevant Bills, draft Policies and Strategy documents.

Owalo said the Sector Working Group shall remain in office for six months adding that he will extend their term if necessary. 

At the end of the six months, Owalo said the Sector Working Group shall submit a report and an implementation matrix. 

They shall also draft policy and legislative proposals.

Among those chosen to lead reforms in the sector are Star Publications Chief Operating Officer Agnes Kalekye and Kenya Editor's Guild President Zubeidah Kananu.

Veteran Editor Tom Mshindi, Government Advertising Agency managing director Michael Okudo and East Africa's Editor's Society executive Director Churchill Otieno were also chosen as members of the reforms committee. 

The ministry said the full list will be gazetted later in the day.