Forward-looking ICT policy published

**Updated post**

A special issue of the Kenya Gazette notice number 2431, of The Kenya Communications Act (No.2 of 1998), dated 31 March 2006 set outs the ICT legislative policy environment for the Kenya Information and Communications Bill- 2006, now with the Attorney General pending publishing, discussion and passage in Parliament, and Presidential accent

The published "Information and Communications Technology Sector Policy Guidelines aim to, inter alia, create a new-look Communications Commission of Kenya -a converged Regulator for the entire ICT sector, including broadcasting under a new regulation framework in the converging and competitive environment, and also to manage a universal service fund established to finance ICTs in rural areas and under-served segments.

The Fund will be financed by the operators providing services in the various market segments.

Investors, operators and service providers are expected to participate in the provision of universal service/access; develop a sector with efficiency, credibility, commercial integrity and good corporate governance; provide quality and sustainable service with pluralism of choice to consumers; and keep abreast with and participate in ICTs both regionally internationally.

With the increasing and competing demands for spectrum; market principles will be applied to promote effective use of the radio frequency spectrum, however the Government will ensure that spectrum fees does not become a burden to operators.

Regulations being developed will ensure that telecommunications and networks are robust, resilient, and have adequate security, redundancy and backup arrangements on critical components of the national infrastructure.

Consumers are now legally empowered to demand universally available, affordable, quality services from service providers and to review government consumer-protection policies along
technological changes and consumer trends.

Unlike in the Kenya Communications Act, still in force, where the term "consumer" is mentioned just once, seemingly in passing, in sections 23 and 47, "consumer" and "user" are now mentioned 8 and 18 times respectively in the published policy.

On privacy, for example, fundamental human rights relating to telemedicine and use of IT in health delivery, the government will provide IT facilities in all public health facilities; IT training
to medical staff; set standards and norms for IT in the healthcare system; and legislation governing telemedicine and health information; and establishment of national resource centres
for IT in healthcare.

Diverse stakeholder interests groups are frustrated with the slow enactment process, some even suggesting to demonstrate to the Attorney General offices to demand publishing of this inclusive, non-contentious draft law concluded in June 2005 at Mombasa.

Alex Gakuru