KICTANet Report on ICT Policy processes
This report assesses the extent to which the public participated in three recent ICT policy and law-making processes. These include
the National Information Communications and Technology (ICT) Policy, 2019, the Computer Misuse and Cybercrimes Act, 2018, and the Data
Protection Act, 2019.
While the principle of public participation is listed under Article 10 of the Constitution of Kenya, 2010 as one of the national values and principles of governance, the approach taken by state bodies in the ICT sector to facilitate public participation has been varied. Despite
progress in the past decade, such as the promotion of greater stakeholder engagement, better documentation and information sharing, hosting public county meetings, and making stakeholders’ inputs on publicly accessible platforms, challenges still remain.
The processes have been primarily initiated, dominated and executed by the state and its agents, in its capacity as the primary duty-bearer. However, while decisionmaking powers may rest with the government, there is an onus placed on the government to facilitate public participation.