So far the discussion of the policy revolves around a 65-page document that is available online on www.information.go.ke. As expected the document kicks off with a vision and mission. The vision is “to create an e-enabled and knowledge-based society by the year 2015.” The mission follows immediately. And it reads: “To use information and communication technology to improve the livelihoods of the people of Kenya and to optimize its contribution to the development of the economy by ensuring the availability of efficient, reliable and affordable info-communication services throughout the country.”

While both the vision and the mission sound noble it is the actualization of the same that is wanting. Three weeks ago, the Kenyan ICT community were holed up in a Nairobi hotel trying to fine tune the policy document not just for now but for posterity purposes. As the members who were drawn from all the sectors involved were hammering out the loose ends of the document, the minister in charge of information and communications, Raphael Tuju sent home the entire Board of Directors of Communications Commission of Kenya (CCK) together with its Director General.
For starters CCK is the like the nerve center of the country’s ICT life line. CCK is the regulator and enforcer of the Kenya’s ICT issues. The ministers action drew a lot of anger not just from the Kenyan ICT community but throughout the world.
A strongly worded press release from the Ghanaian Internet community players circulated widely via e-mail throughout the internet took issue with Tuju’s interference with the smooth running of CCK:

“The Ghana Internet Service Providers Association (GISPA) is of the view that the recent action by the Minister of Information and Communication of the Republic of Kenya is not only a bridge of due process but a sabotage not only to the Kenyan but Africa economy as a whole. We therefore join our comrades in the African Internet Service Providers Association to utterly condemn this action and treat it with the contempt it deserves.

“The action of the Minister begs the question “is Africa a stable environment for investment” and this is more emphatic given that the minister took this decision at a critical time of ICT sector liberalization in Kenya. Currently over 100 companies await the processing of their licenses in order to establish business, employ Kenyans and bring communications facilities and services to the economy, all this is halted by the ministers action.

“The Communication Commission of Kenya (CCK) has grown to become a beacon of hope for the regulatory institutions that we are building for this sector and hence the Director Generals appointment to the Chairman of the ITU Council. His forward looking and visionary regulatory approach has attracted a lot of investment into the Kenya economy but the action of the Minister is a sure deterrent for the already existing investment and future ones. This confirms recent finding that the attraction of investment into the ICT sector has being largely determined by the regulatory independence and transparency of such institutions.

“We are of the view that the activities in Kenya are distorting the entire ICT sector in Africa and could have repetitive effects on the other sectors given that ICT is cross sectoral. This also sends a message out there that governments in Africa are still disruptive and do not adhere to due process. We therefore join our comrades to not only condemn this action but demand a re-instatement of the board and DG of the CCK. The minister should resort to due process if he has a problem with the dealings of the CCK.”

Indeed the anger that was generated by the minister’s action culminated into a bad ending and unwarranted publicity for the ICT policy formulation meeting. This action by the minister underscored one salient facet. It seriously undermined the level of political backing needed to make this process a reality. To make matters worse, the minister who was scheduled to close the ICT Policy meeting failed to do so. To date opinion is still divided as to why the minister decided to send home the CCK Board and Director General. This uneasy feeling of unsettled nerves coupled with an uncertain environment go against the spirit of universal access and inclusivity which are key to national ICT policy making framework.

The minister’s action revealed that the government is yet to make up its mind on how and what kind of ICT policy the country needs. Instead of building on the little that is currently in place the government dealt a severe blow to the already existing regulatory framework.

Right from the word go, the National ICT policy formulation process has not been easy. If anything its been a rocky path. At the start of the policy making process the government was accused of excluding the general public and key industry players. It later softened its stance and opened its doors to civil society groups and private sector players to have their say. While this move is welcome, the truth of the matter is that the wider general public have been excluded from the policy making process. A spot check with the common man in Nairobi street, let alone women groups in rural areas and small scale farmers in far-flung regions, reveals that, few Kenyans are aware that as at present there is a process known as “National ICT Policy Formulation” progression taking place. To this end the government, the civil society and the media must all shoulder the blame for not letting Kenyans know about it.

The ignorance of such a process on the part of citizens, simply means, that there isn’t enough consultation on the draft policy and as such the policy is half-baked. This is a betrayal of trust on Kenyans. Apparently the ministry pushing the ICT Draft is the same one charged with overseeing media and controls to a large extent, the State broadcaster, KBC (Kenya Broadcasting Corporation) and the well developed (in terms of network) Kenya News Agency (KNA). One wonders, even if the government can ignore private media houses why isn’t it using its own resources to publicise the policy process? Who gains by excluding Kenyans?

In the policy document issues such e-government; universal access; local content; intellectual property rights; telecommunications liberalization; broadband services; infrastructure; postal services; broadcasting; radio frequency spectrum; market structure and information technology are all addressed. Issues that are very central to the media gobble up a cool 10% of the entire document. These include signal distribution; broadcast licensing procedures; equity participation and control content regulation; public/private and community broadcasting services; and even regulation. With such critical and pertinent issues being addressed by the policy document which in the final run will affect the general performance of the media, why are the players (media) silent?

Away from the media another essential portion of the document is that of access, competition (especially in this era of liberalization) and investments. The document touches on these facets in a haphazard manner, with broad generalities.

“The government expects the private sector to play an important role in meeting the universal access targets through increased investments. In order to promote investments in areas deemed to be un-economic, the government will consider giving necessary incentives to the investors.” This is what the draft policy states. On the ground the truth of the matter is that the government is up to this moment still sitting on hundreds of applicants seeking licensing to operate, FM/Community radios, TV stations; ISPs; and other ICT related concerns. Again, another classic example, stated in the policy is that the government intends to have all secondary schools connected to the internet by 2007. It is common knowledge that a majority of rural schools in Kenya lack a constant, reliable and convenient power supply. How then will this target be met?

Small wonder then that Mike Eldon the chairman of the Computer Society of Kenya termed the Draft Policy as “too vague and too general.” To fully realize a policy that is devoid of partisanship, the government must realize that universal access to the Kenyan people is a right not a privilege. And, that for any meaningful progress to take place, information is vital. To this end Noah Samara’s, (founder of World Space) sentiments make good points to ponder. He said: “Look behind the wealth of nations and you find information; look behind the poverty of nations and you find lack of information. For sustainable development, civil society and intellectual production, information is truly the need for every need.”
Hope someone in government is listening.