Document details

Public Participation: An Assessment of Recent ICT Policy Making Processes in Kenya

"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 [...] Generally, the government is yet to put in place a holistic, multi-disciplinary, multi-stakeholder, mechanism for public participation. For example, the Public Participation Bill, 2019 which could provide the framework for effective public participation, has not yet been enacted. Specifically, the three ICT processes were marked by cross-cutting inconsistencies in the interpretation and application of public participation. State agencies failed to: inform the public with objective, baseline research to enable stakeholders to understand the problem or need to be addressed by a process, and solutions proposed; consult stakeholders, and provide them with sufficient time to contribute to public calls for input, or give feedback on the consideration of stakeholder submissions; involve stakeholders to contribute to the processes from the beginning, avail equal opportunities for different stakeholders to contribute to the processes, or avoid duplication of processes; and, collaborate with stakeholders in decision-making to ensure consensus and balancing special interests against stakeholders’ inputs, evidence and facts." (Executive summary)
1 Introduction, 4
2 The Case Studies, 8
The National Information Communications and Technology (ICT) Policy, 2019 -- The Computer Misuse and Cybercrimes Act, 2018 -- The Data Protection Act, 2019
3 Results 18
4 Conclusion and Recommendations, 36