The Legal, Institutional and Regulatory Frameworks Of Information and Communication Technology In Kenya, And Their Conformity to International ICT Sector Best Practice

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ABSTRACT

The ambition of Kenya to house Africa’s first Silicon Savannah by 2017 will impact virtually every segment of the society as it is envisaged to cover all aspects of trade and economics. Great strides are expected to be evidenced in the finance, innovation and investment sectors where it is projected that a vast majority of the people will be affected. As such, notwithstanding the urgent need to carry out an impact assessment of this venture, there is a corresponding need to carry out a forensic audit of the legal, policy and institutional measures that have been already put in place, or which will be put in place, to gauge whether we are in the correct course of effecting the stable and sustainable implementation of this venture. This is to ensure that proper intervention measures are undertaken to mitigate any adverse effects that may result from the said implementation.

As such, this research proposes to offer an examination of the policy and regulatory frameworks which Kenya has employed, will be employing, or should employ. For the advancement of its Information and Communication Technology (ICT) agenda and by so doing, pointing out the negative and positive developments in our current ICT policy and regulatory framework. This research considers the likely impact of both strong or weak policy and regulatory framework. This research considers the likely impact of both strong or weak policy and regulatory frameworks in the attainment of a refurbished Kenyan economy by the actualization of the development of Konza Technology City. Further, it is an investigation for an examination of techno-cities of the best and the emerging information based economies of the world particularly Singapore, Japan, Malaysia South Korea, Sweden, The United Kingdom, The United States and Malaysia, which will provide a comparative assessment of current trends in information technology law and policy development and the best practices from these countries and from the International Telecommunications Union (ITU) as the international ICT framework trend setter and regulator.

This will allow an assessment of Kenya’s legal, Policy and institutional frameworks from the benchmark of successfully implemented frameworks globally, which will enable me to make tangible conclusions and note relevant recommendations on the current ICT frameworks as they sand in Kenya presently.  

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