Our laws should be friendly to ICT innovators

Economic success from the beginning of the 21st century is hinged on how countries — including Kenya — innovate, adopt and utilise Information and communications technology (ICT) infrastructure.

As countries embrace these changes and rapid growth in ICT infrastructure, an ecosystem is being created as countries are becoming more interdependent.

These has created and opened up a myriad of opportunities for leveraging the economies that positively affect the lives of citizens. This is what is referred to as “intelligent connectivity”.

According to the "Global Connectivity Index" report of 2019 presented by China’s Huawei Technologies Company, Kenya has immense potential in innovation, adoption and use of the ICT infrastructure that is being developed.

Though the report regards Kenya as being in the nascent stage, it is appreciated that we are on the right path towards achieving growth that is sustainable and appraisable.

INTELLIGENT CONNECTIVITY

The question is, how fast can Kenya leverage its strengths, potential and international partnerships to be part of this ecosystem?

This has to be built around intelligent connectivity, creating space for innovation and adoption of products that arise from investments in the ICT infrastructure.

First, policymakers should appreciate the potential that intelligent connectivity has for citizens of the wider ecosystem.

They also must understand the position Kenya is in now in the ecosystem and then develop policies, laws and strategies that will enhance and maximise the use of intelligent connectivity.

They also ought to understand the capacities of the end user in terms of literacy levels and savvy.

An understanding of the above will help craft a path that is efficient, result-oriented and adoptive in ensuring that citizens benefit from this global phenomenon.

Secondly, it is important to develop a legal framework through legislation that will ensure that players in this space, especially innovators, are motivated and encouraged and their work protected.

LEGISLATION

In Kenya, enactment of legislation and regulations has by and large been a reactive process rather than a proactive one.

A mischief is committed when those concerned rush to enact laws to cover the continuation of the mischief by which time the perpetrators of the mischief have already derived unjustified benefits to the disadvantage of other players.

However, with the kind of growth being experienced and expected in the field of intelligent connectivity, we have made significant steps in enacting legislation.

First, the enactment of the 2013 Science, Technology and Innovation Act, whose objective is to facilitate the promotion, co-ordination and regulation of the progress of science, technology and innovation, is a significant step.

It is also meant to assign priority to the development of science, technology and innovation and to entrench these in the national production system and for connected purposes.

The Act establishes the National Research Fund, which is allocated two per cent of the Gross Domestic Product every financial year.

E-COMMERCE

The objectives of the fund include facilitating research for the advancement of science, technology and innovation, developing appropriate human resource and research capacity in the areas, financial support for acquiring or establishing research facilities.

There is also the 2015 Kenya Information and Communication Act, whose objective, among others, is to facilitate the development of electronic commerce.

Electronic commerce is one of the directly affected facets of life by intelligent connectivity.

Kenya stands at an advantageous position as we have already taken a leap towards setting the ground for innovation and growth in the intelligent connectivity world.

We should make conscious efforts in taking our rightful place in the ecosystem.

The writer is an advocate of the High Court of Kenya; [email protected]