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Kenya

Safe and Responsible Digital Transformation (KE0033)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2023-2027 (December)

Action Plan Cycle: 2023

Status:

Institutions

Lead Institution: -Ministry of ICT and Digital Economy -Executive Office of the President

Support Institution(s): Government: -Konza Technopolis -ICT Authority -Cabinet Affairs office -Ministry of Foreign Affairs -APNAC -Kenya Chapter -Commission on Administrative Justice (CAJ) |Ombudsman Civil Society: -Development Gateway, - Paradigm Initiative, -Pollicy -KICTANet -CIPIT- Strathmore University -International Centre for Not-forProfit Law (ICNL) -Lawyers Hub -Katiba Institute -Local Development Research Institute -Mzalendo Trust -ARTICLE 19 -CEMIRIDE -National Assembly and Senate (ICT committee)-Microsoft, IBM Research-Amazon, GIZ Digital Transformation Centre-UNDP ACTlab-FCDOUK

Policy Areas

Automated Decision-Making, Capacity Building, Civic Space, Democratizing Decision-Making, Digital Governance, Digital Participation, Digital Transformation, Freedom of Expression, Gender, Human Rights, Inclusion, Legislation, Online Civic Space, Public Participation

IRM Review

IRM Report: Kenya Action Plan Review 2023-2027

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): High

Implementation i

Completion: Pending IRM Review

Description

Brief Description of the Commitment

The Commitment seeks to promote ethical, safe, inclusive, responsible and human rights-centered digital transformation and services to citizens through meaningful participation. The commitment aims to establish inclusive, safe, and responsible secure digital transformation mechanisms, develop public trust through policy, and safeguard human rights and freedoms in the provision of digital services.

Problem Definition

The commitment primarily aims to address exclusion in digital services and the digital divide. This policy problem is of significant relevance to the Kenyan national context because, as services continue to transition into the digital realm, there is a looming risk that certain segments of the population may be left behind. This digital exclusion could perpetuate historical inequalities and further marginalize vulnerable groups within the country. As of January 2023, there were 17.86 million internet users in Kenya with internet penetration at 32.7 percent. Kenya has 10.55 million social media equating to 19.3 per cent of the total population. Also, the country recorded 63.94 million cellular mobile connections equivalent to 117.2 percent of the total population. There are also 32.1 million feature phones and 30.7 smartphones. As part of digital transformation efforts, the government has launched 5,000 services on its eCitizen platform, with an ambition of 12,000 by the end of 2023. While these digital systems are complimented by in-person services, the rapid pace of change of technology, means that those who require services enabled by technology will not be assured of good quality or efficient services. The commitment, therefore, aims to address the issue of exclusion of a majority of people, especially women, youth, persons with disability and marginalized communities from Kenya's ongoing digital transformation journey, which is particularly relevant to the country as services become increasingly digital. This exclusion could further limit their access to digital services and exacerbate existing opportunity disparities. The issue is taking place nationwide and has likely persisted as digital transformation efforts have not always factored in their needs and the digital divide. It is crucial to address this ongoing problem to ensure equitable participation in the digital age while reducing historical inequalities. These complex challenges to Kenya's digital transformation journey highlights the urgent need to revise and augment the existing policy framework, foster a broader understanding of digital technology's transformative potential, address financial dependencies, and implement inclusive digital governance measures. Additionally, Kenya must navigate the intricate landscape of emerging technologies, ensure safety and security, promote public trust, and advocate for a global governance system that aligns with the rapid pace of technological advancement. These multifaceted issues demand innovative, participatory and multistakeholder approaches to digital governance to propel Kenya toward a more inclusive and prosperous digital future.

What are the causes of the problem?

Kenya grapples with several challenges on its path toward achieving inclusive digital governance. The existing policy environment lacks a strong focus on inclusivity, impeding equitable access of citizens to digital opportunities and services, particularly within a technologically advanced service delivery framework. This issue is exacerbated by the fragmented approach policy implementation and in the design, adoption, and utilization of technology, along with a limited capacity on the understanding and implementation of digital technologies as enablers for development. Moreover, rising cyber threats and the impact of emerging technologies such as Artificial Intelligence (AI) raise valid concerns related to safety and security, and could potentially impact public trust in digital systems. Furthermore, existing governance structures at both the national, regional and global levels grapple with the task of adapting to the fast pace of technological change. Decision-makers are also stuck to traditional, linear thinking on policy and decision-making matters, which may not align with the disruptive non-linear forces of innovation or becoming too engrossed in immediate concerns, which may hinder their ability to strategically address the transformative dynamics shaping our future. Also, while access to the internet and digital devices is increasing, the country has a growing digital divide that could widen digital exclusion.

Commitment Description

In 2022, the Kenyan Government initiated a 10-year digital master plan with the goal of enhancing citizen access through digital technologies. This encompassed various initiatives like fiber connectivity, ICT hubs, free Wi-Fi, and digital skills training. Simultaneously, the government undertook the digitization of 12,000 services to boost efficiency and minimize bias. To keep pace with rapid technological changes, a working group on policy and legislative reforms was formed within the Ministry of Information and the Digital Economy in September 2023. This group is working towards ensuring a flexible regulatory environment that fosters innovation while upholding essential safeguards. These efforts are expected to yield positive outcomes by reducing issues such as bribery through decreased human interaction and the adoption of digital payments. Additionally, they have improved accessibility by reducing the distance to service points. However, one challenge remains: achieving inclusivity in the service design.

Proposed Solutions

Intervention I: Establish a coordination mechanism for digital transformation (Multi Stakeholder, inclusive and independent from government)
Intervention II: Develop data governance frameworks and guidelines to inform safe ,secure and responsible digital transformation
Intervention III: Support the development of a policy on safe, secure and responsible adoption and use of digital technologies such as Emerging Technologies and Artificial Intelligence (Ai) to increase public trust.
Intervention IV: Contribute to the development of the Public Participation Bill, 2023 on safeguarding of human rights and fundamental freedoms online (freedom of speech, privacy, association and safety, internet shutdowns, etc.)
Intervention V: Enhance open channels for meaningful citizen engagement and feedback on digital services and policies, allowing citizens to voice their concerns and needs.

Desired Results

 A well-coordinated, inclusive, responsive mechanism for digital transformation  Framework and guidelines developed for safe and secure use of emerging technologies, and recommendations reflected in policies and laws  Safe, secure and responsible adoption and use of digital technologies  Increased public trust in the adoption and use of digital technologies.  Enhanced public participation and respect for human rights and fundamental freedoms online  An empowered and engaged citizenry, leveraging accurate information within a digital environment that ensures online rights, safety, and freedoms.  Enhanced public trust as a result of delivering citizen-centric digital services that address the genuine needs and concerns of citizens.

Commitment Analysis

1. How will the commitment promote transparency? - The guidelines and the law will provide clear rules of public engagement and principles that safeguard citizens. - Accessibility of information will promote transparency and accountability. - Adoption of digital platforms will expand access and quality to government services, while reducing opportunities for corruption.

2. How will commitment help foster accountability? - The multistakeholder approach in the mechanism provides a platform where relevant actors can be held accountable - The open channels for engagement provide a mechanism for feedback and engagement - The guidelines, laws and policies institutionalize the accountability frameworks.

3. How will commitment improve citizen participation in defining, implementing, and monitoring solutions? - The multistakeholder approach in the mechanism provides a platform for various stakeholders to engage and participate in digital governance processes. - The open channels for engagement provide a mechanism for feedback and engagement - The guidelines, laws and policies institutionalize the public participation model.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

1 Multistakeholder Emerging Technologies Institute and Lab established to guide development of usecases ensuring inclusivity, safety and security | Announcement and Launch of the Institute with different stakeholders, with signed Letter of Intent (LoI) with commitments to principles of inclusivity, safe and secure development and deployment of Emerging Tech (especially Artificial Intelligence). | March 2024

1. Multistakeholder mechanism for dialogue on digital economy and transformation established | Establishment of a diverse and inclusive digital transformation mechanism, w | August 2024

2. Guidelines for safe, secure and responsible emerging technology development and use and developed. | Report on the sector working group for ICT and Digital Economy reforms produced with specific policy recommendations on these guidelines | March 2024

3. Increased use and adoption of safe, secure and responsible digital technologies | Development and documentation of usecases around use of emerging technologies through a risk-based approach, to solve development challenges – climate, health, agriculture that includes safeguard around human rights (bias) and data privacy. | December 2027

4. Public Participation Law reflecting nuances of use of technology in citizen engagement. | Memorandum submitted by OGP Participating organizations reflecting language for online citizen engagement. Creation of response mechanisms for online citizen engagement and feedback mechanisms, including guidelines on response times to be reflected on the service charters of Ministries, Departments and Agencies (MDAs) | December 2026


Commitments

Open Government Partnership