Safe and Responsible Digital Transformation (KE0033)

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

Action Plan Review

Commitment 2. Digital Governance

Commitment 2: Digital Governance
[Ministry of ICT and Digital Economy, Executive Office of the President, Local Development Research Institute.]

For a complete description, see Commitment 2 in Kenya’s 2023–2027 Action Plan.

Context and objectives

Kenya aims to become a digital powerhouse in Africa. The government’s ambitious digital transformation aspirations are outlined in the 2022–2023 National Digital Master Plan, ^[19] which builds on Vision 2030 National ICT Policy launched in 2020 ^[20] and the Digital Economy Blueprint launched in 2019. ^[21] This commitment aims to complement the master plan by incorporating transparency, inclusivity, and citizen participation into digital governance reforms. Kenya identified digital governance as a priority policy area as government co-chair of the global OGP Steering Committee. In this role, Kenya convened government and civil society from 12 countries at a digital governance workshop in Nairobi in March 2024. [22]

This commitment takes a broad two-fold approach. First, it aims to continue advancing the government’s digital transformation and ensure that marginalised groups are not left behind as government services and participation mechanisms move online. Second, this commitment aims to establish a framework for inclusive, safe, and responsible governance of emerging technology, focusing on artificial intelligence (AI). According to a lead civil society implementer, this commitment’s objective is to establish inclusive, safe, and responsible secure digital transformation mechanisms; increase public trust through policy; and safeguard human rights and freedoms in the provision of digital services. [23] At the launch of the fifth OGP action plan in September 2024, President William Ruto highlighted the government’s intention to curb misuse of AI, particularly regarding the spread of mis/disinformation. [24]

Potential for results: Substantial

The Government of Kenya seeks to use this action plan to rebuild trust with citizens through concrete reforms. [25] This commitment could advance that aim if milestones that protect Kenyans’ constitutional rights—participation in government decision-making, access to information, and freedom of expression—are prioritised. If fully implemented, this commitment could strengthen the ability for Kenyans to engage the government through digital platforms. It also has the potential to protect Kenyans’ rights and data privacy in the face of increasing use of AI and other emerging technologies. Continued political support, resources, and collaboration will be essential to ensure that the wide-ranging activities are achieved.

This commitment’s stated objective in the action plan is to reduce the digital divide between marginalised Kenyans and increasingly virtual public and private sectors. The milestones focus on strengthening the governance of emerging technology while a work plan outlines actors and activities to reduce the digital divide. [26] Altogether, the commitment and work plan have a substantial potential for results.

This commitment takes place within the context of Kenya’s ongoing public and private sector digital transformation efforts. The government is in the process of digitising 20 thousand government services on the e-citizen platform and introduction of digital identification. [27] While ambitious, Kenya’s Digital Masterplan lacks clear guidelines on how the marginalised quarters of the society (such as women, rural residents, people with disabilities, and the elderly) will be included, ^[28] which leaves them exposed to exclusion risk as the government migrates services online. ^[29] In this vein, the Government of Kenya and the United Nations Development Programme (UNDP) signed a memorandum in 2023 to accelerate inclusive digital transformation. ^[30]

Huduma Kenya, a department within the Ministry of Public Service Performance and Delivery Management, was invited as a central member of the implementing cluster to help address the digital divide. Huduma Kenya Centres are one-stop shops for government services. Implementers are considering how these centres can improve equal access to digital government services and give Kenyans access to digital services they cannot access on personal devices. Implementers are also exploring how the centres can support Kenyans’ digital rights and participation. [31]

The Local Development Research Institute (LDRI) and partners have started developing guidelines for public engagement to be included in a forthcoming digital governance policy. [32] In partnership with the Public Participation Cluster, implementers aim to establish feedback channels, such as chatbots and portals, for the public to give input on government services by December 2025. Plans also include establishing a platform for citizens to track the implementation of participatory digital governance. The ability for citizens to give feedback on public services is intended to be operationalised through Huduma Centres and provisions in the draft Public Participation Bill. [33]

Reformers aim for the draft bill to reflect the nuances and needs of online public participation through Milestone 5. ^[34] Implementers will submit a memorandum to parliament to request language that reflects online engagement. This includes safeguarding human rights, avoiding internet shutdowns, and protecting the fundamental freedoms of speech, privacy, association, and safety online. In addition, the Commission on Administrative Justice seeks to ensure that the government responds to digital public input. This includes guidelines on appropriate times for ministries, departments, and agencies (MDAs) to respond to public feedback as reflected in their service charters. [35] Implementers are also considering creating digital response tools such as chatbots and feedback portals. [36]

Under Milestone 2, the government commits to create a multi-stakeholder forum for dialogue on digital economy and transformation. Planned activities include defining the forum’s mandate and composition from relevant ministries, independent bodies, parliament, Council of Governors, Huduma Secretariat, and an equal number of non-state representatives from academia, private sector, and civil society. The workplan includes the appointment and gazettement of members and creation of a coordinating mechanism. [37] It also calls for the creation of a community of practice to facilitate knowledge-sharing on digital governance best practices. [38]

The work plan includes activities to build civil servants’ capacity to provide digital services and use emerging technologies. This includes assessing capacity and training needs, developing a curriculum on topics like data protection, cybersecurity, and digital literacy, and implementing learning programs including master’s degree, short courses, and workshops. [39] At the time of writing, Strathmore University and development partners were creating training curriculum for civil servants, including a master’s degree, to strengthen government capacity on data protection and responsible digital service provision. [40]

The second pillar of this commitment is to ensure safe, responsible and inclusive governance of priority emerging technologies such as AI, blockchain, cryptocurrency, and internet of things. This commitment specifically focuses on the risks and concerns related to AI development and deployment. [41] To date, Kenya has already made headway through an Emerging Technology and AI Strategy Framework [42] as well as a draft AI Code of Practice. [43]

Under this commitment, the government aims to launch an Emerging Technologies Institute and Lab (Milestone 1) intended as a hub for experimentation, development, and update of emerging technologies in Kenya. [44] This goal was identified at Kenya’s Innovation Week in January 2023 in support of the 10-year innovation master plan. [45] The institute will develop and document emerging technologies use-cases to solve development challenges such as climate, health, agriculture (Milestone 4). It will also convene dialogues and work with different stakeholders to research AI safety including how to safeguard human rights, data privacy, and mitigate bias as well as provide guidelines for the public sector on emerging technologies. [46] The lab will be hosted at the Konza Technopolis—a technological hub and city currently under construction in Makueni County— [47] which received an initial investment of USD 1 billion from Microsoft and the G42. [48] Reformers, including members of civil society and the academia, are encouraged to use the inclusion of this reform in the action plan to facilitate multi-stakeholder implementation.

The Ministry for ICT and Digital Economy also commits to developing guidelines on safe, secure, and responsible development and use of emerging technologies (Milestone 3). The ministry will develop these guidelines based on a report from the ICT Reforms Sector and Digital Economy Working Group that details recommendations to improve Kenya’s digital governance strategies. [49]

The work plan outlines preparatory steps such as mapping digital government services, initiatives, mandates, systems, and infrastructures across government in a report as well as documenting best practices for digital governance frameworks and coordinating mechanisms. [50] This will culminate in a Digital Governance Policy developed by December 2026, which addresses areas such as data governance, cybersecurity, digital identity, digital service delivery, digital inclusion, and emerging technologies. [51]

Opportunities, challenges, and recommendations during implementation

This wide-ranging commitment will require strong political support to implement elements with the greatest potential to open government to citizens. Political support will be needed to select, gazette, and convene task forces and working groups; resource, draft, and approve the unified digital governance policy; and develop and implement citizen engagement portals and guidelines. This commitment benefits from strong civil society and private sector support and brought new actors into Kenya’s OGP process. [52]

The LDRI has received financial support to convene implementation cluster meetings and produce supporting knowledge products over the first five months. However, the AI Research Director from LDRI notes that additional financial and human resources from the government will be needed to implement the commitment over the next few years. [53] As implementers carry the reform forward, the IRM recommends that reformers consider: