I have to say – personally I cannot think of a worse piece of legislation that I have seen in recent history.
Let us look at the net effects of this and the problems with it:
1. Large companies bring in consultants or external people where necessary to supplement capacity, to train and upskill Kenyan staff etc, while those guys are here, even for a week or two, they are compensated, and my reading of this bill is – this would be illegal – because you’d have to get every consultant you bring in accredited and licensed first – which is impractical in the extreme
2. The list of highly skilled people with 20+ years experience who would not qualify for accreditation under this bill is extensive, globally and within Kenya – this bill completely stops any form of knowledge transfer from those individuals and in fact will force a situation where Kenyan’s who wish to learn from some of the biggest names in the industry would be forced to go internationally to get that knowledge, rather than bringing those people in to train locally
3. It forces Kenyans who have spent years learning and honing their skills without university qualifications out of work and could well result in large scale job losses looking at the number of highly skilled individuals I know of who are working without qualifications
4. It prevents private companies from making what are normal business decisions – who they hire and who they pay. That is problematic in the extreme – in any normal situation if a private company hires staff that don’t perform – those staff either get fired or the market rejects the company and the company disappears – standard market dynamics – in this case – if a company finds extremely talented people they may be forced into a position where they have to hire less skilled people because someone can’t meet some accreditation requirement.
5. The bill has no recognition of prior experience – no recognition of those who have published papers and are world recognized experts – does not specify what the “recognized” universities are – does not take into account industry standard certification (CISSP/CCNA/CCIE/CCDP/JNCIE/JNCIP/JNCIA, the list is endless)
6. May well end up in the constitutional court when it deprives a host of people who have spent their lives working in this industry and have no other options for a career of the ability to earn a living
The bill relies on the belief that a university qualification some how makes you better than those without – it’s reasoning that has been disproved globally for years and years and years – and it flies in the face of the global industry and the way the ICT industry has worked since the day it began. It is damaging to the industry in Kenya – it is damaging to the growth prospects of the economy as a result – it is damaging to the people of Kenya – and it will destroy the position that Kenya is in as one of the leaders of the ICT industry on the continent (Kenya already has the highest average broadband speeds on the continent and significantly better ICT infrastructure than you will find even in South Africa – it is doing so well – why break a system that is proving functional?)
I really hope this does not pass – and if it does – will be curious to see the court challenges and how they play out – but I think this is madness personally – and in the name of stopping a few bad individuals – penalizes the entire country and will destroy an industry that employs thousands.
From: kictanet [mailto:email@example.com] On Behalf Of Liz Wanjiru via kictanet
Sent: 04 December 2017 06:43
To: Andrew Alston <Andrew.Alston@liquidtelecom.com>
Cc: Liz Wanjiru <firstname.lastname@example.org>
Subject: Re: [kictanet] ict practitioners bill is back
While trying to push such laws shouldn’t they be looking at credentialing people without formal ICT schooling but have the experience, knowledge and skills to back them? These people have talent and positively contribute in the industry. Some countries have learning institutions credentialing professionals based on their body of work and so long as they can demonstrate this they are awarded the degrees or other government approved certifications. Here is an example of such
On Mon, Dec 4, 2017 at 3:18 PM, Ahmed Mohamed Maawy via kictanet <email@example.com<mailto:firstname.lastname@example.org>> wrote:
I wonder how some of the ground breaking technology companies – such as for instance Google Kenya, can operate if this bill is passed.
EricKigada: Kenya’s controversial ICT Practitioners Bill 2016 to be tabled in parliament again
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