On 9 April 2021, Kenya published a gazette notice that amends
the National Information Communications and Technology
("ICT") Policy Guidelines (the
"Policy"). This notice makes some
significant changes to equity participation requirements in the ICT
sector.
Equity participation requirements
Historically, the Kenyan equity participation requirements have
been subject to various changes over the years. In 2006, the equity
participation requirements in companies providing broadcasting and
telecommunication services was 30%. In 2008, the local equity
participation requirement for firms providing communication
services was reduced to 20% while 30% was retained for broadcasting
companies. The Cabinet Secretary was allowed to exceptionally grant
a waiver within reason and all circumstances in each case.
