Removal of Local Equity Participation for Tech Companies

Requirement for companies providing ICT services as to have at least thirty per cent (30%) substantive Kenyan ownership removed.

News 30 Aug 2023

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On 18 August 2023, the Cabinet Secretary for Information, Communications and Digital Economy published in the Kenya Gazette an amendment to The National Information Communications and Technology (ICT) Policy Guidelines, 2020 (the ICT Guidelines) by removing the requirement for companies providing ICT services as to have at least thirty per cent (30%) substantive Kenyan ownership.

As mentioned in our previous analysis of the ICT Guidelines, the term ICT services remains undefined and continues to be within regulator determination however businesses that fall within the regulatory purview of the Kenya Information and Communications (Broadcasting) Regulations, 2009 and the Kenya Information and Communications (Licensing and Quality of Service) Regulations, 2010 are now exempt from the local shareholding requirements.

For further information please contact Samuel Kisuu or your relationship partner at Africa Law Partners.