The Information, Communication and Technology (ICT) programme is an ICT practice that conducts consulting, advisory, research, training, publishing, and mentoring in ICT law in Kenya specifically and Africa generally. Over the past 20 years, the global and national economies have rapidly evolved into information economies, serious implications on various aspects of the law. The ICT programme at IL, in conjunction with the Intellectual Property Programme, is fashioned to meet the need for specialized legal expertise in various aspects of information, communication and technology.

The ICT programme also provides various services related to the acquisition, sale, operation and management of a broad spectrum of ICTs in e-commerce, telecommunications, transfer of technology, etc. It also offers advisory services in legislative and policy drafting and analysis of ICT law and policy. The programme also has undertaken various consultancies in ICT Law, including impact assessment on ICT laws, regulations and policies; monitoring and evaluation of ICT law and policies in Kenya, drafting and analysis of ICT legislation etc.

Some of the services we offer are:
• Legal audits of ICT infrastructure in diverse businesses, e.g. e-commerce, telecommunications, broadcasting, etc;
• Legal audits of e-commerce infrastructure, websites and website development;
• Legal advisory, drafting and facilitation in software development and transactions, including licensing, assignment, outsourcing, technology transfer and other diverse agreements;
• Legal audits and advisory services in risk management, due diligence and compliance with ICT laws;
• acquisition of domain names and domain names disputes;
• Legal advisory and facilitation in acquisition and investment in ICT start-ups.

Innovative Lawyering and its associates have been contracted by government of Kenya agencies such as the Ministry of Information and Communication, the Directorate of e-government (Office of the President), and the Ministry of Planning and National Development, with regard to formulation of law and policy on e-government and e-commerce, and also the Kenya Power and Lighting Company (KPLC) on legal framework for deployment of internet broadband over power lines. It has also been contracted by other international bodies such as the United Nations Development Programme (UNDP), the International Development Research Consortium (IDRC). IL and its associates were also contracted by the Seychelles government to advise on formulation of law and policy for e-commerce in Seychelles.

List of publications Discussion Papers, Conference Papers and Related Researches under the ICT programme:

1. Ben Sihanya (2007) “Intellectual Property and E-learning in Kenya.” A paper presented at the 2nd International Conference on ICT for Development, Education and Training, Safari Park Hotel, Nairobi on 28-30 May 2007.

2. Ben Sihanya (2006) “Freedom of Expression and Access to Information in Kenya” a presentation at a Workshop on the Freedom of Expression of the Media organised by the International Commission of Jurists-Kenya at Sports Man Hotel in Nanyuki, May 13th 2006

3. Ben Sihanya (2003) “Policy-making and law-making in ICT and Intellectual Property in Kenya,” and “Intellectual property in the context of ICT in Kenya;” presentations at the training workshop of Kenya Civil Society World Summit on Information Society (WSIS) Caucus (Arid Lands Information Network (EA)), Kenya School of Monetary Studies, Nairobi, Nov 17, 2003.

4. Ben Sihanya (1997) “Implications of the Kenya Communications Bill, 1997 for the Media,” Paper presented at the Friedrich Ebert Stiftung’s (FES) Workshop on Media and the Law: Informing the Law Making Process, Fairview Hotel, Nairobi (May 5, 1997).

5. L. Mute & B. Sihanya (1997) Code of Conduct for Community Broadcasting Sample Code of Conduct for KCOMNET, Nairobi, April; Presented (with Lawrence Mute) the policy document, Code of Conduct, and the Bill on Community Broadcasting to the national Task Force on Media Law (prepared as consultancy reports for KCOMNET) (April 24, 1997).

6. Ben Sihanya (1995) “Technological Convergence and Regulatory Dilemmas in Kenya: The case of multimedia systems in Development,” Paper presented at the First National Conference on IT, KICC, Nairobi, November 29-December 1 (1995).

7. Ben Sihanya (1995) “Technology Transfer in the development process in Kenya: Issues in regulation and competition law,” LL.M. research paper for the University of Warwick (1995)

Selected Papers and Reports

1. Ben Sihanya (1999) “Developing IT law in Kenya: Intellectual Property Perspectives,” Paper presented at the Institute of Nuclear Science Workshop on IT, Nairobi, August 17, 1999.

2. Ben Sihanya (1995) “Regulating and Transferring Telecommunications Technology in Kenya: Corporate Responses to Development Challenges,” LL.M. thesis, University of Warwick (1995).

3. Ben Sihanya (2005) “Outstanding issues in the Draft Broadcasting Treaty: An African Perspective” presentation in the Regional Consultation for African Countries on the Rights of Broadcasting Organisations held on May 17, 2005 at Safari Park Hotel, Nairobi.

4. Ben Sihanya (2005) “Self-regulation of the media in Kenya: Issues in ICT and Media Policy and Law,” presentation to a workshop by the Media Council, Nairobi Safari Club Hotel, Nairobi, April 9, 2005.

5. Ben Sihanya (20053) “Media Law and Policy in the context of Kenya’s Draft ICT policy,” presentation to a workshop by the Media Council, African Regional Centre for Computing (ARCC), the ICT Consortium Africa, and the ICT Policy Centre and other stakeholders, Sponsored by the Kenya ICT Federation (KIF), Catalysing Access to ICTs in Africa (CATIA), Association of Progressive Communication (APC), Kenya Civil Society Caucus for the World Summit on the Information Society & Telecommunications Providers of Kenya, Silver Springs Hotel, Nairobi, March 8, 2005.

6. Ben Sihanya (2005) “Reforming the Draft ICT policy: ICT regulation in the context of Kenya’s policy-making,” presentation to the 2nd Annual Kenya National ICT Convention …Safari Park Hotel, March 9, 2005 (March 8-9).

7. Ben Sihanya “Infotainment and cyber law in Africa: regulatory benchmarks for the 21st Century,” in Vol. 10 No. 2 Transnational Law & Contemporary Problems 583-640 (Iowa Law College Special Symposium).

Book Chapters

1. Dr Ben Sihanya with Prof James Otieno Odek, “Regulating and mainstreaming ICT in Kenya for socio-economic and cultural development,” in Mainstreaming ICT in Kenya: Research perspectives from Kenya. Published under the auspices of the Ministry of Planning and National Development, peer reviewed and edited by Dr George Odera Outa and Dr Joe Rodrigues of the School of Information and Computing

1. Ben Sihanya (1997) “Regulating Internet business in Kenya,” Chapter in Prof H. R. Mgombelo & Mr M.C.M. Werner (eds.) (1997) Telecommunications for Business in Africa IOS Press, Amsterdam, pp.125-42.