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NATIONAL INFORMATION TECHNOLOGY
ACT, 2008 ACT 771
ARRANGEMENT OF SECTIONS
National Information Technology
Agency
1. Establishment of the National
Information Technology Agency.
2. Object of the Agency.
3. Functions of the Agency.
4. Governing body of the Agency.
5. Tenure of office of members.
6. Meetings of the Board.
7. Disclosure of interest.
8. Duties and liability of
members.
9. Declaration of registrable
interests.
10. Code of conduct.
11. Establishment of committees.
12. Allowances.
Administrative Provisions
13. Divisions of the Agency.
14. Regional and district
offices of the Agency.
15. Ministerial directives.
16. Director-General.
17. Deputy Director-General.
18. Secretary.
19. Register.
20. Appointment of other staff.
Financial Provisions
21. Funds of the Agency.
22. Expenses of the Agency.
23. Accounts and audit.
24. Annual report and other
reports.
25. Budget estimates.
26. Tax exemption.
Miscellaneous Provisions
27. Offences.
28. Regulations.
29. Interpretation.
Schedule Requirements for Annual
Report
ACT 771
NATIONAL INFORMATION TECHNOLOGY
ACT, 20081(1)
AN ACT to establish the National
Information Technology Agency to
regulate information
communications technology and to
provide for related purposes.
National Information Technology
Agency
1. Establishment of the National
Information Technology Agency
(1) There is established by this
Act, a body to be known as the
National Information Technology
Agency.
(2) The Agency is a body
corporate with perpetual
succession and a common seal and
may sue and be
sued in its corporate name.
(3) The Agency may for the
performance of its functions
acquire and hold movable and
immovable
property and may enter into a
contract or any other
transaction.
(4) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Agency under the State Property
and Contracts Act, 1960 (C.A.6)
or the State Lands Act, 1962
(Act 125)
and the Agency shall bear the
cost.
2. Object of the Agency
The object of the Agency is to
regulate the provision of
information communications
technology,
ensure the provision of quality
information communications
technology, promote standards of
efficiency
and ensure high quality of
service.
3. Functions of the Agency
(1) For the purpose of achieving
its object, the Agency shall
(a) perform the functions of the
certifying Agency established
under the Electronic
Transactions
Act, 2008 (Act 772);
(b) implement and monitor the
national information
communications technology
policy;
(c) issue licences under this
Act and ensure fair competition
among licence holders;
(d) implement and enforce the
provisions of this Act, the
Electronic Transactions Act,
2008 (Act
772) and regulations made under
the Act;
(e) resolve matters that involve
domain names between the Domain
Name Registrar under the
Electronic Transactions Act in
accordance with the provisions
of this Act;
(f) monitor, enforce and ensure
effective compliance with
conditions contained in licences
and
tariffs;
(g) maintain registers of
licences and applications for
licences;
(h) maintain registers for
approvals given for equipment
under the Electronic
Transactions Act,
2008 (Act 772);
(i) provide access to registers
for licences, applications for
licences and approvals for
equipment
except where commercial
confidentiality does not allow
for access;
(j) collect fees and other
charges to be paid to the Agency
under this Act;
(k) investigate and resolve
disputes between licence holders
under the Electronic
Transactions
Act referred to the Agency by
licence holders;
(l) investigate complaints by
users who fail to obtain redress
from a licence holder;
(m) carry out investigations on
the conduct of persons at the
Agency’s own initiative or at
the
request of another person to
determine whether any person is
engaging in acts contrary to the
provisions of this Act;
(n) establish quality of service
indicators and reporting
requirements that apply to
licence
holders under the Electronic
Transactions Act;
(o) ensure the systematic
implementation of national
information communications
technology
policy;
(p) issue and publish on their
website and in the Gazette the
necessary guidelines and
standards;
(q) obtain from persons the
necessary information for the
performance of its functions;
(r) carry out investigations and
determine complaints that
involve anti-competitive,
price-fixing
and unfair trade practices by
persons under the Electronic
Transactions Act;
(s) formulate the strategy of
the Agency;
(t) ensure that the policy
directions given by the Minister
are implemented;
(u) ensure high standards of
propriety within the Agency;
(v) promote efficiency and
effective use of resources and
staff of the Agency;
(w) establish the policy and
resource framework for the
operations and the overall
strategic
direction of the Agency;
(x) ensure that the principles
of good corporate governance are
complied with; and
(y) perform any other functions
that are necessary to attain the
objects of the Agency.
(2) In discharging its
functions, the Agency shall take
into account the following:
(a) any principle that
regulatory activities should be
transparent, accountable,
proportionate,
consistent and targeted only at
cases in which action is needed;
(b) any other principle that
represents best regulatory
practice;
(c) the protection of the
interests of consumers under the
Electronic Transactions Act,
2008 (Act
772) as regards the choice,
price, quality of service and
value for money;
(d) the needs of persons who are
physically challenged, elderly
and those on low incomes;
(e) the opinions of consumers
and of members of the public
generally; and
(f) the different interests of
persons living in rural and
urban areas.
4. Governing body of the Agency
(1) The governing body of the
Agency is a Board consisting, of
(a) the chairperson,
(b) the Director-General
appointed under section 16 of
this Act,
(c) one representative of the
National Security Council,
(d) one person with experience
and expertise in information
communication technology issues,
(e) three other persons with
knowledge or expertise in
electronic engineering, law,
economics,
business or public
administration and at least one
of whom is a woman,
(f) one representative of the
Ministry not below the rank of a
director, and
(g) one representative from the
industry.
(2) The members of the Board
shall be appointed by the
President in accordance with
article 70 of the
Constitution.
(3) The Board shall ensure the
proper and effective performance
of the functions of the Agency.
5. Tenure of office of members
(1) A member of the Board other
than the Director-General shall
hold office for a period of not
more
than three years and is eligible
for reappointment but a member
shall not be appointed for more
than two
terms.
(2) A member of the Board may at
any time resign from office in
writing addressed to the
President
through the Minister.
(3) A member of the Board, other
than the Director-General of the
Agency absent from three
consecutive meetings of the
Board without sufficient cause
ceases to be a member of the
Board.
(4) The President may by letter
addressed to a member revoke the
appointment of that member.
(5) Where a member of the Board
is, for a sufficient reason,
unable to act as a member, the
Minister
shall determine whether the
inability would result in the
declaration of a vacancy.
(6) Where there is a vacancy
(a) under subsection (2), (3) or
(4) or section 7 (2), or
(b) as a result of a declaration
under subsection (5), or
(c) by reason of the death of a
member,
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the
vacancy.
6. Meetings of the Board
(1) The Board shall meet at
least once every three months
for the despatch of business at
the times and
in the places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the
Board convene an extra-ordinary
meeting of the Board at the
place and time determined by the
chairperson.
(3) The quorum at a meeting of
the Board is four members or a
greater number determined by the
Board in respect of an important
matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, a
member of the Board elected by
the members present from among
their number shall preside.
(5) Matters before the Board
shall be decided by a majority
of the members present and
voting and in
the event of an equality of
votes, the person presiding
shall have a casting vote.
(6) The Board may co-opt a
person to attend a Board meeting
but that person shall not vote
on a
matter for decision at the
meeting.
(7) The proceedings of the Board
shall not be invalidated by
reason of a vacancy among the
members
or a defect in the appointment
or qualification of a member.
(8) Subject to this section, the
Board may determine the
procedure for its meetings.
7. Disclosure of interest
(1) A member of the Board who
has an interest in a matter for
consideration by the Board shall
disclose in writing the nature
of that interest and is
disqualified from participating
in the deliberations of
the Board in respect of that
matter.
(2) A member who contravenes
subsection (1) ceases to be a
member.
8. Duties and liability of
members
(1) The duties of directors
contained in Part Q of Chapter
II of the Companies Act, 1963
(Act 179)
shall apply to members of the
Board.
(2) A member of the Board is not
personally liable for damage or
injury to a third party that
arises in
the execution of an official
duty of that member, if the
member at all material times
acted in good faith.
9. Declaration of registrable
interests
(1) Each member of the Board,
shall
(a) submit to the Agency a
written declaration that
includes details of that members
shareholdings, debentures or
other, interests in a company
whether directly or indirectly
owned by the member, public and
charitable appointments as well
as directorships held by
the member,
(b) inform the Agency of any
change in respect of that
member’s shareholdings,
debentures or
other interests in a company,
whether directly or indirectly
owned by the member, public and
charitable appointments as well
as directorships held by the
member, and
not knowingly make a false
declaration.
(2) A member of the Board who
contravenes subsection (1)
ceases to be a member of the
Board.
10. Code of conduct
(1) The Board shall compile and
publish within one year after
the commencement of this Act, a
code
of conduct for the Agency.
(2) The code of conduct shall
among others provide for
disciplinary and ethical
matters.
(3) The Board may revise the
code of conduct to take account
of changing regulatory
objectives.
11. Establishment of committees
(1) The Board may establish
committees or advisory bodies
consisting of members of the
Board or
non-members or both to perform a
function of the Board.
(2) A committee composed
exclusively of non-members may
only advise the Board.
12. Allowances
Members of the Board and members
of a committee of the Board
shall be paid the allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
Administrative Provisions
13. Divisions of the Agency
(1) The Board shall establish
divisions of the Agency for the
effective and efficient
discharge of the
functions of the Agency.
(2) A regional or district
office of the Agency shall
perform the functions of the
Agency in the region
or district that the Board may
direct.
(3) The President shall, in
accordance with article 195 of
the Constitution, appoint
officers for a
regional or district office of
the Agency.
14. Regional and district
offices of the Agency
(1) The Board may establish
regional and district offices of
the Agency as determined by the
Board.
(2) The President shall in
accordance with article 195 of
the Constitution appoint
officers for a
regional or district office of
the Agency.
(3) A regional or district
office of the Agency shall
perform the functions of the
Agency in the region
or district that the Board may
direct.
15. Ministerial directives
The Minister may give directives
to the Board on matters of
policy and the Board shall
comply.
16. Director-General
(1) The President shall in
accordance with article 195 of
the Constitution appoint a
Director-General
who shall be the Chief Executive
of the Agency.
(2) The Director-General is
responsible for the day-to-day
administration of the affairs of
the Agency
and is answerable to the Board
in the performance of the
functions under this Act.
(3) The Director-General shall
hold office on the terms and
conditions specified in the
letter of
appointment.
(4) The Director-General shall
hold office for a period of not
more than four years and is
eligible for
re-appointment.
(5) The Director-General may
delegate a function to the
Deputy Director-General or an
officer of the
Agency but is not relieved from
the ultimate responsibility for
the performance of the delegated
function.
17. Deputy Director-General
(1) The President shall in
accordance with article 195 of
the Constitution, appoint a
Deputy
Director-General of the Agency.
(2) The Deputy Director-General
shall act in the absence of the
Director-General.
(3) The Deputy Director-General
shall be assigned other
responsibilities as the Board
may determine.
18. Secretary
The President shall in
accordance with article 195 of
the Constitution appoint a
secretary who is to
(a) facilitate the smooth
operation of the decision-making
and reporting machinery of the
Agency;
(b) formulate agenda for
meetings with the chairperson
and the Director-General;
(c) advise the Board on
(i) content,
(ii) organisation of memoranda,
or
(iii) presentations for Board
meetings;
(d) collect, organise and
distribute information,
documents or other papers
required for meetings
of the Board, and
(e) ensure record minutes at
meetings and that all books
containing minutes are
maintained with
certified copies of the minutes.
19. Register
(1) The Director-General shall
cause to be kept and maintained
a Register in which shall be
recorded
details of
(a) licences,
(b) licence applications, and
(c) equipment approvals,
(d) any shareholdings and
debentures owned by a member of
the Board,
(e) other financial interests a
member of the Board has in a
corporate body,
(f) the public and charitable
appointments and directorships
of a member, and
(g) any other matter required to
be registered.
(2) The Register shall be
publicly accessible, in both
physical and electronic form.
(3) The Register shall be open
to the public for physical
inspection during normal working
hours and
subject to the payment of the
prescribed fee.
(4) A person may
(a) make a copy of the content
of the Register; or
(b) take an extract from the
Register at the fee that the
Agency may determine.
20. Appointment of other staff
(1) The President shall in
accordance with article 195 of
the Constitution appoint other
staff of the
Agency that are necessary for
the proper and effective
performance of its functions.
(2) Other public officers may be
transferred or seconded to the
Agency or may otherwise give
assistance to it.
(3) The Agency may engage the
services of consultants and
advisers on the recommendations
of the
Board.
(4) The terms and conditions of
members of staff shall be
decided in consultation with the
Public
Services Commission.
(5) The Agency shall advertise
staff vacancies in the media.
Financial Provisions
21. Funds of the Agency
(1) The Funds of the Agency
include
(a) fees and charges payable
under this Act or the Electronic
Transactions Act, (Act 772),
(b) moneys provided by
Parliament,
(c) donations, grants and gifts,
and
(d) income derived from the
investment of the funds of the
Agency.
(2) The Board shall with the
approval of the Controller and
Accountant-General open a bank
account
into which shall be paid moneys
received by the Agency.
22. Expenses of the Agency
(1) The expenses of the Agency
shall be paid from fees charged
by the Agency.
(2) Where after having defrayed
the outstanding expenses, the
Agency has an excess amount, the
Agency shall transfer that
amount to the Consolidated Fund
unless the Minister for Finance
in
consultation with the Minister
approves the retention by the
Agency of a part or the whole of
that excess
amount.
23. Accounts and audit
(1) The Board shall keep books
of account and proper records in
relation to them in the form
approved by the Auditor-General.
(2) The Board shall submit the
accounts of the Agency to the
Auditor-General for audit within
six
months after the end of the
financial year.
(3) The Auditor-General shall
not later than three months
after the receipt of the
accounts, audit the
accounts and forward a copy of
the audit report to the
Minister.
(4) The Internal Audit Agency
Act, 2003 (Act 658) shall apply
to this Act.
(5) The financial year of the
Agency is the same as the
financial year of the
Government.
24. Annual report and other
reports
(1) The Board shall within one
month after the receipt of the
audit report submit an annual
report to
the Minister covering the
activities and the operations of
the Agency for the year to which
the report
relates.
(2) The annual report shall
include the report of the
Auditor-General.
(3) The report shall be in the
form and contain the information
set out in the Schedule of this
Act.
(4) The Minister shall within
one month after the receipt of
the annual report submit the
report to
Parliament with a statement that
the Minister considers
necessary.
(5) The Board shall also submit
to the Minister any other
reports which the Minister may
require in
writing.
25. Budget estimates
The Board shall submit a budget
for the operations of the Agency
for the following year to
Parliament
for approval through the
Minister within three months
after the commencement of the
financial year.
26. Tax exemption
The Agency is exempted from the
payment of any taxes.
Miscellaneous Provisions
27. Offences
A person who
(a) makes a false declaration in
an application for a licence,
(b) makes a false declaration in
an application for registration
of a licence,
(c) wilfully destroys or damages
a register kept under this Act
commits an offence and is liable
on summary conviction to a fine
of not more than five hundred
penalty
units or to a term of
imprisonment of not more than
two years or to both and in the
case of a continuing
offence to a further fine of ten
penalty units for each day
during which the offence
continues after written
notice has been served on the
offender by the Agency.
28. Regulations
The Minister may, on the advice
of the Board by legislative
instrument make Regulations to
(a) prescribe fees chargeable
under this Act,
(b) provide for forms for
applications,
(c) prescribe requirements for
licences and approvals for
equipment,
(d) prescribe procedures for the
conduct of investigations and
determination of complaints,
(e) provide procedures for the
systematic implementation of a
national information
communications technology
policy,
(f) provide for the issue of
guidelines and standards to
ensure quality of service
standards, and
(g) provide for any matter
necessary for the effective
implementation of the provisions
of this
Act.
29. Interpretation
(1)
In this Act unless the context
otherwise requires,
“Agency” means the National
Information Technology Agency
established under section 1;
“Board” means governing board of
the Agency;
“chairperson” means the
chairperson of the Board;
“customer” includes a customer
or consumer receiving service
from an entity issued with a
licence
by the Agency;
“domain name” means a name that
identifies one or more Internet
Protocol addresses;
“enactment” means this Act and
regulations made under it;
“information technology” means
information communications
technology;
“Internet protocol address”
means an identifier for a
computer or device on a network
Transmission Control Protocol or
Internet Protocol;
“Minister” means the Minister
responsible for Communications;
“Ministry” means the Ministry of
Communications;
“prescribed” means provided for
in regulations made under this
Act;
“registrable interest” means an
interest required to be
registered in accordance with
this Act; and
“Transmission Control Protocol”
means the suit of communications
protocols used to connect
hosts on the Internet.
(2) In this Act unless the
context otherwise requires,
words and expressions defined in
the Electronic
Transactions Act have the same
meaning in this Act.
Schedule
Requirements for Annual Report
[Section 24 (3)]
Ref. Part of Report
Description
1 Table of contents
2 Index
3 Glossary
4 Contact officer(s)
5 Internet home page address and
Internet address for
report
6 Review by the Board Review by
the board
6.1
Overview description of Agency
6.2
Role and functions Summary of
significant issues and
development
6.3
Organisational structure
6.4
Overview of the Agency’s
performance and financial
results
6.5
Significant issues and
development
6.6
Outlook for following year
7
Report on Performance Review of
performance during the year in
relation to
outputs and contribution to
outcomes
7.1
Actual performance in relation
to performance targets
set in the preceding year
7.2
Where performance targets differ
from those set in the
preceding year details of both
former and new targets,
and reasons for the change
7.3
Narrative discussion and
analysis of performance
7.4
Trend information
7.5
Factors, events or trends
influencing the Agency’s
performance
7.6
Significant changes in nature of
principal
functions/services
7.7
Performance against service
charter, customer service
standards, complaints data, and
the Agency’s response
to complaints
7.8
Social justice and equity
impacts
7.9
Discussion and analysis of the
Agency’s financial
performance
7.10
Discussion of any significant
changes from the prior
year or from budget
7.11
Summary of resource tables by
outcomes
7.12
Developments since the end of
the financial year that
have affected or may
significantly affect the
Agency’s
operations or financial results
in future
8 Licences and Authorisations
Applications for licences
received and number of
licences granted and names of
beneficiaries, licence
revoked or suspended
9 Numbers issued
10 Fees collected
11 Management Accountability
12 Corporate Governance
Statement of the main corporate
governance practices
in place
13.1
Names of the senior executives
and their
responsibilities
p
13.2
13.3
Senior management committees and
their roles
Board Committees established or
in existence and their
roles
13.4
13.5
13.6
13.7
Corporate and operational
planning and associated
performance reporting and review
Approach adopted to identifying
areas of significant
financial or operational risk
and arrangements in place
to manage risks
Certification of fraud measures
in place
How nature and amount of
remuneration for senior
13.8
14
14.1
External Scrutiny
executive service employees is
determined
Any change in code of conduct
for directors
Significant developments in
external scrutiny
Judicial decisions and decisions
of the Appellate
Tribunal
14.2
15 Management of Human
Resources
Reports by the Auditor-General,
Parliamentary
Committee or other competent
government body
Assessment of effectiveness in
managing and
developing human resources to
achieve, staff turnover
and retention
15.1
15.2
15.3
15.4
15.5
15.6
16
17
18
18.1
18.2
Purchasing
Assets management
Consultancy
Competitive
Tendering and
Contracting
Workforce planning, staff
turnover and retention
Training and development
undertaken and their impact
Occupational health and safety
performance
Productivity gains
Statistics on staffing
Performance pay
Assessment of purchasing against
core policies and
principles
Assessment of effectiveness of
assets management
Number and nature of consultancy
services and
contracts and total expenditure
on consultancy services
Competitive tendering and
contracting contracts
awarded, their outcomes
For all contracts, indication of
how the provisions of
the Public Procurement Act were
followed
19
20
Providing access to people
with disabilities
Financial Statements
Report on performance in
implementing the Disability
Strategy or ensuring compliance
with the Persons with
Disability Act, 2006 (Act 715)
21 Other Information Audited
Financial Statements
21.1
21.2
Occupational health and safety
Freedom of information
21.3
21.4
Advertising and market research
Ecologically sustainable
development and
environmental performance
Research sponsored and effect
Human resource capacity holding
initiatives and
outcomes
22
22.1
Other Discretionary grants
Correction of material errors in
previous annual report
Endnotes
1 (Popup - Footnote)
1. This Act was assented to on
11th December, 2008 and notified
in the Gazette on 19th December,
2008.
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