A parliamentary investigation has been launched into a controversial contract governing the e-Citizen platform that grants developers sweeping powers, including the ability to pull down the system if their contract is terminated without any legal consequences.
Documents seen by reveal that the agreement, signed on May 25, 2023, between the ICT Authority and a consortium comprising Webmasters Kenya Limited, Pesa Flow Limited, and Olive Tree Media Limited, contains alarming clauses. It states that in the event of termination “howsoever occurring,” the developers are entitled to uninstall all proprietary infrastructure and technical resources they deployed, potentially rendering the entire platform inoperable.
Moreover, the contract explicitly exempts the developers from any liability related to loss of data, system downtime, or unavailability of services in such an event. It also stipulates that the government, through the ICT Authority, must fully indemnify the developers from any such claims.
These revelations have sparked concern among MPs, who fear that critical government services could be left exposed. The Administration and Internal Security Committee is probing the deal, particularly questioning why such significant control over national digital infrastructure was handed to private firms without appropriate oversight.
A source close to the probe criticized the structure of the deal, suggesting it was crafted to benefit the developers rather than safeguard public interest. “This is an agreement for webmasters to establish a kind of platform from which they declare what they want. To grasp and take what they want,” the source said.
Notably, the contract bypassed essential signatures from the Attorney General and relevant Principal Secretaries, further raising eyebrows over its legitimacy.
During a parliamentary session, MPs including Homabay Town MP Peter Kaluma and Narok West MP Gabriel Tongoyo expressed frustration over the late submission of crucial documents, leading to a postponement of the probe.
Tongoyo emphasized the importance of a thorough review: “We’ve been asking for this contract for over two months. It’s only fair we give members time to understand it properly.”
As scrutiny intensifies, the government faces pressure to explain how such a deal was approved and what safeguards exist to protect national digital assets.
