Government not ready to offer fully paperless services, court rules

High Court Judge Lawrence Mugambi. [Collins Kweyu, Standard] The High Court has declined to compel government services go fully paperless. In his judgment, Justice Lawrence Mugambi said it would be unrealistic and too expensive for the country to eliminate manual services immediately. He added that a hybrid system-where those without internet access are served manually while others use online platforms-was more practical. "It is unrealistic to expect instant internet coverage throughout the country given the cost implication. Moreover, I would also think that it is unreasonable to suggest that there should be absolute suspension of government services offered through the internet platform until such a time when the entire country will have been covered," said Justice Mugambi. "As long as both services continue to be rendered to the areas not reached by the internet and to those that have challenges in using the internet, this Court sees nothing wrong with the gradual implementation as given the cost implication, the only way to tap on this revolutionary development is through progressive realisation." The judge was deciding on a case filed by Kituo Cha Sheria and Geoffrey Maina against government agencies offering services through e-Citizen. Mugambi observed that the government had persuaded him that it had made efforts to link the country with fibre optic cable. He said that there was evidence that the ICT ministry had started the process of putting up 100,000 kilometres of fibre within five years and plans were also underway to roll out 25,000 hot spots throughout the country to boost the public's access to the internet and to set up 14,500 digital labs. The government offers at least 22,000 services on e-Citizen from ministries, counties, departments and agencies. In their case, the human rights lobby and the Maina argued that the government was putting the cart before the horse by offering online services without first rolling out ICT infrastructure throughout the country. They stated that following the roll out of Government Vision 2030, government agencies switched their services to the online. According to the petitioners, the move was a disadvantage to majority of the population in Kenya especially those in rural areas and marginalised groups who do not have access to internet or possess the requisite skills to use. They faulted the government for making the transition without educating and training to people to be able to access these services online. According to the two, access to internet in Kenya should be read into the right to life, right to equality and freedom from discrimination, right to human dignity, freedom of expression, right of access to information, freedom of association, consumers rights, access to Justice, and right to fair trial. They asked the court to force the government to ensure that all Kenyans have access to internet for and have those who are either uneducated or marginalised have platforms to assist them get services. Former President Mwai Kibaki on June 10, 2008 launched Vision 2030. The aim was to have the country move into an industrialised middle-income country. The government then rolled out the country's connectivity to the world through, the East African Marine System fibre optic cable in 2009. The court heard that the Kenya National Bureau of Statistics' 2019 population and housing census report indicated that only 11.3 per cent of the rural population have internet access, compared with 39.8 per cent in urban areas. Further, in the rural areas only 4.4 per cent of the population have access to a desktop computer, laptop and tablet.

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