You have probably used one of the e-government services on offer; be it E-Citizen, iTax, TIMS, EJiji Pay, NHIF and NSSF among others. There is concerted effort by the State to automate its services at both national and county levels. E-government services make it easier to access certain processes. From your handheld device, desktop or laptop you are able for example, to pay for parking, county rates, renew your driver’s license, apply for a passport or check your tax compliance status without much hustle or thought.

Though e-government has improved efficiency, challenges abound in relation to access and use of these platforms. There are incessant complaints by users and potential pitfalls.

From the outset it is important to note that provision and access of government services is in fulfilment of fundamental rights and freedoms as enshrined in the Constitution. To illustrate this, if you are applying for a passport, it is about your constitutional entitlement as a citizen, if you are filing court documents electronically, ideally it goes towards ensuring access to justice and you right to property is meant to be safeguarded if you are transacting land matters online.

A process that is geared towards protecting, promoting and fulfilling fundamental rights and freedoms ought to be clear, simple, certain, seamless, accessible and available for audit.  An analysis of the various e-government platforms reveals that many do not have terms of use and privacy policies. Further, there are no policy statements about the rights a user may have for accessing or using the platforms and there are no indications of a complaints procedure. In fact for some of these platforms the contacts indicated are outdated or simply go unanswered. This begs the question about the efficiency and certainty of these platforms. Is it just a sexy thing for a government department to have an e-platform?

As I have indicated above, e-government is largely about rights, freedoms and access to essential services within a simplified forum. However, there are no policy statements or any legislation that govern e-government. The platforms operate like the wild wide west where no rules are applicable. These are key issues the state must consider for the longevity and certainty of e-government. There is urgent need for legislation to govern e-government. An argument may be made that e-government platforms have been operational and there is no need for any statutory regulations. Why interrupt a system that is already working?

One of the issues such legislation would provide for is privacy and data protection guidelines. How data within e-government is accessed, processed, controlled, stored, corrected, verified and shared must be provided by statutory provisions. Anecdotal evidence out there posits that e-government data is at times available to the highest bidder.

Secondly, legislation would provide for who within a government department would be the accounting officer for the e-platform. As it stands, apart from info emails, customer care desks and telephone numbers that go unanswered, it remains unclear who is really in charge and in control of these platforms. Further on this point, the decision making process including timelines within the platform need to be clear.

Thirdly, accessibility of the platforms is crucial. Legislation would make it mandatory to make the platforms accessible to persons with disabilities. Also, the platforms should be simple enough for all persons to access and use notwithstanding their education level or geographical location.

Fourthly, there ought to be clear guidelines on complaints and dispute resolution mechanisms for issues arising out of use of the said platforms. This goes to the how, when, why and where the complaints by users are made. For dispute resolution, the law would set out a simple and cost effective means to deal with any disputes arising; preferably a process that keeps the courts in abeyance as the users and operators of the platform seek amicable solutions.

Fifth, the law would set out the basic standards for setting up e-government platforms in relation to the hardware and software. It is instructive to note that provision of government services or access to government processes is by and large a national security matter. This means that there should be legal provisions that criminalise any unauthorised or illegal access and use of the platforms, the data from the platforms or generally any interference with the platform.

Sixth, it is important that it is clear whether or not the State may outsource e-governments services. If so, legislation should provide stringent terms and conditions for such an endeavour while outlining the powers of the state in relation to the platform, the rights of users and service providers.

Seventh, the law would make it mandatory for government departments to report and make public breaches and downtime the platforms may experience.

Lastly and most important, legislation regulating e-government would provide minimum standards for all platforms at national and county levels.