While the African Continental Free Trade Area Agreement (AfCFTA) had a slow start due to its implementation occurring during the first year of Covid, looking ahead it offers a massive opportunity for Kenya’s technology sector, say Catherine Kariuki Mulika and Janet Othero.
“We don’t talk about AfCFTA a lot yet, but what it promises to realise is out of this world,” said Catherine, Head of Telecommunications, Media & Technology (TMT) at TripleOKLaw Advocates. “It brings down trade barriers and brings about regional integration,” she added.
Catherine and Janet, another partner in the TMT group at TripleOKLaw, believe that, given Kenya’s status as an innovation hub in Africa, the Kenyan government should take the lead.
Kenya’s TMT sector has flourished since privatisation in the early 2000s, they said, particularly following the launch of mobile money pioneer M-PESA in 2007. But the sector is also thriving due to the attitude and agility of the government and regulator. Licensing fees were invested in capacity building and innovation in marginalised areas, bridging gaps in coverage and providing great conditions for the germination and growth of start-ups. Technology is a key pillar of government strategy and vision, contributing to market growth.
“We see so many opportunities because we have many organisations big enough to expand across the region, but our region comes with its own set of challenges and nuances,” Catherine pointed out. “For example, if you want to expand into nine countries, you’re looking at nine different data protection laws and regulators to deal with. Ideally, we’ll have one central place when it comes to data protection compliance.”
The African Union being made a permanent member of the G20 in September 2023 will also be a game-changer, strengthening Africa’s voice on global issues. With their cross-border expertise and their physical base in the “Silicon Savannah” of Kenya’s technology ecosystem, TripleOKLaw is ideally placed to help clients navigate this brave new world, says Janet.
“We’ve acted from innovation and start-up level where a business was just an idea, through scaling up and creating companies that could operate with any others in their sector,” Janet explained. “We’ve acted on tech collaborations as well as acquisitions, and have the benefit of dealing with government agencies on digitisation and digital strategy, and also advising established companies on digital transformation and changes in business strategy to remain competitive.”
The TripleOKLaw team takes a proactive approach for clients and with the government, said Catherine, looking to global best practices and advising on strategy, not just narrow legal questions.
However, as Kenya and Africa look ahead to regional growth and the lifting of trade barriers, Janet notes that the perception of digital businesses and services does need to shift.
“The risk perception of fintech ventures as opposed to traditional businesses is still not something that’s well understood, especially in Africa,” she said. “Many do not appreciate the monetary value that IP represents because they’re stuck on traditional, physical assets. There needs to be a change in outlook from traditional lenders and regulators.”
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