NAIROBI, Kenya – A confidential agreement between the government and private developers behind the E-Citizen platform has revealed loopholes in the system, which millions of Kenyans rely on for essential services, could be taken offline if the contract is terminated.
The revelation emerged during a session of the National Assembly’s Committee on Administration and Internal Security, where lawmakers were presented with the contract documents for the first time.
The agreement, signed on May 25, 2023, indicates that the private firms managing E-Citizen Webmasters Kenya Ltd, Pesa Flow Ltd, and Olive Tree Media Ltd retain ownership of key technical infrastructure and have legal authority to remove it if the deal is cut short.
“In case of termination, in whatever form it occurs, the suppliers have the right to withdraw all proprietary systems, including software and infrastructure, used in the delivery of services,” reads a clause in the agreement.
Moreover, the government would be required to fully indemnify the developers for any fallout, including data loss, service disruption, or unavailability, raising serious accountability and security concerns.
“This contract practically gives the private developers the power to cripple service delivery if the relationship breaks down,” said Homa Bay Town MP Peter Kaluma.
“It’s a dangerous arrangement financially and from a national security perspective,”he added.
Despite disclosures by top government officials claiming full ownership of E-Citizen, lawmakers say the documents paint a different picture.
“The previous Principal Secretary insisted that this platform was government owned. But what we’re seeing now suggests otherwise.Its a misleading narrative,” said Lari MP Mburu Kahangara.
The committee also noted that the contract lacked a critical signatory ,the ICT Principal Secretary, who by law is the accounting officer. Instead, the agreement was signed only by ICT Authority CEO Stanley Kamanguya.
“Why is the PS’s signature missing from such a high stakes contract? It’s unusual and unacceptable,” questioned Vice Chair Dido Raso (Saku).
“Even more worrying, the names of the signatories aren’t printed this isn’t how public contracts of this magnitude should be handled.”
Committee Chair Gabriel Tongoyo expressed frustration that the Ministry of ICT had delayed handing over the contract for more than two months, accusing the department of attempting to shield its contents.
“We’ve asked for this document repeatedly. The delay appears deliberate. Someone clearly didn’t want this deal to come under scrutiny.That in itself is telling,” Tongoyo said.
In response, the committee has launched a formal inquiry into the agreement, with members now pushing for accountability and immediate clarification on how such a critical public platform came under partial private control.
