The fineprints of ownership
From now, before you start an ICT business – aka startup – in Kenya, you must be willing to cede 30% stake in that venture to Kenyan citizens.
This was stipulated by the Kenyan National Information Communications and Technology Policy Guidelines
2020.
Reporting on the policy, The Standard says:
“..foreign companies will be given three years to meet the local equity ownership threshold, and may apply to the CS for a one-year extension with appropriate acceptable justifications. For listed companies, the equity participation rules will conform to then extant rules of the Capital Markets Authority.”
In the government’s
defence, this policy is geared towards ownership.
A Partech Africa report said that African tech companies raised $2.02 billion in equity in 2019, and $564 million of this went to Kenya; quarter of the whole, and a huge chunk.
Any forward-thinking government will ensure its citizens are benefiting from this new trend. In light of a lot of recent debate around foreign ownership and leadership of Kenya’s tech ecosystem, this is a laudable move.
Or is it really?
While laws like this seem targeted at protecting local industries from foreign ownership, their blanket nature will create more problems for intra-African trade and business relations. Nigeria is one recent example that comes to mind.
Earlier in August, its National Broadcasting Corporation (National Broadcasting Corporation) sought to localise content in what seems like a move that protects local content producers from more powerful foreign competition.
In reality, it was going to hit DStv; a South African player, hardest.
[READ: Nigeria’s new broadcasting code ends content exclusivity and raises fine for hate speech]
When the heart is not at home
Last week, via Twitter, in response to an onslaught of draconian policies from the Nigerian government, entrepreneur and investor Iyin Aboyeji said:
“If only the Nigerian government knew how aggressively
Ghana is courting business in Nigeria to come over and set up, they would calm down and consult widely on their misguided revenue drive.”
Not to take away from his point, personal experience, and the difficulty of Nigeria’s business terrain, that statement isn’t the truest.
Four days after Aboyeji’s tweet, a JoyTV video showed a government taskforce shutting down shops in Accra, belonging to African traders for non-compliance. In the video, some of the traders allege it was a witch-hunt of sorts.
A reliable source confirms to me that this is not unlikely.
The aforementioned examples are not all the same, but point to a trend; generally, it is easier for an African to conduct business outside the continent than in member states. From regulatory stumbling blocks to choking tax regimes and even xenophobic sentiments, it is incredibly hard.
This is obviously a big problem, and it does not look to be easing up.
What does all this mean for one of the most progressive intra-African trade agreements to date?
The realities of AfCFTA
March 2018 – In Kigali Rwanda, African states signed what is tantamount to the world’s second-largest trade agreement, after the World Trade Organisation (WTO) in 1994.