This document provides an overview of Kenya's legal and regulatory framework for the ICT sector. It discusses the historical background of reforms since 1996 that liberalized the sector. The key laws that established regulatory bodies and defined their mandates are the 1998 Kenya Communications Act and its subsequent amendments. The Act established the Communications Authority of Kenya (CCK) to regulate telecommunications, broadcasting, and other communications. It outlines CCK's responsibilities and achievements in developing regulations, licensing operators, promoting competition and consumer protection, and expanding access and infrastructure in the sector. The document also proposes further interventions needed from the Ministry of ICT to support CCK's regulatory role.

1. OVERVIEW OF THE LEGAL
AND REGULATORY
FRAMEWORK FOR THE ICT
SECTOR IN KENYA
Enabling Development in the ICT Sector

2. HISTORICAL BACKGROUND

3. Road to ICT Sector Reform
• Government’s Reform agenda between 1996-98 for the
liberalization and restructuring of the communications
sector i.e.:
– Restructuring; separation of postal and
telecommunications services;
– Offloading 30% shares of KPTC to a strategic investor and
public flotation;
– joint ventures for cellular phone networks;
– liberalization of pay-phones and VSATs
– Strategic plan for the expansion and modernization of
sector up to the year 2015
– Substantive amendments to the legislative framework in
1999, 2001 and 2006

4. Road to ICT Sector Reform – the Law
The 1998 Kenya Communications Act
• Established CCK to regulate and license telecommunications,
radio communications & postal services.
• This was later amended in 2009 and 2013 to include
regulation and licensing of broadcasting and e-transactions,
promotion of cyber security and oversight of the
implementation of universal service obligations.
• Established National Communications Secretariat (NCS) to
advise govt. on policy matters
• Established Communications Appeals Tribunal-to arbitrate in
disputes arising under the Act
• By default, liberalized the provision of communications
services

5. Mandate of the CA
Licensing and regulating telecommunications, radio communications
systems, broadcasting, postal and courier services and electronic
content service providers in the communications industry
Managing the Countries Frequency spectrum and numbering resources
Facilitating development of electronic transactions and cyber security
Type approving communications equipment for use in the Country

6. Mandate of the CA Cont…
Protecting consumer rights within the communications
environment;
Managing competition in the sector to ensure a level
playing ground;
Regulating tariffs, particularly wholesale tariffs) for
communications services;
Managing the Universal service Fund;
Monitoring compliance with the Act and taking
enforcement action against those who breach the Act

7. Regulatory Framework
- The Constitution
- KICA
- Licence Terms
and Conditions
-Sector Regulations
and Guidelines
– Sector Policy
- International
obligations e.g.RRs
- Industry and
Stakeholder
engagement
- Collaboration with
other regulators and
partners
Scope
• All matters provided for
under KICA, including
telecommunications,
radio communications,
broadcasting, postal
and courier,
competition, universal
service, consumer
protection, e-
transactions and cyber
security

8. KICA Regulations 2009/10

9. Key Achievements
2013-2018Strategic
Plan
Enactment of KICA, 2013
Digital Migration and Analogue Switch Off
Migration of government agencies from broadband
spectrum
Adoption of the modified Licence Framework
Renewal of the Safaricom Licence
Licensing of MVNOs, BSDs and TV Broadcasters

10. Cont.
2013-2018StrategicPlan
Installation of RSMS and RFID monitoring tools
Establishment of the National KE-CIRT and NPKI Framework
Publication of the Registration of SIM-Cards Regulations
Rebranding
Launch and implementation of consumer protection forums such as ICT
Week and KIKAO KIKUU
Launch of the Child Online Protection Initiative

11. Cont.
2013-2018StrategicPlan
Reduction of call rates in the East African Region – ONA and EAC
Effective participation in international policy making forums eg ITU
PP/WCIT/WRC/CTO
Greater Participation in regional bodies and activities such as EACO/ATU/ITU
Regional Office
Entering into Strategic Partnerships
Increased cell-phone penetration and uptake of mobile telephony and
associated services
Commissioning of the Access Gap Study/the DTT Cost Study/Postal and Courier
Market Study

12. Ongoing regulatory Activities
Developmen
t of 15 sets
of
regulations
Developmen
t of the KICA
Amendment
Act 2015
Defence of
court cases
and
mitigation of
risks against
the
Authority
Developmen
t/ Review of
legislation
and
regulation to
address
cybercrime
and promote
cyber
security
Undertake
training of
50 judicial
officers on
KICA

13. Ongoing regulatory Activities
Issuance of
4G/LTE
frequencies
in 800 MHz
band
Operationali
zation of
4G/LTE
capacity
sharing
amongst
licensed
operators
Publication
and
implementat
ion of
competitive
and modern
spectrum
transfer and
pricing
guidelines
Issuance of
spectrum
fee waivers
for operators
in un-served
and under-
served areas
Implementat
ion of the
spectrum
managemen
t and
monitoring
system

14. Cont.
Issuance of
4G/LTE
frequencies
in 800 MHz
band
Operationali
zation of
4G/LTE
capacity
sharing
amongst
licensed
operators
Publication
and
implementat
ion of
competitive
and modern
spectrum
transfer and
pricing
guidelines
Issuance of
spectrum
fee waivers
for operators
in un-served
and under-
served areas
Implementat
ion of the
spectrum
managemen
t and
monitoring
system

15. Cont.
Improve
ICT
contributi
on to GDP
Increase
mobile
telephony
penetratio
n
Increase
internet
and
broadban
d
penetratio
n
Continue
with the
implemen
tation of
USF
activities
Renewal
of the
Aitel
licence
Consumer
Sensitizati
on
Forums
such as
KIKAO
KIKUU
and COP

16. Cont.
Commission
a
competition
study of the
telecommun
ications
market
Operationali
ze and
implement a
robust
broadband
framework
Transition
broadcasting
permit
holders to
licences
Consumer
Sensitization
Forums such
as KIKAO
KIKUU and
COP
Organization
al Culture
change

17. Desired intervention from MoICT
1. Fast tracking the publication of the 10 sets of regulations
submitted to the AG
2. Facilitating interaction with other agencies on cross cutting
issues such as the ongoing development/review of legislation to
combat crime and the proposed training of judicial and law
enforcement officers by ITU
3. Promote greater understanding of ex-ante regulation of
dominance among cabinet members and legislators
4. Engagement with NCA on the double registration of
telecommunications operators and high levies imposed on
telecommunications works
5. Enhancing the Authority’s independence e.g. through the
Authority having powers to make regulations and independently
regulate competition ex-ante