This document provides an overview of Kenya's policy and regulatory framework for the information and communication technology (ICT) sector. It discusses the historical background of reforms to liberalize and restructure the telecommunications sector beginning in 1996. Key events included separating postal and telecom services, privatization, and liberalization of pay phones and satellite services. The 1998 Kenya Communications Act established the regulatory body CCK and provisions for licensing. Subsequent laws and regulations in 2009-2010 and 2013 expanded CCK's mandate and introduced governance reforms to increase independence and oversight of the universal service fund.

1. OVERVIEW OF THE POLICY
,LEGAL AND REGULATORY
FRAMEWORK

2. HISTORICAL BACKGROUND

3. Road to ICT Sector Reform
• Amongst Government’s Reform agenda between
1996-98 was liberalization and restructuring
of the telecommunications sector i.e.:
– separation of postal and telecommunications
services;
– selling of 30% shares to a strategic investor
and public flotation;
– joint ventures for cellular phone; and
– liberalization of pay-phones and VSAT

4. Road to ICT Sector Reform Cont..
• In January 1997, the Ministry of Transport
and Communications published the Postal
and Telecommunications Policy
Statement that provided:
– roadmap for restructuring (split of
KP&TC)and liberalization of sector.
– Orderly expansion and modernization
of sector up to the year 2015
• Subsequent amendments in 1999, 2001 and
2006

5. Road to ICT Sector Reform – the Law
• 1998 Kenya Communications Act
• Established CCK to regulate and license
telecommunications, radio communications &
postal services
• Provisions on licensing procedures
• General provisions on telecom, radio com & postal
services + offences
• Established National Communications Secretariat
(NCS) to advise govt. on policy
• Established Communications Appeals Tribunal-to
arbitrate in disputes arising under the Act

6. Mandate of the CCK
Licensing and regulating telecommunications, radio
communications systems and postal services in
communications industry
Managing the Countries Frequency spectrum and
numbering resources
Facilitate development of e-commerce
Type approving communications equipment for use in the
Country

7. Mandate of the CCK Cont…
Protecting consumer rights within the communications
environment;
Managing competition in the sector to ensure a level
playing ground;
Regulating retail and wholesale tariffs for
communications services;
Managing the Universal service Fund;
Monitoring compliance with the Act.

8. Regulatory Framework
Regulations made in
2001
Industry
consultation
Covers
• telecommunications services,
• radio-communication (other than
radio-communication restricted
to receiving of public
broadcasting);
• radiation of elector-magnetic
energy;
• resistance to interference; and
• postal services.

9. New Mandate -KCAA No. 1 Of 2009

10. KICA Regulations 2009/10
• KCR 2001-one consolidated document on
various areas
• Reviewed in 2009/2010 to bring up to date
with technological developments and changes
in the policy and law.
• Separate Regulations for each area

11. KICA Regulations 2009/10

12. INFORMATION AND COMMUNICATION
(AMENDMENT) ACT 2013
Rationale For Changes
• Informed by the spirit of Articles 34 and 35 of
the Constitution 2010.
• Technological advancement and convergence in
the ICT sector
• Growth in ICTs and competition in the sector

13. 1. GOVERNANCE STRUCTURE
a) New Body
• CCK renamed to Communications
Authority of Kenya.
• The Authority unveiled its new brand identity
on 24th June 2014.

14. b) Independence of the Authority
• The new law amends section 5 A by
providing independence of the Authority from
control of Government, political and
commercial interests save for policy
guidelines from the Ministry of ICT
• The Authority is expected to adhere to
National values and principles of governance
under Article 10 and 232 of the Constitution
in the discharge of its mandate.

15. c) Board of Directors
• Establishes a Board consisting of a Chairperson
and 10 members.
• It sets out an eligibility criteria, qualifications
and elaborate appointing and removal
procedures for the Board members.
• New Board of Directors already appointed
under the new dispensation.

16. 2. REGULATIONS
a) SIM card Registration
The new law:
• provides for detailed procedures for sale and
registration of SIM cards by operators and
their agents.
• introduces responsibilities of
telecommunication subscribers including
reporting loss of SIM cards or change in
identification details

17. 6. UNIVERSE SERVICE OBLIGATIONS
• One of the key mandates of the Authority is to
ensure access to ICT services in unserved and
underserved areas.
• USF is established and its administration is
vested on the Authority , which was to be assisted
in this regard by the USAC.
• USAC’ s role is to advise the Authority on the
administration of the Fund. The composition of
members of USAC was enhanced to nine from
seven and new appointment procedures set out.

18. • Independence infused in the USAC through
elaborate appointment procedures
• Submission of quarterly reports to the Board on
the discharge of its functions
7.Universal service -contd