The Communications Authority of Kenya (CA) has issued a firm directive to landlords, property managers, and public institutions, warning them against denying or restricting access to licensed telecommunication service providers within their premises.
In a public notice, the Authority raised concerns over increasing cases where some entities or individuals are either limiting access or favouring certain providers, thereby locking out others.
The practice, it said, not only undermines fair competition but also violates the constitutional rights of consumers who are entitled to choose their preferred communication service providers freely.
“It is important to note that consumers and users of communication services have a right to choose their service provider from among the licensed entities,” said CA Director General David Mugonyi.
“Any restriction undermines fair competition and violates the Kenya Information and Communications Act, 1998.”
The Authority cited Sections 84U and 84V of the Act, which prohibit denial of service and demand equal access to communication services for all customers in a given area.
Locking in specific providers or denying others access to buildings and developments, Mugonyi noted, goes against the provisions of the Constitution, specifically Articles 33, 34, and 35, which uphold the freedom to access information and communication systems.
Additionally, the Kenya Information and Communications Act, 1998 prohibits such anti-competitive behaviour and mandates equal treatment for all customers within a given area.
“The Kenya Information Communication Act, 1998 further prohibits denial of access to communication services and requires provision of equal opportunity for access to the same type and quality of service to all customers,” the notice reads.
To ensure compliance, CA has now directed all landlords and property owners to allow all licensed and compliant service providers equal access to their premises and only procure services from entities listed in the Authority’s licensee register.
“The register of all licensed providers is available to the public on the Authority’s website at www.ca.go.ke/licensee-register,” it states.
It also reminded property owners to ensure the security of any installed communication systems within their premises and to prevent vandalism or tampering.
CA further warned the public against using unlicensed service providers, stating that such actions compromise both service quality and consumer protection.
The Authority reiterated that ICT services are essential to the country’s economic growth and called on the public to avoid dealing with unlicensed service providers for their own protection and service quality assurance.
by FELIX KIPKEMOI
