ARTICLE 19 finds that both instruments … Citation. <> Citation. 1 0 obj 41. Under the KICA, a person who intentionally modifies or interferes with the contents of a message sent by means of that system commits an offence and shall be liable on conviction to a fine not exceeding Three Hundred Thousand Kenyan Shillings (KES 300,000) (approximately USD 2891.06), or to imprisonment for a term not exceeding three years, or to both. THE KENYA INFORMATION AND COMMUNICATIONS (POSTAL AND COURIER SERVICES) REGULATIONS, 2010 The Lesotho Telecommunications Authority (Broadcasting) Rules 2004 The Nigeria Telecommunication and Postal Offences (Amendment) Act The procedures for Advertising and Consumer Information in the Field of Telecommunications Services Arabic 5A. Kenya Information and Communications CAP. Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Commission, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (RADIO COMMUNICATIONS AND FREQUENCY SPECTRUM) REGULATIONS, 2010 1. These new regulations revoked the Kenya Information and Communications (Registration of Subscribers of Telecommunications Services) Regulations, 2012. Headquarters. 411A K9 - 3 [Issue 1] CHAPTER 411A KENYA INFORMATION AND COMMUNICATIONS ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. PART II – COMMUNICATIONS COMMISSION OF KENYA 3. All telecommunication service providers are required to obtain a licence from the Communications Authority of Kenya (CA). These Regulations empower the CA to determine any dispute arising between licensees, a consumer and a licensee, or where one or both parties is aggrieved by the conduct of the other  and the parties have failed to reach an amicable resolution after due effort has been made. 1. 3 0 obj 5A. 4. 2. This ICT Policy is based on internationally accepted standards and best practices, particularly the Common Market for Eastern and Southern Africa (COMESA) Model adopted by the COMESA Council of Ministers in March 2003. © 2021 DLA Piper. ensuring that licensees maintain financial integrity and attract capital; protecting the interests of investors, consumers and other stakeholders, providing market incentives for licensees to operate efficiently; and. In the year 2000, East Africa (Kenya, Uganda and Tanzania) had approximately 250,000 internet users, and by the end of 2014 the region had more than 29 million. Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations, 2010 Kenya Information and Communication (Dispute Resolution) Regulations, 2010 Kenya Information and Communications (Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010 This is discussed in more detail in Interconnection and Roaming. An entity may be issued with multiple commercial licences, provided that it maintains separate accounts for each licence. Ireland: High Court orders DPC to implement CJEU judgment . The Kenya Information and Communications (Broadcasting) Regulations, 2009 € These regulations provide a framework for broadcasting services in Kenya. The primary legislation governing the telecommunications sector in Kenya is the KICA. These include: The Kenya Information and Communications (Dispute Resolution) Regulations, 2010. These regulate the licensing of electronic certification services and set out the responsibilities of certified service providers. The  CA, facilitates the development of the information and communications sector (including broadcasting, multimedia, telecommunications and postal services) and e-commerce. Citation. Kenya. 5. Under these regulations, a customer has the right to: Licensees on the other hand have an obligation to, inter alia: The licence fees are determined based on the market segment to be serviced. endobj Physical Address: CCK building, along Waiyaki Way, Nairobi. 411A K9 - 3 [Issue 3] CHAPTER 411A KENYA INFORMATION AND COMMUNICATIONS ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. These regulations provide for a regulatory framework for the licensing of postal services providers and to set out their responsibilities. %PDF-1.5 5. Kenya Information and Communications Act, Revised Edition 2011 (2010) Law No. News post. Depending on the user of the licence, a telecommunications company may be issued with a licence under any of the following categories: An application for any such licence must meet the following minimum requirements: The above prerequisites to acquiring licences that will facilitate commencement of a telecommunication business automatically lock out non-domiciled establishments. 4. These Regulations may be cited as the Kenya Information and Communications (Consumer Protection) Regulations, 2010. The Kenya Information and Communications (Consumer Protection) Regulations (14 April 2010) View. Kenya Information and Communications CAP. A person who unlawfully tampers with a telecommunication plant with the intent to prevent, obstruct or delay transmission of any message commits an offence and is liable, on conviction to a fine of not less than Five Million Kenyan Shillings (KES 5,000,000) (approximately USD 48184.25) or to imprisonment for a term not less than ten years or to both. The Kenya Information and Communications (Registration of SIM-Cards) Regulations, 2015. https://www.privacyinternational.org/state-privacy/1005/state-privacy-kenya Enforcement of regulations as to use of apparatus. Parties to an interconnection agreement are required to negotiate in good faith and reasonably endeavour to resolve disputes relating to the form and subject of an interconnection agreement that may arise. It has specific policy objectives on information technology, broadcasting, telecommunications, postal services, radio frequency spectrum, universal access and institutional framework for policy implementation. KICA mandates CA to develop a national cyber security management framework. Latest Content. THE KENYA INFORMATION AND COMMUNICATIONS (AMENDMENT) ACT, 2013 (No. The Kenya Information and Communications (Licensing and Quality of Service) Regulations, 2010. 2 of 1998) IN EXERCISE of the powers conferred by sections 27, 38, 39, 40 and 66 of the Kenya Communitions Act, the Minister for Information, Transport and Communications in consultation with the Commission makes the following Regulations - THE KENYA COMMUNICATIONS REGULATIONS, 2001 PART I – PRELIMINARY IN EXERCISE of the powers conferred by section 84P of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (UNIVERSAL ACCESS AND SERVICE) REGULATIONS, 2010 1. 41. The Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2010. Below are some of the key sanctions/penalties arising from a breach of the KICA provisions: Failure by a telecommunications operator to obtain customer information and store it confidentially attracts a liability on conviction to a fine not exceeding Five Million Shillings (KES 5,000,000) (approximately USD 48184.25). ', Is capable of being transmitted through a telecommunication system, or, Is used in connection with the determination of position, bearing or distance, or for the gaining of information as to the presence, absence or, motion of any object or objects of any class.'. The Kenya Information and Communications (Postal and Courier Services) Regulations, 2010. Establishment of Commission. These regulations provide a framework for broadcasting services in Kenya. Jurisdiction: Africa. The CA, where necessary, also issues guidelines for the ICT sector on the implementation of specific regulatory issues. USD 481.84), or to imprisonment for a term not exceeding three months or to both. The Kenya Information and Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations, 2010. Object and purpose of the Commission. THE KENYA INFORMATION AND COMMUNICATIONS (CONSUMER PROTECTION) REGULATIONS, 2010 THE KENYA INFORMATION AND COMMUNICATIONS (INTERCONNECTION AND PROVISION OF FIXED LINKS, ACCESS AND FACILITIES) REGULATIONS, 2010 THE KENYA INFORMATIONAND COMMUNICATIONS (FAIR COMPETITION AND EQUALITY OF TREATMENT) REGULATIONS, 2010 Code of Practice for the Deployment of Communications Infrastructure in Kenya. The Kenya Information and Communications (Consumer Protection) Regulations (14 April 2010) View. x��Z�oۼ�^ �?����II[`�v�gٳ�E�����ȉQ��l�ݳ�~w�E��{��1��v~��j~����)������٫��q���]��^q��gE���`EZ$�b�g��$cw���٫ϣ�wc1b����|�_���ۭ�q��O��'j��|�l9��h��-~��E��7�bt����>�|����@`=����[~� ��Q�Ͳ�\�g$>� The 2006 ICT Policy was reviewed in June 2016 to align it with the New Constitutional dispensation in Kenya and Vision 2030. Any person who establishes or uses radio communication status or apparatus without a valid licence from the CA commits an offence and is on conviction liable to a fine not exceeding Five Million Kenyan Shillings (KES 5,000,000) (approximately USD 54,945.05) or to imprisonment for a term not exceeding three years, or to both. These regulations are made pursuant to Section 27D of the KICA. € The Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2010 The purpose of these Regulations is to:-€ Apart from the initial licence fee application, a telecoms operator should also pay the CA an annual operating fee, an access fee for frequency spectrum and an annual spectrum fee. Share: The object of these Regulations is to provide a process for the registration of existing and new subscribers of telecommunication services provided by telecommunication licensees in Kenya… The Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2010 The purpose of these Regulations is to:- promote and support the orderly development and efficient operation of radio communication systems and services to meet the country’s socio-economic, security and cultural needs; The object of these Regulations is to provide a process for the registration of existing and new subscribers of telecommunication services provided by telecommunication licensees in Kenya. %���� Please note: This provision has been declared unconstitutional and invalid by the High Court of Kenya in a recent case of. 39. Kenya ('the Constitution') guarantees the right to privacy as a fundamental right. Short title. form.2 The Regulations, adopted by the Minister of Information and Communications after consultation with the Communications Commission of Kenya (the Commission), are part of the effort to implement the Kenya Communications Act, 1998, as amended in 2009 (the Communications Act). 2011 CHAPTER 411A THE KENYA INFORMATION AND COMMUNICATIONS ACT ARRANGEMENT OF SECTIONS Part I—PrelImInary Section 1—Short title and commencement. The KICA forbids the provision of telecommunication services without a licence. promoting and facilitating the efficient management of critical Internet resources. Interpretation. The object and purpose of these Regulations is to provide a regulatory framework for the control, planning, administration and management of the numbering and addressing of network services, national plan and applications services. PART II – COMMUNICATIONS AUTHORITY OF KENYA 3. Physical Address: CCK building, along Waiyaki Way, Nairobi Postal Address: P.O. 411A K9 - 3 [Issue 3] CHAPTER 411A KENYA INFORMATION AND COMMUNICATIONS ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Under the KICA, any contravention of the general regulations for telecommunication services is an offence whereby offenders shall be liable on conviction to a fine not exceeding Three Hundred Thousand Kenyan Shillings (KES 300,000) (approximately USD 2891.06), or to imprisonment for a term not exceeding three years, or both. Short title. Council of Kenya (MCK) which was legislated for by the Media Act 2007. �2O�����������?�4�+6����٫�eؒ��x�K-�ϣ@�W ���������r�O2"��bT���[�J��j�g|wB\��(j����,����q�T$�d&FH�0}�Y� 2. Ensuring that in considering requests for various authorisations that are required for the installation of communication equipment, the various regulators and operators adopt a consistent approach; Setting up a framework to address legislative gaps that may exist in the applicable laws until they are otherwise addressed through appropriate review(s); Assuring the public that all precautions have been taken to ensure that operators and their agents and the health and safety of the public, operators and their agents are safeguarded with regard to communications installations; Spelling out the principles that will guide operators in the rollout of infrastructure; Addressing areas of concern to all regulators, operators and the general public; Assisting operators and other stakeholders to comply with the legal requirements governing the deployment of communications infrastructure; Setting out the minimum procedural requirements to be followed by operators in the rollout of their communications infrastructure; Spelling out the enforcement mechanism where there is non-compliance by an operator; Promoting good industry practices in the communications sector; Addressing reasonable consumer concerns and to build/win consumer confidence that the operators are sensitive to, as well as committing to address concerns that the consumers may have regarding the rollout of infrastructure. Ireland: High Court orders DPC to implement CJEU judgment . The ULF market is structured into three main licences: 'Emitting or receiving over paths which are not provided by any material substance constructed or arranged for that purpose, of electro-magnetic energy of a frequency not exceeding three million megahertz being energy which either: Any person wishing to establish or use any of the above services must first obtain the requisite licence from the CAK. They also seek to: The Kenya Information and Communications (Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010. Box 14448, Nairobi 00800, Mobile: +254 703 042 000 / +254 730 172 000. implementation of national cyber security policies, laws and regulations; cyber security awareness and capacity building; early warning and technical advisories on cyber threats; technical co-ordination and response to cyber incidents in collaboration with various actors locally and internationally; research and development in cyber security; and. An interconnection licensee on the other hand has the right and, when requested by an interconnecting licensee, an obligation, to negotiate the interconnection of its telecommunications system, facilities and equipment with the telecommunications system, facilities and equipment of the interconnecting licensee, in order to provide end-to-end connectivity and interoperability of services to all customers. The Communications Authority of Kenya (CA) is the regulatory authority for the communications sector in Kenya. 2. stream KENYA INFORMATION AND COMMUNICATIONS (CONSUMER PROTECTION) REGULATIONS, 2010. Regulations for radiation of electro-magnetic energy. DLA Piper is a global law firm operating through various separate and distinct legal entities. All rights reserved. Enforcement of regulations as to use of apparatus. These Regulations provide a framework for the determination of tariffs and tariff structures by: The Kenya Information and Communications (Compliance, Monitoring, Inspections and Enforcement) Regulations, 2010. DLA Piper Intelligence brings together knowledge sites that answer legal questions from our clients around the globe. 5. Topics: Direct Marketing Telecommunications and Electronic Communications. The Kenya Information and Communications (Numbering) Regulations, 2010. THE KENYA INFORMATION AND COMMUNICATIONS (AMENDMENT) BILL, 2019 A Bill for AN ACT of Parliament to amend the Kenya Information and Communications Act. A person who contravenes Radio Communication Regulations is liable on conviction to a fine not exceeding One Million Shillings, (KES 1,000,000) (approximately USD 9636.85) or to imprisonment for a term not exceeding five years, or to both. IN EXERCISE of the powers conferred by sections 59 and 66 of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (POSTAL AND COURIER SERVICES) REGULATIONS, 2010 1. The terms and conditions for interconnection of telecommunications networks should be based on the agreement reached between the parties to an interconnection agreement. Kenya Information and Communications CAP. Under the KICA, any person who uses a licensed telecommunication system improperly to send a grossly offensive message or one that causes needless anxiety to another person commits an offence and is liable upon conviction to a fine not exceeding Fifty Thousand Kenyan Shillings (KES 50,000) (approximately. Latest Content. Kenya Information and Communications CAP. It seeks to facilitate sustained economic growth and poverty reduction, promote social justice and equity, mainstream gender in national development, empower the youth and disadvantaged groups, stimulate investment and innovation in ICT and achieve universal access. Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations, 2010 Kenya Information and Communication (Dispute Resolution) Regulations, 2010 Kenya Information and Communications (Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010 Category: Laws & Regulations. Regulations with respect to resistance to interference. 2. The Kenya Information and Communication Act of 1998(KICA) was reviewed two years later, giving the Communications Commission of Kenya (CCK)a mandate to exercise its oversight functions independent of … The Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations, 2010. The Regulations and Code have been opened up for review with the aim of aligning them with the Constitution of Kenya, 2010 and latest amendments to the Kenya Information and Communications Act, 1998. 2—Interpretation. PART II – COMMUNICATIONS AUTHORITY OF KENYA 3. They relate to those aspects of the Mobile Number Portability ordering process that: Involve exchanges between the operators via the Central Reference Database. These Regulations may be cited as the Kenya Information and Communications Regulations on radio communication. The CA has, in collaboration with stakeholders, developed a code of practice for the deployment of communications infrastructure, and is in the process of developing mechanisms for enforcing it. eRegulations Kenya is a KenInvest service for investors, implemented in partnership with UNCTAD and with financial support from the Government of the Netherlands Powered by eRegulations ©, a content management system developed by UNCTAD's Business Facilitation Program and licensed under These Regulations provide a framework for the design and implementation of universal access and service provision and for the administration of the Universal Service Fund in Kenya. 411A Kenya Information and Communications Rev. 2. International Network Facilities Providers Licences: 3. A person who operates an unlicensed telecommunication system is liable on conviction to a fine not exceeding One Million Shillings, (KES 1,000,000) (approximately USD 9636.85) or to imprisonment for a term not exceeding five years, or to both. A person who severs licensed telecommunication equipment with intent to steal commits an offence and is liable, on conviction, to a fine of not less than Five Million Kenyan Shillings (KES 5,000,000) (approximately USD 48184.25) or to imprisonment for a term of not less than 10 years or to both. Headquarters. A negotiating party to an interconnection agreement should not: The interconnection agreement should be filed with the CA for approval at least 14 days prior to the date of its implementation. Kenya Information and Communications Act, Revised Edition 2011 (2010) Law No. 2. 2. A mobile operator is required to pay a licence application fee when making an application for a licence as a telecommunications service provider under the terms of the KICA. 28 / AN / 08 / 6th L on Protection, Suppression of Fraud and Consumer Protection Ruling on Internet Service Providers dispute on services offered by Telkom Kenya Limited 6th August 2004 Licensees on the other hand have an obligation to, Establish a customer care system within which customers can make inquiries and complaints concerning its services, Establish mechanisms that enable parents and legal guardians to restrict children from accessing harmful content and information, Provide a clear and understandable description of available services, rates, terms, conditions and charges for such services and publish the information within such periods as determined by the CA, Not monitor, disclose or allow any person to monitor or disclose, the content of any information of any subscriber transmitted through the licensed systems by listening, tapping, storing, or using other kinds of interception or surveillance methods for communications and related data, Permit calls to international and national emergency numbers which are free of charge. Establishment of Commission. PART II – COMMUNICATIONS COMMISSION OF KENYA 3. IN EXERCISE of the powers conferred by sections 27 of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (IMPORTATION, TYPE APPROVAL AND DISTRIBUTION OF COMMUNICATIONS EQUIPMENT) REGULATIONS, 2010 1. IN EXERCISE of the powers conferred by sections 27, 38, 39, 46K, 66 and 83R of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION … These guidelines define VoIP and provide for the technical implementation of VoIP and the obligations to infrastructure and application service providers. The roles and responsibilities of the CA are codified in the Kenya Information and Communications Act (CAP 411A, Laws of Kenya) (“KICA”) together with various regulations and Policy Statements that are issued by the CA from time to time. 4. Clarify the agreements, conduct or practices that the CA considers to be anti-competitive, and prohibited under the KICA. 5. Lastly, the Code of Practice is a form of industry self-regulation (encouraging industry self-regulation). Attorney Advertising. The Kenya Information and Communications (Consumer Protection) Regulations, 2010. Provide for the standards and processes that the CA shall apply when determining whether a telecommunication service provider is dominant in a given market. Establishment of Commission. In March 2006, the Government released the Information and Communications Technology Sector Policy Guidelines (the 'ICT Policy'). Jurisdiction: Africa. Contravention of this section leads to conviction; to a fine not exceeding One Million Kenyan Shillings (KES 1,000,000) (approximately USD 9636.85), or imprisonment for a term not exceeding five years, or both. Interpretation. The Kenya Information and Communications (Tariff) Regulations, 2010. The main purpose of these Regulations is to provide a regulatory framework to promote fair competition and equal treatment in the communications sector and to protect against the abuse of market power or other anti-competitive practices within the communications sector. Mobile cellular telecommunications licensees may enter into agreements to provide roaming services on a reciprocal basis to every other licensee of mobile cellular service that requests such service. Provide for the standards and procedures to be applied by the CA in determining whether particular conduct is anti-competitive. The Regulations and Code have been opened up for review with the aim of aligning them with the Constitution of Kenya, 2010 and latest amendments to the Kenya Information and Communications Act, 1998. 'A service consisting of the conveyance by means of a telecommunication system of anything falling within subparagraphs (1) to (5) in the definition of 'telecommunication system'. The guidelines are usually issued after extensive deliberations with all industry players and other parties that have a stake in the issue in question. An agreement to provide roaming services shall, upon request, require a licensee to provide mobile cellular telecommunications to all subscribers of another licensee of a mobile cellular telecommunications system, including such subscribers that are located within any portion of the licensee's authorised geographic service area where facilities have been constructed and the provision of a service to subscribers has commenced, if such subscribers are using mobile equipment that is technically compatible with the licensee's base stations. Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (CONSUMER PROTECTION) REGULATIONS, 2010 1. Citation. 5A. ��A���{�r��K!n�r L }����;�q������M��;46����Z. Regulations on radio communication. The CA may request information from the parties that it considers necessary to evaluate the terms and conditions and the charges therein, and request that the agreement be modified in such manner as it may determine. 28 / AN / 08 / 6th L on Protection, Suppression of Fraud and Consumer Protection Ruling on Internet Service Providers dispute on services offered by Telkom Kenya Limited 6th August 2004 These Regulations set out the procedures for the application and approval of equipment. The scope of these guidelines is that in a liberalised ICT environment, the CA expects fair competition to prevail among all network operators, vendors and contractors in the manufacturing, marketing, supply, installation and maintenance of telecommunications wiring, terminal equipment and accessories. The Kenya Information and Communications (Electronic Certification and Domain Name administration) Regulations, 2010. The power to make these regulations comes from the Kenya Information and Communications Act (KICA), 1998 as amended. endobj These procedures and guidelines were issued pursuant to, and form part of the Operator Licence Condition on 'Numbering and Number Portability'. The CA regulates the information and communication sector which broadly includes broadcasting, cyber security, electronic commerce, multimedia, telecommunications, courier,  and postal services. Citation. These Regulations apply to all interconnect licensees and interconnecting licensees, including the form and content of interconnection agreements, access and facilities. IN EXERCISE of the powers conferred by section 84P of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (UNIVERSAL ACCESS AND SERVICE) REGULATIONS, 2010 1.

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