New regulations to tighten oversight in ICT space

Kenya’s telecommunications landscape will undergo reforms to bring the industry in line with technological changes in the sector over the past 15 years.

The Communications Authority of Kenya (CAK) said last week it would review current laws to ensure the industry addresses emerging issues, such as e-commerce, competition, cyber security and sharing of resources.

“The ICT industry is a critical component in the development of the economy since every pillar of development has the sector as an enabler, hence the need to make it responsive,” CAK Director General Francis Wangusi said.

Mr Wangusi added that the new regulations would, among other things, stimulate innovation and create new services to improve the contribution of the sector to the country’s gross domestic product (GDP).

In 2013, the sector contributed about 2.5 per cent to GDP, the second-largest contribution in Africa after Senegal.

Remain relevant

Ms Mercy Wanjau, the principal legal officer at the regulator, said the law needed to remain relevant as new developments come up, such as issues around the abuse of competition in the telecoms sector.

“It is no longer going to be business as usual. The penalties charged on those found guilty of misconduct will be in proportion to the offences committed and will be tailored to fit the wearer of the shoe,” she said.

She added that the penalties that currently exist are no longer punitive and some firms may find it more economical to breach regulations than meet them.

And as e-payments emerge as a new frontier in the economics of the country, Ms Wanjau said there was need to enhance security requirements for transactions.

“The new rules on cybersecurity are expected to promote confidence and trust in the use of ICT in line with international best practices to facilitate e-commerce and attract investment in Kenya,” Mr Michael Katundu, CAK’s IT director, said.

Mr Lucas Musembi, a competition analyst with the regulator, added that players in the industry would also have to share their resources to ensure efficiency.

“It would be good to share infrastructure; we do not want to see players close shop since it would not be easy to find a buyer for their equipment,” he said.

Other thorny issues the new regulations will address include unsolicited SMSes, especially from service content providers, web defacement and espionage.

The law will also tackle the issue of online anonymity, which some people have taken advantage of to propagate tribalism and abuse.

wmasese@standardmedia.co.ke