Communications Authority of Kenya (CA) has issued a public notice highlighting concerns regarding access to telecommunication services within various premises.
David Mugonyi, the Director-General and CEO of CA in the notice highlighted the fundamental right to access information and communication systems as enshrined in the Constitution of Kenya.
He warned against a trend where private and public entities, as well as landlords, restrict or deny access to specific telecommunication service providers or services including courier services to their premises.
“It has come to the attention of the Authority that some private, public entities and landlords are denying access, or limiting access or locking-in specific telecommunication service providers and services to their premises,” reads CA statement.
Mary Mungai, Chairperson of the Board of Directors of the Communications Authority of Kenya (CA). PHOTO/CA
“Please note this is in contravention to the Constitution of Kenya Chapter Four on Bill of Rights articles 33, 34 & 35 that grant free access to information and communication systems of any nature by members of the public,” reads CA statement in part.
CA states Restriction Contravenes Constitution
Such restrictions are deemed as contravening these constitutional rights hence the call for adherence to legal frameworks by CA.
Furthermore, the Kenya Information and Communications Act, 1998, is cited to reinforce the obligation of licensees not to deny access or service to customers without just cause.
Section 84U of the Act prohibits denial of access to communication services, except in cases of non-payment or other legitimate reasons.
Additionally, Section 84V emphasizes the requirement for licensees to provide equal opportunity for access to the same type and quality of service to all customers, thereby preventing anti-competitive practices.
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The notice, according to CA, also serves as a caution to members of the public, landlords, property owners, and managers about the importance of engaging licensed and compliant telecommunication and courier service providers.
Such providers are expected to hold valid licenses and annual compliance certificates in accordance with the Kenya Information and Communication Act, 1998.
“To this end, the Authority advises members of public, landlords, property owners and managers of the importance of procuring telecommunication and courier services from duly licensed and compliant entities,”
“These are entities which are in possession of a valid license and annual compliance certificate and as provided for under the Kenya Information and Communication Act, 1998,” stated CA.
To facilitate compliance, the CA directs stakeholders to the register of licensed entities, which is readily accessible on the Authority’s website.
Verification of Legitimate Service Providers
This register serves as a resource for the public, enabling them to verify the legitimacy of service providers.
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Consequently, CA notes that by utilizing licensed entities, consumers can ensure better quality services and robust consumer protection.
“Members of public are further advised to desist from obtaining services from unlicensed or non-compliant licensees in order to ensure better quality of services and robust consumer protection,” stated CA.
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