7th August, 2020
THE KENYA GAZETTE
will prevail. In planning and allocating radio frequency spectrum as
well as developing policies, laws and regulations relating to spectrum,
Kenya will take into account the outcomes of the International
Telecommunications
Conferences (WRCs).
Union
(ITU)
World
1. To
enhance
public
safety,
security
and
emergency
preparedness, spectrum fees may be waived for provision of ICT
services in unserved and under-served areas and public institutions that
provide critical life-line support services. | The institutions may also
include those that provide critical public services such as national
security, public safety and emergency services. Such institutions will
be determined by the ICT regulator;
2. A Wireless Broadband Spectrum policy will be developed to
promote the acceleration of uptake of Broadband services as enshrined
in the National Broadband Strategy; and
3.
Measures outlined in the National Broadband
Strategy will be taken to ascertain that:¢
Broadband penetration reaches a critical mass nationally for its
impact to be felt in the economy;
¢
Universal access to broadband is affordable;
*
Capacity and skills are developed for optimal and effective use
of broadband services by end users;
¢
practices. The Government seeks to enhance the evolutionary velocity
of the market and enhance the continuous adaptation of products,
services and offerings to local and global pressures.
Radio-communication
Use of the radio frequency spectrum should contribute to the
promotion of national interests, development and diversity, including
increasing the amount of spectrum available for assignment,
improving sharing conditions among different radio communication
services and increasing the number of licences dedicated to
community services.
Supply-side skills are developed so that Kenyans can exploit
economic and innovative potential of broadband.
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It is the goal of this policy to:
1. Increase the population of competing companies by creating
incentives for play, lowering the barriers to entry, reducing the cost of
failure, and encouraging the trial of new ideas.
2. Encourage
efficient
and
equitable
infrastructure to enable enhanced competition.
access
to _
public
3. Review the competitive environment for fair trade practices.
Prevent unhealthy competitive practices through clear and strategically
consistent regulations enacted in a timely and transparent manner.
4. Facilitate access to government
business
discriminatory tendering criteria, and a deliberate
Kenyan owned business entities.
5. Maintain
market
integrity
preventing and promptly punishing
conduct.
through nonpreference for
and competitive honesty
by
unfair and/or misleading market
6. Facilitate an open, responsive, regular and continuous dialogue
between government, regulatory authorities and market players with a
view to maintaining a responsive competitive environment.
7. Create a liberal licensing and registration regime to permit
companies and entrepreneurs to fail quickly, with low cost. This will
take the form of rules that allow companies to be licensed for certain
services and only pay for the licenses when they commence operations
or achieve benchmark goals within predefined time frames. There will
be deliberate over-allocation of provisional licenses to increase the
number of license holders with the subsequent upgrade of provisional
licenses to substantive licenses when defined targets are achieved. The
regulatory authority will predefine and make public the total number
of substantive licenses intended, when that target is achieved
provisional licenses will be revoked.
6.2.4 Rules
Equity Participation
The Government recognises that the ICT ecosystem is complex,
fragile and not understood with mathematical precision, and that
transformative innovations are emergent and dependent to some
degree on serendipity and a web of interrelated stakeholders who
interact unpredictably. In this policy, Government is careful not to
weigh in with a blunt instrument and damage one part of the
ecosystem while trying to promote another part.
The government strongly encourages Kenyans to participate in the
ICT and Science & Technology sector through equity participation. It
is the policy that only companies with at least 30% substantive Kenyan
ownership, either corporate or individual will be licensed to provide
ICT services. For purposes of this rule, companies without majority
Kenyan ownership will not be considered Kenyan, and may thus not
be calculated as part of the 30% Kenyan ownership calculus.
Licensees will have 3 years to meet the local equity ownership
threshold they may apply to the Cabinet Secretary for a one year
extension with appropriate acceptable justifications.
Policy Actions: This policy recognises four principal motivational
instruments, which we call policy actions. Policy actions can
communicate, regulate, incentivise, or demonstrate.
Communication:
The
policy can communicate
government
positions, articulate priority areas, and disseminate best practices.
Regulation:
regulate
and
The
government
arbitrate
the
has the mandate
use
of
limited
and obligation to
resources,
enhance
competition, promulgate and enforce anti-trust legislation, establish
and maintain standards, and create a level playing field for all actors.
For listed companies the equity participation rules will conform to
the then extant rules of the Capital Markets Authority.
Consumer Protection
The Government will:
1. Protect all Kenyan citizens from unfair, deceptive or fraudulent
business practices.
Incentives: Create incentives to push or pull the private sector in
certain directions using taxation, challenges, and investment of public
2.
investigate and promptly resolve complaints.
funds
3.
enforce the law and punish violators.
in
R&D,
mechanisms.
internal
and
foreign
demand
creation
and
other
Demonstrate: The government can invest in forward looking
activities that do not have immediate commercial value to demonstrate
technology, processes and viability.
Competition
This policy considers competition in two perspectives, encouraging
healthy competition within the ICT sector in Kenya, and making
Kenyan products globally competitive. These are not mutually
exclusive goals, by ensuring that the market competition in Kenya is
intense,
we
can
ensure
that
bad
products,
services
and
ideas
die
quickly and that good ideas, products and services survive and
improve. In brief, it should be that if a product is good enough to
survive in Kenya, then it is world class and conversely, that if it is not
world class it will not long survive in Kenya. The need for intense
competition must be balanced with the need to prevent distortion of
the market by the emergence of monopolies and anti-competitive
4. restore the rights, property and
they have been violated.
privileges
of citizens where
5. Develop rules and regulations that maintain and ensure a free
and fair marketplace.
6. Educate
responsibilities.
consumers
about
their
rights,
duties
and
The consumer protection policy is intended to:
1.
Protect consumers from hazards to their health and safety.
2.
Promote and protect the economic interests of consumers.
3. Provide consumers with adequate information to enable them
to make informed choices according to individual wishes and needs.
4.
Consumer Education.
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