Communications Authority of Kenya. Photo | courtesy.
The Communications Authority of Kenya (CA) has issued a stern warning to landlords, property owners, and managers against denying or restricting access to licensed telecommunication service providers, saying such actions are unlawful and hinder consumer rights.
In a public notice, the Authority noted a growing trend where private individuals, public institutions, and landlords have been blocking or limiting access to premises by specific telecom providers or locking in certain providers.
The CA emphasized that this practice contravenes the Constitution of Kenya and the Kenya Information and Communications Act, 1998.
“Consumers have a right to choose their service provider from among the licensed entities, Denying or limiting access amounts to a violation of their constitutional right to information and communication,”said CA Director General David Mugonyi..
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The Authority cited Articles 33, 34, and 35 of the Constitution, which guarantee freedom of expression, media, and access to information.
Additionally, Sections 84U and 84V of the Communications Act prohibit licensees from denying service to any customer except in cases of non-payment, and compel providers to offer equal access and quality of service to all consumers within a given area.
In line with this, the CA has directed:
- Property managers, landlords, and owners not to block or limit access to licensed providers.
- All licensed providers to receive equal treatment regarding access to premises.
- Consumers to be allowed to freely choose their preferred communication service provider.
- Communication services to be sourced only from duly licensed and compliant entities.
- All deployed infrastructure to have valid compliance certificates issued by the CA.
- Safety and security of installed infrastructure to be guaranteed and protected from vandalism.
