Communications Authority of Kenya

Communications Authority of Kenya

Agency overview
Formed	1998
Jurisdiction	Government of Kenya
Headquarters	Nairobi
Agency executives	Ngene B. Gituku, Chairman Francis Wangusi, CEO
Parent agency	National Communications Secretariat (NCS)
Website	www.ca.go.ke

Introduction and Overview

The Communications Authority of Kenya (CA) is the regulatory body for the communications sector in Kenya.

Established in 1999 by the Kenya Information and Communications Act, 1998, the Authority is responsible for facilitating the development of the Information and Communications sectors including; broadcasting, multimedia, telecommunications, electronic commerce, postal and courier services.

This responsibility entails:

   -Licensing all systems and services in the communications industry, including; telecommunications, postal, courier and broadcasting.  
   -Managing the country’s frequency spectrum and numbering resources.
   -Facilitating the development of e-commerce.  
   -Type approving and accepting communications equipment meant for use in the country.
   -Protecting consumer rights within the communications environment.
   -Managing competition within the sector to ensure a level playing ground for all players.
   -Regulating retail and wholesale tariffs for communications services.  
   -Managing the universal access fund to facilitate access to communications services by all in Kenya.
   -Monitoring the activities of licensees to enforce compliance with the license terms and conditions as well as the law.

Mandate and Purpose per KICA

The Communications Authority of Kenya (CA) is the regulatory body for the communications sector in Kenya. Established in 1999 by Kenya Information and Communications Act, 1998, the Authority is responsible for facilitating the development of the Information and Communications sectors including; broadcasting, multimedia, telecommunications, electronic commerce, postal and courier services. This responsibility entails:

• Licensing all systems and services in the communications industry, including; telecommunications, postal, courier and broadcasting.
• Managing the country’s frequency spectrum and numbering resources.
• Facilitating the development of e-commerce.
• Type approving and accepting communications equipment meant for use in the country.
• Protecting consumer rights within the communications environment.
• Managing competition within the sector to ensure a level playing ground for all players.
• Regulating retail and wholesale tariffs for communications services.
• Managing the universal access fund to facilitate access to communications services by all in Kenya.
• Monitoring the activities of licensees to enforce compliance with the license terms and conditions as well as the law. http://www.ca.go.ke

Below are some of the relevant sector regulations:

• 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
• Kenya Information and Communication (Tariff) Regulations, 2010
• The Kenya Communications (Broadcasting) Regulations, 2009
• The Kenya Communications Regulations, 2001

Affiliated International Bodies

• International Telecommunication Union (ITU)
• Commonwealth Telecommunications Organization (CTO)
• African Telecommunications Union (ATU)
• Universal Postal Union (UPU)
• Pan African Postal Union (PAPU)
• Association of Regulators of Information and Communication in Eastern Africa (ARICEA)
• African Advanced Level Telecommunications Institute (AFRALTI)

http://www.ca.go.ke

History

The 1963 Kenya’s independence transformed the colonial laws and policy development towards telecommunications, broadcasting and the media.

In 1997, the first policy guideline specific to telecommunications and postal sector liberalisation was issued based on the Economic Recovery Strategy for Wealth and Employment Creation (2003–2007). This policy guideline was developed by the Kenya Posts and Telecommunication Corporation (KP&TC) and the Ministry of Transport and Communications. It set out the role of the sector in national development, stated the policy objectives and identified targets as well as strategies to be pursued. The desired market structure for liberalisation was also articulated in the policy. This policy guideline led to the transformation of the telecommunications and postal sector, the creation of the Kenya Communications Act (KCA, 1998) and the Postal Corporation Act (1998). http://www.idrc.ca/en/ev/-93017-201-1-DO_TOPIC.html

Prior to 1998, the KP&TC was the sole provider of basic telecommunications services. Telkom Kenya was created in 1999 as a separate legal entity from the previous postal and telecommunications statutory body and is slated for privatisation. http://www.cck.go.ke

The proliferation of mass media, economic demands and pressure from donors as well as civil society forced the government to review the laws governing the media with a view to liberalising the airwaves, abolishing of restrictive media laws, and harmonisation of Kenya Post and Telecommunication Act and Kenya Broadcasting Acts. (Mureithi, 2002)

Initially the government split KP&TC into two entities through the Kenya Communication Bill (1997) and the Postal Corporation Bill (April 1997). However Kenyan government created the telecommunication regulator at the same time that the telecommunications and postal arms of the PTT ministry were spun off as separate operating entities through the Kenya Communications Act of 1998. This move led to the dismantled of KP&TC into the Communications Commission of Kenya, Telkom Kenya Limited and Postal Corporation of Kenya as well as the formation of to serve as the policy advisory arm of the Government on all matters pertaining to the ICT, National Communications Secretariat was also formed. http://www.information.go.ke

In 2000, the Ministry of Information, Transport and Communications prepared a cabinet paper on broadcasting with the status of a sector policy statement. Following that, in 2001 the ministry prepared a draft broadcasting bill and broadcasting policy, however the 2 documents never got approved by parliament. http://www.information.go.ke.

In 2004 the Ministry of Information and Communications published the draft national ICT policy. It was adopted in 2006 and it aimed at creating an enabled and knowledge based society by using ICTs to improve the livelihoods of Kenyans.

Structure and Functions

Adopted from: http://www.ca.go.ke

Board of Directors

This is a list of the current board of directors as of December 2014

• Mr. Ngene B. Gituku- chairman of the CA board
• Mr. Francis Wamukota Wangusi – Director General and CEO of CA
• Mr. Joseph Tiampati Ole Musuni
• Amb. Monica Juma
• Dr. Kamau Thugge
• Prof. Levi Obonyo
• Mr. Ken Nyaundi
• Ms. Beatrice Opee
• Mr.Peter Mutie
• Eng. Hellen Kinoti
• Ms. Grace Munjuri

Divisions

• Licensing, Compliance and Standards
• Frequency Spectrum Management
• Competition, Tariffs and Market Analysis
• Consumer & Public Affairs
• Human Capital & Administration
• Finance & Accounts
• Legal Services
• Multi Media Services
• Information Technology
• Risk Management and Internal Audit
• Procurement

http://www.ca.go.ke

International Affiliation of the regulator to international institutions

The Kenya Communications Act, 1998, outlines the functions of the Authority in relation to postal services as follows:

• ensure that there are provided throughout Kenya good and sufficient postal and other related services, on such terms as the Authority may deem expedient;
• ensure that the public post licensee is able to provide postal services at rates consistent with efficient and continuous service and financing viability;
• promote development of postal systems and services in accordance with recognised international standards, practices and public demand;
• exercise licensing and regulatory functions in respect of postal systems and services in Kenya in accordance with this Act;

http://www.ca.go.ke

External links

• The CA Website
• Ministry of Information and Communications
• Kenya Investment Authority
• Kenya ICT Board
• Kenya Film Commission
• Kenya Film and Censorship Board
• Kenya Revenue Authority (KRA)