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Kenya

5G regulation and law in Kenya

Table of contents
  1. What is the state of 5G deployment in your country?
  2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 
  3. Has 5G been launched for industrial purposes? For which sectors?
  4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?
  5. What public tenders have awarded spectrum licences? 
    1. What were the criteria for awarding each of the tenders?
    2. What are the conditions of the spectrum licence? 
    3. What is the price and how is it calculated?
  6. Is there a long-term spectrum plan or announcements for future tenders? 
  7. If 5G specific rules are drafted, what do they say?
  8. What focused 5G network or spectrum sharing regulation exists?
  9. Are 5G network sharing or spectrum sharing agreements in place? 
  10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?
  11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?
  12.  What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?
Kenya
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1. What is the state of 5G deployment in your country?

Leading telecom provider Safaricom commercially launched its 5G  services in October 2022. 

It has 35 active 5G sites in the counties of Nairobi, Mombasa, Kisumu and Kisii, and intends to have 200 active 5G sites by March 2023. 

Airtel Kenyaa subsidiary of of Bharti Airtel),  says it has 600 sites that are 5G-ready in the counties of Nairobi, Mombasa and Kilifi, and is working towards obtaining the requisite spectrum in order to launch 5G services.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

Yes, Safaricom is monetising its 5G investment. 

3. Has 5G been launched for industrial purposes? For which sectors?

No. 

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

In November 2021 the Communications Authority of Kenya rolled out  a national 5G roadmap and strategy. 

5. What public tenders have awarded spectrum licences? 

None. 

5.1 What were the criteria for awarding each of the tenders?

 

5.2 What are the conditions of the spectrum licence? 

 

5.3 What is the price and how is it calculated?

 

6. Is there a long-term spectrum plan or announcements for future tenders? 

The  Communications Authority of Kenya’s 5G roadmap and strategy includes a proposed timeline in published as part of an ongoing  public consultation exercise. 

7. If 5G specific rules are drafted, what do they say?

No 5G specific rules or regulations  have been enacted.

8. What focused 5G network or spectrum sharing regulation exists?

 None. 

9. Are 5G network sharing or spectrum sharing agreements in place? 

There are no 5G specific network or spectrum sharing regulations in place. 

The Competition Authority is considering making certain 5G spectrum available through spectrum sharing.

This is being addressed as part of =the  Communications Authorityroadmap and strategy. 

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

No.  

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There are no regulations in place  governing the ability to grant competitors access to 5G networks. 

The current policy is that the Communications Authority of Kenya will oversee access and licensed operators, as well as regulating and setting prices for commercial access to  infrastructure built with public funds. This infrastructure will be available for use by Kenyan private and commercial operators on a fair, affordable and equitable terms without prejudice to size, location or composition. A legal framework is to be developed to provide for a fair use policy by which private infrastructure may, on fair commercial terms, be made available by one operator to others. 

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There is no regulation restricting the use of Chinese technology. The government has committed to non-interference with vendor selection by telecommunication service providers.  

Authors

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Portrait ofJulius Wako
Julius Wako
Partner
Nairobi
Portrait ofBrian Gatuguti
Brian Gatuguti
Senior Associate
Nairobi