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Compliance and Enforcement

Licensing

Compliance and Enforcement

The Authority is responsible for ensuring the compliance enforcement of license conditions as stipulated under Section 41, 43, 46A and 83A of the Kenya Information and Communications Act,1998. This responsibility entails:

· Monitoring the day-to-day performance of licensees to ensure they comply with the licence terms and conditions, guidelines and the Act.

· Gathering, analysis and publication of the results of compliance returns from licensees;

· Monitoring communication infrastructure roll out to ensure licensees compliance with licence roll out targets ·

Analysing spectrum utilizations returns from licensees

· Addressing escalated competition and consumer complaints through appropriate enforcement mechanisms

· Reviewing and addressing recommendations from surveillance activities with a view to take appropriate enforcement actions · Ensuring technical and operational standards are adhered to by all licensees;

· Preparing compliance reports which inform issuance of compliance certificates or imposition of penalties as the case maybe;

All active ICT sector licensees are expected to file compliance returns annually to the Authority. The Authority renews operating licences of various licensees based on their compliance to conditions in their licences and which are assessed from their their returns.

 

The following Compliance Returns Forms are applicable to all postal and courier services licencees.

The Authority regularly prepares sector statistics reports which highlight the performance of the ICT industry in Kenya.

The reports are prepared in line with best practice and adhere to International Telecommunications Union standards on collection of administrative/supply side data on telecommunications/Information Communications Technologies https://www.itu.int/en/ITU-D/Statistics/Documents/publications/handbook/2020/ITUHandbookTelecomAdminData2020_E_rev1.pdf.

The main objective of the report is to measure and monitor availability and accessibility of ICT services by Kenyans from the supply perspective and as such, the reports do not include demand side data (data on usage/uptake of ICTs). Such information is collected through National ICT Surveys and reported separately as per ITU standards available on: https://www.itu.int/en/ITUD/Statistics/Documents/publications/manual/ITUManualHouseholds2020_E.pdf.

The Authority collaborates with the National Statistical Office, the Kenya National Bureau of Statistics to collect demand side data through National Surveys.

Download: ICT Indicators Manual