Our Role in your Protection
The Communications Authority of Kenya (CA) is charged with the responsibility of protecting and safeguarding the interests of consumers in relation to the provision of ICT services and equipment. The Authority, among other mechanisms seek to ensure that communication service providers adhere to the following: Kenya Constitution, 2010 (Section 46 and 47)
How to make Consumer Complaints
Consumers have the right to make a complaint on the inability to access and use communication services. The Authority is empowered to handle all complaints that are made against licensed communication service providers. As a consumer, you are required to first report the complaint to your service provider. In the event that your complaint is not resolved satisfactorily, report the complaint the Authority.
To enable the Authority adequately follow up the complaint, we shall require evidence of your initial communication with the service provider. Below is a step by step procedure on how to complain:- A customer who wishes to lodge a complaint shall reduce the complaint in writing and lodge it within six months from the date of the incident that the complaint arises from.
A licensee shall advise a customer at the time of making the complaint on the expected action, timing for investigation and resolution of the complaint and in the event that the service provider regards the complaint as frivolous or vexatious, the consumer shall be informed accordingly. A licensee shall inform the customer of the outcome of the investigation of their complaint, and any decision of the licensee. Where a customer is not satisfied with a decision made on a complaint, the licensee shall give the customer the option of pursuing an identified escalation process, where the decision may be examined by a suitably qualified person in the licensee’s organisation.
Where the consumer has already gone through the licensee’s escalation process and the complaint has not been resolved to the consumer’s satisfaction, the customer may refer the complaint to the Authority where it will be acknowledged within three (3) days of receipt and responded to substantively within ten (10) days.
Public Complaints
What is a Public Complaint?
The Commission on Administrative of Justice (CAJ) defines a public complaint as an expression of dissatisfaction by one or more members of the public about an action, lack of action or about the standard of a service, whether the action was taken or the service provided by the public institution itself or a person or body acting on behalf of the public institution. They include complaints against staff or the institution regarding: Corruption, lack of services, unethical conduct, mal-administration, inefficiency or ineptitude, unfair decisions, misuse of office/abuse of power, breach of integrity, delay, misbehavior, misconduct,inattention, incompetence, injustice and discourtesy.
Among the factors considered by the CAJ in its ranking of public institutions is the establishment of appropriate infrastructure, procedures and the designation of appropriate personnel for the resolution of complaints received from the public regarding the services provided by a public institution. The CAJ also considers the proportion of public complaints that were resolved and the institution’s compliance with the requirement for submission of quarterly reports within stipulated time frames.
The Authority’s Consumer Protection and Advocacy (CPA) Department has in place a desk to deal with public complaints. Members of the public can report any such complaints to the Authority through a designated email address complaints@ca.go.ke. Additionally, the Authority has an elaborate procedure for the resolution of public complaints. Public complaints are received by phone and directed to extensions 420, 426, 427 and 428.
Frequently Asked Questions on Consumer Complaints
- What are my rights as a consumer? Your rights vary by jurisdiction but typically include the right to: · a)goods and services of reasonable quality · b) the information necessary for them to gain full benefit from goods and services · c) the protection of their health, safety, and economic interests · d) compensation for loss or injury arising from defects in goods or services Other rights are: the right to fair treatment and to seek redress for unsatisfactory products or services.
- What is a consumer complaint? A consumer complaint is an expression of dissatisfaction by a user or consumer of ICT in regards to a service or a product offtered by a licensed ICT service provider.
- Do I need to complain to my service provider first? Yes, you should first try to resolve your complaint with your service provider before escalating it to Communications Authority of Kenya (CA)
- When do I escalate the complaint to CA? If the problem remains unresolved after following the provider’s complaints process, or if the provider is not addressing the issue satisfactorily or is non-responsive, the consumer can then escalate the complaint to CA
- What issues can I complain to CA about? Poor Network Coverage on Voice, Data and Media, Poor network signals, Service interruption, billing, Charges/Tariffs, Delay/Failure in service provision, Service Termination, Confidentiality/privacy breach, Unfair trading practices, Fraudulent calls & sms, Unsolicited SMS/Calls, silent calls, Nuisance calls, Frequency interference, Defective terminal equipment, Warranty, Unfair contract terms, postal/courier services (delay or damage), Misleading Advertisements, Cyber crime, Criminal use of services/facilities, Broadcasting (TV & Radio) content and signals/coverage
- How can I file a consumer complaint? Complaints can typically be submitted through various channels such as: Online complaints form on the Authority’s website - www.ca.go.ke Via Email - chukuahatua@ca.go.ke or complaints@ca.go.ke or info@ca.go.ke, Phone call - CA Pilot No.-0703-042000 Chukuahatua mobile Numbers - 07374-45555, 07144-44555, 020-445555 In-person Visit - CA Head Quarters, CA Centre, Waiyaki Way; Western Regional Office, 1st Floor KVDA Plaza, Eldoret; Nyanza Regional Office, 2nd Floor Lake Basin Mall, Kisumu; Coast Regional Office, 3rd Floor, NSSF Building, Mombasa; Central Regional Office, Ground Floor, Advocates Plaza, Nyeri Social media Handles; Twitter; X_@CA_Kenya; Facebook; Communications Authority of Kenya (With CA logo); Linked-in; Communications Authority of Kenya. Correspondence to - Director General, Communications Authority of Kenya, P.O Box 14448 – 00800, Nairobi
- What information should I include in my complaint? Include the following details: Your name and contact information Description of the issue Relevant dates and times Any reference numbers (e.g., invoice number, account number) Copies of any supporting documents (e.g., receipts, emails)
- What happens after I submit my complaint? After submitting your complaint: You will receive an acknowledgment of receipt and a ticket number for reference and ease of follow-up. The Authority will review the details of your complaint and may contact you if additional information is required. Your complaint will be assigned to a team or individual for investigation. The Authorty will contact you with a report on the outcome of the investigation.
- How long will it take to resolve my complaint? The time to resolve a complaint can vary between 1 - 30 days, but the Authority will usually aim to expeditiously resolve your matter. Complex issues may take longer, but you should be kept informed of the progress.
- What if I am not satisfied with the resolution? If you are not satisfied with the outcome: You can request a review of the resolution by the Authority, You are also free to seek redress from the Commission of Administrative Justice (CAJ) popularly known as Ombudsman or Communications and Multimedia Appeals Tribunal (CAMAT) or a Court of Law.
- Is there a cost to file a complaint? Filing a complaint is free of charge
- Can I file a complaint anonymously? Yes ,you are allowed to file anonymous complaints, but it may limit our ability to investigate and resolve the issue effectively. Providing your contact details ensures better communication and resolution
- What if my complaint involves sensitive or personal information? The Authority will handle your personal information with confidentiality as per the Law. CA have in place policies and mechanisms that protect your privacy and ensure your information is not disclosed without lawful cause
- How can I track the progress of my complaint? You will be given a reference number to track your complaint. The complaints handling team will provide regular updates on the milestones of your complaint
- Can I withdraw my complaint? Yes, you can withdraw your complaint at any time by contacting the Authority and informing them of your decision.
- Can I file a complaint with the Authority on a matter that is in court? No. The Authority does not handle matters which are either in court or have been dispensed with by the judicial system.