Communications Authority of Kenya Issues Directive To Landlords Baring Licensed Internet Service Providers

The Communications Authority of Kenya (CA), the country’s ICT industry regulator, has issued a public notice emphasizing the legal requirement for landlords, property owners, and public or private entities to grant access to licensed communication service providers. This move is aimed at upholding consumer rights to freely choose their preferred service providers and ensuring equal access to communication services across the country.

Established under the Kenya Information and Communications Act (KICA), 1998, the CA plays a pivotal role in regulating telecommunications, cybersecurity, broadcasting, postal and courier services, and managing critical national resources such as frequency spectrum and numbering. It also oversees the Universal Service Fund (USF), which extends ICT services to underserved areas.

Denial and Limitation of Access in Contravention of the Law

In the recent notice dated July 2025, the CA raised concern over reports that some landlords and public/private institutions are unlawfully restricting or denying access to specific licensed service providers. These restrictions include either outright refusal to allow providers to install services or creating monopolistic arrangements with single providers, thereby locking out competition.

The Authority highlighted that such practices violate several constitutional and statutory provisions:

• Constitution of Kenya, Chapter Four – Bill of Rights (Articles 33, 34 & 35), which guarantees freedom of information and communication access.
• Section 84U of KICA, which prohibits denial of service or access unless due to delinquency or another justifiable cause.
• Section 84V, which mandates service providers to offer equal service quality to all customers without discriminatory technical or geographical limitations.

Directive to Landlords and the Public

To ensure compliance and protect consumer rights, the Authority has issued the following directives:

• No landlord or entity should deny or limit access to any licensed service provider.
• All service providers must be treated equally in terms of access to premises and facilities.
• Consumers must retain the right to select their provider of choice based on quality and affordability.
• Only licensed and compliant providers should be engaged, with verification available on the CA’s official licensee register at https://www.ca.go.ke/licensee-register.
• All deployed ICT systems must have a valid compliance certificate issued by the Authority, visible at the site of installation.
• Property owners must ensure the safety of installed systems and protect against vandalism or unauthorized interference.

A Call to Uphold Service Integrity and Consumer Protection

The notice, signed by CA Director General David Mugonyi, warns against sourcing services from unlicensed or non-compliant operators, citing risks to service quality and consumer safety. He underscored the importance of a competitive ICT ecosystem in driving Kenya’s socio-economic transformation, and reiterated that regulatory compliance is non-negotiable.

The Authority maintains regional offices across the country, including Nairobi, Mombasa, Kisumu, Eldoret, and Nyeri, to enhance public access to services and support implementation of its directives.