Kenya’s Communications Authority – a body entrusted with regulating the ICT sector on the country has taken a step to protect sector’s lucrative jobs to Kenyans and issued a draft of regulatory changes that will restrict technical installation and maintenance jobs in the telecommunications industry to Kenyan citizens and permanent residents. The move is in a bid to protect local jobs and update the licensing framework to reflect the rapidly changing technology. While we don’t expect the draft regulations to lead to only Kenyans working in the ICT sector, but they’ll have an upper-hand when it comes to fillin gup vacant positions.

Key Provisions of the Proposed Rules

Restriction on Foreigners

In the draft regulations, the authority has made it categorically clear that only Kenyan citizens or holders of permanent residency visas shall qualify for telecommunications technical personnel licenses.

“Only Kenyan citizens and holders of permanent residency visas shall be eligible to apply for telecommunications technical personnel licences,” the draft reads.

Applications are also required to show knowledge and experience in line with the country’s Recognition of Prior Learning Framework. We’ve seen cases whereby even what Kenyans commonly refer to as menial jobs such as digging up trenches to lay cabling being done by foreigners, yet there are many Kenyan’s looking for such opportunities with more than needed experience.

Unified Licensing Structure

• The new system has scrapped the internal and external wiring permits division.
• The license will enable technical staff to perform the installation and maintenance of the IP network, abetted by a single license.
• The reason for discarding the older categorization, the CA said, was that the communications world has shifted to optical fiber technologies from copper and wireless technologies.

Inclusion of IT and Engineering Professionals

The proposed framework will widen the eligibility for licenses to include professionals in IT and related fields, which the present structure has failed to fill.

Licensing categories for professionals based on qualifications:

• Class A: For degree holders
• Class B: For diploma holders
• Class C: For certificate holders

Fees and Licensing Term

The proposed licensing fees are as follows:

• Application fee: Ksh 500
• Initial license fee: Ksh 1,000
• Annual operating fee: Ksh 500

Licenses will be valid for a period of 10 years, renewable.

Justification of the Changes

1. Job Protection for Locals
   The new regulations are mainly aimed at creating opportunities for citizens in a sector that has been dominated by foreign technical expertise.
2. Technological Advancements
   There’s also a need to upgrade from copper networks which have been used in the sector for years but have since been rendered obsolete in favor to fiber optics and IP-based systems which necessitates new licensing provisions that reflect current technical needs.
3. Streamlined Licensing
   The new single licensing regime eliminates the headache, as one can practice across different technical fields without having to apply for different licenses.
4. Recognition of Training and Expertise
   In absorbing IT and engineering professionals, the CA hopes to break the bottlenecks that have denied licenses to competent personnel with relevant training and experience.

Impact on the Industry

1. Local Population Involvement
   The draft regulations where only Kenyans and permanent residents are allowed to hold licenses will create employment opportunities to the locals.
2. Positive Impact on Technical Education
   This may also help in enhancing the chances for more and more students to opt for higher education and certification in IT and telecommunication.
3. Potential Challenges for Businesses
   Companies that have been accustomed to employing expatriates may have some difficulties in adhering to the new guidelines that may also impact the current projects and services.
4. Enhanced Regulation and Oversight
   The most likely outcome of a well-organized licensing process and new guidelines is the enhancement of the regulatory framework for the regulation of telecommunication infrastructure to meet the present day requirements.

The World Bank has rolled out a cash transfer program that is intended to help reduce teen pregnancies and allow adolescents-especially teenage mothers to stay in or return to school. Christened Cash-plus Programme, the project will target 20,000 poor households in Kenya and be implemented alongside the government’s Inua Jamii National Safety Net Programme (NSNP).

Addressing Teen Dropouts and Early Pregnancies

The program launch comes amidst a high rate of school dropouts among adolescents aged between 10–19. According to statistics, pregnancy and early marriages are leading to dropping out of school among teens. In 2023, pregnant adolescents dropped by 1.9% to 253,314; however, the numbers are still alarming.

The Cash-plus Programme provides financial incentives to poor families for education, while requiring that adolescents stay in, or return to, school. The World Bank defines success as years of schooling added or the re-enrolment of dropouts. For those who are unable or unwilling to go back to school, vocational skills training will be provided instead.

Supporting Services

Beyond monetary support, the program encompasses other services to meet broader challenges during adolescence, including:

• Social and Behavioral Change Activities: Targeting parents and communities to create a supportive environment.
• Case Management and Psychosocial Support: To serve young mothers and other vulnerable adolescents.
• Life Skills Training and Mentorship: Resilience building and promoting positive peer relations.
• Childcare Support: For school-going teenage mothers.

Collaboration and Monitoring

The Ministry of Education (MoE) and the Directorate of Children’s Services (DCS) will also be involved in the implementation and monitoring of the programme in relation to regular school attendance and flagging of risk factors for appropriate intervention. Similarly, awareness creation and protocols of data sharing among these agencies aim at ensuring that this operation works smoothly.

Critics and Challenges

Critics say that paying children to go to school devalues the intrinsic value of education and commercializes the process. But the World Bank argues that too often, for financial reasons, adolescents are pushed into child labor or early marriages, making it impossible for them to continue their education.

A Broader Vision for Inclusion

The Cash-plus Programme is one of the interventions that are implemented within the Second Kenya Social and Economic Inclusion Project that seeks to enhance social inclusion of households. This is against the background that 1.13 million children of primary school age have dropped out of school and the programme could be a life saver for those who are likely to drop out.

Through addressing the structural barriers that affect education, the initiative wants to enable the youth in Kenya become agents of change by providing them with an opportunity to rise out of poverty and acquire marketable skills. The end vision is to eradicate poverty and create an educated and strong nation.

Kenya’s Communications Authority has begun raising concerns over the existence of unauthorized Internet Service Providers operating in the country. According to the commission, these providers have sprouted following increased demand for internet services that has been occasioned by increased use of online classes, e-commerce and workers working remotely.

Unlicensed ISPs Operating on Licence-Free Bands

The CA disclosed that most illegal ISPs operate licence-free frequency bands, whose use was previously reserved for ISM applications. Most of these networks cover localized areas, usually highly populated urban estates, but cannot boast the kind of extensive coverage that is characteristic of licensed NFP-T3 operators.

“The Authority has observed a growing increase in unauthorized ISPs across the country,” the CA observed.

The Current Internet Market Landscape

The largest player in Kenya’s fixed internet market is Safaricom with 36.4% of the market with over 545,000 connections. Safaricom is followed by Jamii Telecommunications at 24%, while Zuku, owned by Wananchi, ranks third at 17.5%. In the last couple of years, some emerging local ISPs like Vilcom, Poa Internet, and Vijiji Connect have jumped into the market.

Meanwhile, Elon Musk’s Starlink began to gain momentum, capturing 0.5% market share in the first year. Its satellite internet services have grown satellite subscriptions to over 8,300 as of mid-2024.

Quality and Pricing Challenges

Competition increased with the growing number of ISPs and brought prices down. In turn, though, more ISPs translated into a patchwork of service quality, especially to low-income areas and satellite towns.

Regulatory Questions

The entry of global players, including Starlink, has seen debates on regulation. Local providers such as Safaricom have been pushing, albeit unsuccessfully, for regulations compelling Starlink to partner with Kenyan companies.

Growing Internet Subscriptions

Internet subscriptions in Kenya are increasing, driven by digital dependence in the workplace, education, health care, and entertainment. CA, in its 2024 review, indicated that competitive tariffs and special offers played a role in raising adoption rates.

The Office of the Director of Public Prosecutions on Tuesday morning 31st 2024 made an application at the Milimani courts to be allowed to retain mobile phones confiscated from 23 people arrested during yesterday’s anti-abduction protests in Nairobi. Among those arrested was Busia Senator Okiya Omtatah.

ODPP’s Request to Extract Data

In the application, the ODPP said it needed the assistance of the Communication Authority of Kenya to retrieve the communications data. Part of the ODPP’s statement read:

“THAT, the mobile phones of the suspects need to be taken to Communication Authority of Kenya to extract WhatsApp, Facebook and X messages and photographs taken that are inciting members of the public against the state.”

The ODPP further wanted CCTV footage from nearby businesses, including Java and Naivas, to add to their case against the protesters.

Apprehensions of Privacy and Surveillance

This has raised a storm of debate among Kenyans about the ability of the CA to mine private communications on encrypted platforms such as WhatsApp and Facebook Messenger. Meta, the parent company of these platforms, assures users of end-to-end encryption, which theoretically prevents third parties from accessing message contents.

The request plays into the communications regulator’s recent moves to increase surveillance. That also includes a proposed monitoring of cybercafés and other public internet access points, raising public concerns about privacy. The timing is remarkable, considering the year’s prevailing fears of government misuse of phone data for tracking and possible abductions.

The case filed in Milimani courts sets critical questions of the balance between national security and individual privacy in Kenya’s increasingly digitized communication landscape.