The Communications Authority of Kenya (CA) has issued a strong warning to landlords, public institutions, and property managers over a growing trend of restricting access to licensed telecom providers. The move, the Authority says, infringes on both consumer rights and the principles of fair competition in the telecommunications sector.
In a public notice released on July 15, 2025, CA Director General David Mugonyi stated that some entities are either favouring certain providers or completely denying others access to their premises.
“It is important to note that consumers and users of communication services have a right to choose their service provider from among the licensed entities,” Mugonyi said, according to The Star Kenya.
Legal Backing: Constitution and ICT Act
The CA emphasized that such restrictive practices violate the Kenya Information and Communications Act, 1998, particularly Sections 84U and 84V, which prohibit denial of access and require equal treatment of service providers. The Act mandates that all customers in a given location should have equal access to quality communication services.
In addition, the Kenyan Constitution guarantees these freedoms under Articles 33, 34, and 35, which protect:
- Freedom of expression
- Freedom of the media
- Access to information
These provisions form the basis for consumer choice and digital inclusivity, according to CA’s interpretation of the law.
CA’s Directive to Landlords and Institutions
With the warning now public, the CA has directed all landlords and property managers to:
- Allow equal access to all licensed and compliant telecom providers
- Only contract services from firms listed in the official CA licensee register
- Ensure security and protection of any installed communication systems on their premises
The Authority further cautioned that use of unlicensed service providers could expose consumers to substandard services and weaken consumer protection safeguards.
Impact on the Telecom Sector
This move comes at a time when competition among telecom providers is intensifying in Kenya. Providers such as Safaricom, Airtel, and Telkom Kenya are rapidly expanding their infrastructure, and restrictions on access to buildings could distort competition.
Industry analysts argue that consumer freedom to choose a provider is vital for driving innovation, affordability, and improved service delivery. Limiting provider access risks turning buildings into monopoly zones, where residents or tenants are forced to use one service regardless of its quality.
The CA’s firm stance echoes global regulatory trends. Similar warnings have been issued by regulators in other countries to preserve open market access and consumer rights in the digital economy, as seen in ITU guidelines on fair competition.
Read Also:Kenyans to Enjoy Lower Calling Rates Following Drop in Interconnection Rates by ICT Regulator
Key Takeaways:
- CA warns landlords against blocking licensed telcos, citing consumer rights and competition laws.
- Restricting access violates both the Kenyan Constitution and the ICT Act of 1998.
- Landlords must offer equal access to all providers listed in the CA’s public licensee register.
- Use of unlicensed service providers is discouraged due to quality and safety risks.
- The move seeks to protect consumer choice and market fairness in Kenya’s digital sector.
