The Communications Authority of Kenya has issued a firm directive warning property owners and managers against restricting tenants’ access to licensed telecommunication service providers, saying such actions are unlawful and violate consumer rights.

The regulator, which oversees Kenya’s ICT sector under the Kenya Information and Communications Act, 1998, raised concern over the increasing number of private and public premises where access to certain service providers is being denied or restricted, or where only specific providers are allowed to operate.

In a public notice, the Authority reminded all landlords, property managers, and institutions that consumers have the constitutional right to choose their preferred service providers.

It cited Articles 33, 34, and 35 of the Constitution, which safeguard freedom of expression, access to information, and media freedom, warning that restricting access to communication services goes against these protections.

“The public should know that denying access or locking-in specific providers in premises is contrary to the Constitution,” the statement read on Tuesday.

The Authority also referred to sections 84U and 84V of the Kenya Information and Communications Act, which prohibit denial of access to communication services and require licensees to provide equal opportunity for access to the same type and quality of service to all customers within a given area.

To address the issue, the Communications Authority has now directed landlords, property owners, and managers to stop any practices that deny or limit access to licensed service providers.

“All licensed service providers should be given equal treatment in terms of access to the premises, to give the consumers and users of communication services the right to determine and choose their service provider,” the Authority stated.

The CA further urged the public to procure communication services only from licensed and compliant providers. It advised that an up-to-date list of licensed entities is available on its website via the link https://www.ca.go.ke/licensee-register.

Additionally, the Authority ordered that any communication infrastructure and services deployed within premises must be supported by a valid compliance certificate issued by the Authority. “This certificate should be produced and be displayed in the contact office of the utilizing premise,” the notice said.

The Authority also emphasized that landlords and managers are responsible for ensuring the safety of communication systems within their buildings and must prevent any form of vandalism or interference with the installations.

“ICT services are critical in powering the socio-economic development of our country and as such, the public is advised to desist from obtaining services from unlicensed or non-compliant licensees to ensure better quality of services and robust consumer protection,” said CA Director General and CEO David Mugonyi.