MEMORANDUM ON The Draft Kenya Information and Communication Act Amendment Bill, 2023

KICTANet submitted this memorandum responding to the call for input on the
Kenya Information and Communications Amendment Bill 2023. The memorandum
captures the concerns and highlights the proposals on relevant provisions
of each of the Regulations.

We would be glad to provide further input and perspectives on the
Regulations, as and when required, and the debate can still go on.

Linkt to the Memorandum:

We want to thank those who contributed to the call for public participation.

Some of the contents of the bill are on *programming code, spectrum fees
waiver, and “dominant telecommunications service provider” *

Section. 27.
(l) ensure content aired during watershed period is appropriately
classified and suitable for the period;
(m) ensure that programming on betting and gaming activities is duly
authorized by Betting Control and Licensing Board

Section 47
(4) The Authority may, by notice in the Gazette, declare a person or
institution to be a “dominant telecommunications service provider” for the
purposes of this Act.
(5) In making a declaration under subsection (4), the Authority shall
consider —
(a) the market shares of the telecommunications service provider being at
least fifty per cent of the total revenue of the entire telecommunications
(b) significant market power enjoyed by the telecommunications service
provider; and
(c) any other consideration the Authority may determine

Section 48
(4)The Authority in consultation with the National Treasury and on the
recommendation of the Cabinet Secretary may waive spectrum fees where
appropriate, to facilitate the provision of universal service in unserved
and underserved areas of Kenya.

Best Regards,
Mwendwa Kivuva, Nairobi, Kenya