Our Partner, Brian Tororei, contributed the Kenya Chapter in The Technology, Media and Telecommunications Review – Edition 8. The fully updated edition provides an overview of evolving legal constructs in 26 jurisdictions around the world. It is intended as a business-focused framework for both start-ups and established companies as well as an overview for those interested in examining evolving law and policy in the rapidly changing Technology, Media and Telecommunications sector.
The Chapter on Kenya takes an eagle view on the developments within the Technology, Media and Telecommunications Sector in Kenya from the laying down of the Kenya ICT Master Plan 2017 in 2013, the landing of various submarines cables, the launch of the National Optic Fibre Backbone infrastructure (NOFBI), the digital migration in 2015 and takes an telescopic view into the future of Blockchain Technology, Internet of Things, Geospatial Information Systems and the deployment of 4G among others.
It gives a brief overview of the Technology, Media and Telecommunications Sector in Kenya followed by broad discussions on Technology, Media and Telecommunications Sector Legal and Regulatory Framework; Telecommunications and Internet Access; Spectrum Policy; Media; The Year in Review and the Conclusions and Outlook.
Detailed discussions touch on issues such as the regulators in Kenya’s Technology, Media and Telecommunications Sector, the Regulated Activities; Ownership and market access restrictions; Transfers of control and assignments; Internet and internet protocol regulation; Universal service; Restrictions on the provision of service; Security; Spectrum Policy Development; Flexible spectrum use; Broadband and next-generation mobile spectrum use; Spectrum auctions and fee; Restrictions on the provision of services in Kenya’s Media Industry; and Internet-delivered video content.
Under the 2017 Year in Review, the Chapter highlights a number of developments in the Technology, Media and Telecommunications Sector including the cabinet approval of the Computers and Cybercrime Bill, 2017; and the approval of the Draft Wireless Broadband Spectrum Policy, 2017.
The Chapter also gives a brief review of the Republic v. Communications Authority of Kenya ex-parte Geonet Communications Limited & 5 others, High Court of Kenya at Nairobi, JR Miscellaneous Civil Application No. 358 of 2015,  eKLR (G V Odunga J, 19 September 2016) where GeoNet Communications Limited indicts Kenya’s three major and other MNOs for violating the interconnection regulations.
The Chapter concludes with a positive high noting that Kenya is moving rapidly towards its target of being Africa’s ICT hub notably with the landing of various submarine cables and the deployment of NOFBI.
The Chapter appreciates that increased internet penetration and access is likely to be experienced with continued deployment of the NOFBI by private telecoms through the last-mile connections and their respective fibre network.
The Chapter looks out for increased deployment of 4G and enhanced use experience, the passing of the Computers and Cybercrime Bill, 2017 into law as a major boost to cybersecurity, increased interest and investment in internet of things (IoT) by both government and private players in the ICT sector.
The Chapter forecasts the adoption of IoT for the deployment of an asset data hub providing for, inter alia, asset unique identifiers, a transport information management system and smart ID cards for livestock and the adoption of Blockchain Technology in the banking and financial services sector, the health sector, the insurance sector, the stock trading sector and the land sector.
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