5G regulation and law in Kenya

Kenya currently has 5G coverage in all 47 counties, adding up to over 14% of the population with access to 5G. Safaricom has deployed 1,114 5G sites across 102 towns since the service's launch in October 2022. Kenya's largest telecommunication company, Safaricom Plc,  recently launched its 5G SA network, making Kenya the first country in Eastern Africa to have one. Airtel Kenya, Safaricom’s main competitor, launched 5G services in mid-2023 and has over 690 sites in 39 counties and 285 wards as of June 2024. Airtel aims to reach 1,690 sites by the end of 2024. 

Yes. Companies such as Safaricom Plc have began monetising 5G investments by offering tailored 5G services at a premium compared to 4G services.

5G for industrial purposes such as augmented reality, driverless transport systems, smart metering and robotics has yet to be launched in Kenya. These sectors are yet to take root in Kenya. 

The International Mobile Telecommunications (IMT) spectrum is offered through the Communication Authority of Kenya (CAK), which is offering certain 5G spectrum frequencies through spectrum sharing. This will allow a limited number of licensed users to access the spectrum, under certain conditions. This is often used when the spectrum cannot be released everywhere or within a certain timeframe, or if spectrum use must be coordinated to mitigate interference, with the goal being to offer 5G services more efficiently across the board. With spectrum sharing, smaller private networks are able to provide benefits for finite geographic areas that require high bandwidth, such as industrial facilities, universities, and ports.

While the cost of deploying 5G networks was always expected to be high due to network densification, CAK's strategy for deployment aims to maintain reasonable frequency fees for the 5G spectrum. CAK’s goal is to promote infrastructure investment and encourage swift deployment of 5G networks, allowing operators to focus available capital on network investment. 

Currently, licensees with at least 51% ownership by Kenyans are allowed to pay initial spectrum license fees in equal instalments for 10 years for initial frequency fees above KES. 1 billion (approx. USD. 7.8 million). Locally owned operators who wish to deploy 5G can take advantage of this provision. 

CAK is currently reviewing the spectrum pricing framework to introduce a more equitable model that categorizes charges into low, medium, and high-frequency bands. This approach aims to encourage spectrum use by smaller operators and aligns with emerging technologies, inflation adjustments, and international best practices. CAK has also been actively identifying and revoking unused or underutilized frequency allocations. This initiative aims to reallocate resources to investors capable of providing viable services, thereby opening opportunities for more operators, including smaller entities, to access these critical resources 

Under the Kenya Information and Communication Act (KICA), all radio communication equipment in Kenya must be owned and/or operated under a license, issued by CAK that must be kept in force at all times by regular payment of the prescribed license fee. 

CAK awards spectrum licenses through direct allocation and competitive bidding. The authority considers compliance with technical and operational standards as per the authority’s regulations. Secondly, it looks at the ability to deploy infrastructure to ensure efficient use of the spectrum. Lastly, it looks into financial capacity. 

Generally, all applicants should meet the following minimum conditions:

• The entity should be registered in Kenya as a limited liability company, sole proprietor, co-operative Society or partnership;
• Have a duly registered office and permanent premises in Kenya;
• In the case of a company, the applicant should provide a copy of the certificate of shareholding –CR12;
• Co-operative societies should provide minutes of their last AGM held, by-laws and letters of proof or registration by the Ministry of Co-operatives or the appropriate Ministry;
• A companies with foreign ownership must issue at least 20% of its shares to Kenyans on or before the end of three years after receiving a license; and provide a valid tax compliance and PIN certificate.

Provide Beyond the above, the following would also be considered:

• Deployment timelines: Licensees are required to meet specific infrastructure roll-out schedules to ensure timely deployment of services.
• Coverage obligations: Operators must prioritize coverage, particularly in underserved and rural regions, to promote inclusivity in access to telecommunications services.
• Technical standards: Adherence to established technical standards is mandated to prevent interference and maintain quality of service.
• License terms: Licenses are issued for renewable terms, often spanning 15 years. For instance, Airtel Kenya's spectrum license for the 2600 MHz band, supporting both 4G and 5G deployments, is valid for a 15-year period 

The price of 5G spectrum licenses in Kenya is not yet standardized, and CAK has been cautious in disclosing the exact costs. 

Spectrum pricing in Kenya is typically set by CAK after a comprehensive stakeholder consultation process. Additionally, CAK consults with experts to conduct market analysis and international comparisons using a data-driven approach.

According to CAK, the 5G spectrum pricing is currently based on a "link-by-link" approach. This means that operators are charged for each area where they deploy 5G services, with costs tied to the specific deployment 

None so far. 

Kenya has a structured long-term plan for spectrum management as outlined in CAK's Strategic Plan 2023-2027. This plan focuses on increasing broadband penetration, embracing emerging technologies, and ensuring efficient spectrum use. CAK emphasizes enabling sustainable digital development through responsive regulation and fostering a competitive ICT market. 

Additionally, CAK recently revised its spectrum pricing framework to reflect advancements such as 5G and other next-generation technologies. This framework, updated after stakeholder consultations and market analyses, aims to improve competition and support small and medium enterprises entering the telecommunications market. 

None has been drafted. However, CAK is working on developing policies and regulations to govern 5G service providers and the licensing procedures. 

There are currently no focused 5G network or spectrum sharing regulations in Kenya. 

A number of telecommunication companies in Kenya have noted that cost for spectrum licensing is quite highHave there been any decisions regarding non-compliance with 5G concession obligations?

No 

No.

Kenya's competition laws favour an open and free market policy that supports entry of competitors in sectors such as technology and communications. 

Kenya has no regulations that restrict the use of Chinese technology for 5G. In fact, in 2022, CAK signed a memorandum of understanding with Chinese technology giant Huawei that provided terms on, among other things, growing Kenya's 5G infrastructure. This speaks to the Kenyan lack of opposition to Chinese involvement in the deployment of 5G technology in Kenya. 

There are no public 6G projects currently in Kenya.