Yesterday, we told you that the Attorney General wrote to the ICT Cabinet secretary seeking the withdrawal of the regulations from parliament that would give the Communications Authority of Kenya powers to declare any players in the telecommunications business as dominant. The regulations totaling 11 in number, included a deletion of a clause in the current law, requiring a prove that the player seen as dominant is actually abusing their powers.
The laws pitted the Communication Authority of Kenya and the ICT ministry against Safaricom, which is the largest player in the business. Competition Authority of Kenya (CAK), the body charged with the mandate of regulating and creating a fair field in all sectors of the economy has previously stated that Safaricom is in no way abusing its dominance. CAK wrote to the AG arguing that the move to introduce the new laws was misinformed as some of the clauses were retrogressive. The Attorney General on the other hand, advised that the Communications Authority and the Competition Authority of Kenya, have a sit down, to decide a way forward on the dominance matter.
A report carried by the Daily Nation quotes the Communication Authority of Kenya Director General Francis Wangusi as saying the body will continue in its quest t0 seek the passing of the dominance regulations. The Nation quotes Wangusi as saying they will seek to broaden its reach to broadcasting and courier services. The clarion call for the regulation has been championed by Bharti Airtel, which is the second largest player in the Kenyan market. The regulations would allow for CA to declare Safaricom as the dominant player owing to its market share and thus proceed to have a say in its tariffs.
Source: Daily Nation