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"id": 893188,
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"type": "speech",
"speaker_name": "Marakwet West, JP",
"speaker_title": "Hon. William Kisang",
"speaker": {
"id": 2263,
"legal_name": "William Kipkemoi Kisang",
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"content": "g. Access to telecommunication infrastructure including cell towers, ducts, poles and fibre. h. Provision of content services. i. Mobile airtime and data rates including airtime loans and service fees. j. Proposals on the measures to address gaps that contribute to anticompetitive behaviour or restrict growth in the sector. 2. What the players in sector have done to ensure fair play in the sub-sector. 3. Whether the Communication Authority (CA) has adequately protected competition in the sub-sector. The Committee wrote to key stakeholders in the telecommunication sub-sector and placed an advert in the local dailies on 3rd September, 2018 inviting them to submit their views on legislative and regulatory gaps affecting competition in the sector. Thereafter, the Committee held several meetings where it met the stakeholders to consider submission received incorporated in the Report. A total of 13 memoranda were received from members of the public and stakeholders in the telecommunication sub-sector through the office of the Clerk of the National Assembly. The Committee further held 14 meetings with the CA, Telkom Kenya Limited, Jamii Telecommunication Limited, Airtel Kenya Limited, Central Bank of Kenya, Finserve Africa Limited, Safaricom PLC, Mobile Pay Limited, Wananchi Group, Liquid Telcom, Competition Authority of Kenya, Consumer Federation of Kenya and Safaricom Dealers Association. Thereafter the Committee proceeded for a report writing retreat which provided them an opportunity to consider the submissions of the public and stakeholders and to further draft, consider and approve the Report. The telecommunication sub-sector in Kenya has grown exponentially since it was liberalised in 1999. The sub-sector has undergone rapid dynamism to the extent that it has become a fundamental driver of the economy. Every year the Exchequer through the Kenya Revenue Authority (KRA) gets a fat cheque from the telecommunication sub-sector. The liberalisation also increased the number of operators, competition and additional services to the consumers such as internet access through mobile phones and reduced tariffs. The mobile telecommunications sub-sector has, over time, witnessed entry and exit of some players. The entry of new operators has seen the introduction of additional services such as SMS, USSD, mobile money transfer, data, banking and short-term loans. This has led to increased levels of innovation and competition among the operators which is very healthy. However, some of the operators seem to entrench dominance in the telecommunication sub-sector and concerns have been raised on the alleged dominance. That is why, on our own volition as a Committee, we decided to do an inquiry. Parliament enacted the Competition In Contracting Act (CICA) Bill, 1998 which provides for the establishment of the Communication Commission of Kenya currently the Communication Authority which is responsible for facilitating the development of information and communication sub-sector. The Constitution of Kenya and CICA, 1998 and the regulations made sometime in 2015 and the Competition Act of 2010 outline the legal provisions covering the telecommunication sub-sector in Kenya. To implement freedom of media, the Constitution of Kenya places an obligation on Parliament to enact legislation to provide for the establishment of a body that is to be independent of control by the Government, political interests or commercial interests, reflect sections of society and set media standards and regulate, monitor compliance of those standards. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}