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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": "mobile network operators for non-telecommunication related services. Many services are already in place, which we will mention later on fintech services. On mobile money services rates including transaction charges, transfer fees, loans and interests, the Committee recommends that the Central Bank of Kenya (CBK) and the CAK formulate and publish regulations within six months on mobile money transaction fees for all mobile money operators. Within six months, the CBK and the CAK should explore modalities of structuring and implementing agent interoperability through the use of a shared technology between mobile network operators engaged in mobile money services and requiring mobile network operators to deposit an agreed annual amount with the Kenya Deposit Insurance as a security for customer funds held in mobile wallets. The CBK and the CAK should conduct an audit of the levels of compliance with anti- money laundering and Know Your Customer (KYC) obligations by mobile network operators engaged in mobile money services within six months. In this particular one, some mobile operators still give out SIM cards without registering them. That is why sometimes you receive a call either from Kamiti or from somebody who even if you searched on Truecaller, you cannot identify them. They need to have serious policies and regulations on KYC. The CAK should conduct an audit of compliance by mobile network operators with SIM card registration within six months. This is basically what I was saying. The CBK and CAK should formulate and publish regulations within six months on interest rates on mobile money. The interest rates should be those applicable to commercial banks for standardisation. That is why we are saying that we need to standardise the rates, whether you borrow for a day or two or for a month, it should be uniform, namely, 13.5 per cent or less per annum. This will require mobile network operators engaged in mobile money services to obtain express consent of the customers with regard to accessing the services and products offered and to clearly disclose to the customers all the charges applicable to the services and products. Sometimes in the past, like about two or three years ago, you could sleep at around midnight or 1.00 a.m. or 2.00 a.m., and you receive an SMS from a mobile operator telling you there is a promotion going on. Of late, they have stopped that because that was intrusive. The CBK and the CAK should audit all unregulated money lending fintech firms which leverage on mobile platforms and subject them to applicable money lending regulations within six months. On access to telecommunication infrastructure, including cell towers, duct, poles and cyber, the Committee recommends that the CAK formulates and publishes regulations on mandatory infrastructure sharing subject to technical, environmental and commercial viability within six months. Basically, the CAK needs to sit down with telecommunication operators, see where they already have towers and whether they can be upgraded to accommodate the others. If the tower is owned by operator A, they should negotiate commercial terms with the other operators, use the Universal Service Fund to build new base transceiver stations accessible to all network operators. This is what I had said earlier. Since we already have close to Kshs8 billion that is lying at the CAK, we want most of the funds to be used to build base stations that are shareable by the four or five operators who are available and also leave space for new entrants. The CAK should formulate and publish regulations allowing the use of telecommunications infrastructure funded by Government agencies by all mobile network operators at a reasonable and uniform fee within six months in consultations with the agencies. In consultation with county governments, the Ministry responsible for roads should develop a licensing framework to harmonise all the charges applicable to the use of wayleaves for laying of fibre and ducts within one year. 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."
}