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The Communications Authority of Kenya (CA) has directed ICT equipment dealers to obtain type approval for their products, warning that failure to comply with this requirement will lead to legal consequences as outlined in the ICT sector regulations.
Type approval is a regulatory process whereby the authority assesses and certifies ICT equipment to ensure it meets technical standards, safety requirements, and electromagnetic compatibility (EMC) guidelines. This certification is compulsory for all ICT equipment intended for use within Kenya, including smartphones, routers, modems, tablets, vehicle trackers, and satellite transceivers.
Additionally, the ICT sector regulations encompass computer-related offenses, focusing on the timely and effective detection, prohibition, prevention, response, investigation, and prosecution of cybercrimes.
Under the constitution, individuals found guilty of breaching the ICT Sector Law may face a prison sentence of up to three years or a fine of Ksh 5 million ($38,759) for violations under Section 7, and up to Ksh 250,000 ($1,937) for offenses under Section 8.
This announcement comes on the heels of reports indicating that the government plans to target Kenyans who possess phones imported into the country without proper tax documentation. Such phones may be automatically blocked from accessing any network, which aims to bolster revenue collection in the telecommunications sector as the state seeks alternative sources of income.
The proposed ICT Authority Bill 2024, introduced in May 2024, requires ICT operators to obtain an operational license. This legislation aims to enhance the delivery of ICT services by ensuring security, efficiency, and high quality, while also facilitating the integration of ICT into public service delivery.
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