The recent disconnection of fibre optic infrastructure by Nairobi County has raised concerns among ICT stakeholders, prompting a response from the Communications Authority of Kenya (CA).
In a statement on Tuesday, February 25, CA called for a structured approach to resolving the dispute between the County and Kenya Power, noting that ICT infrastructure oversight falls under national regulatory frameworks.
"Preliminary inquiries indicate that the actions of Nairobi County stem from a dispute over wayleave fees and alleged non-compliance by Kenya Power regarding the use of public infrastructure.
"While the Authority respects the devolved functions of county governments, including their role in managing local land use, we strongly emphasize that ICT infrastructure falls under national oversight according to the Constitution and KICA," the statement read.
CA said it is currently engaging with Nairobi County, Kenya Power, and affected ISPs to find a resolution while urging all parties to exercise restraint.
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"The Authority is actively engaging Nairobi County, Kenya Power, and affected ISPs to establish the facts and ensure that any enforcement measures are orderly and comply with due process and national policy.
"We urge all parties to exercise restraint, observe, and respect public interest as they work towards an amicable solution. Any unlawful, unilateral action that undermines connectivity should cease forthwith," the statement added.
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Meanwhile, CA has advised consumers and businesses affected by the disruption to contact their service providers for updates as discussions continue.
"Consumers and businesses affected by this disruption are encouraged to contact their service providers for updates and support. We remain steadfast in our mandate to safeguard the integrity of Kenya’s ICT ecosystem and will provide further updates as the situation develops," the statement concluded.
Earlier Tuesday, Nairobi County Revenue Chief Officer Tiras Njoroge launched a crackdown against ISPs, noting that some service providers had not paid to use the wayleaves.
He added that the providers had also not sought authorization from the county before providing the services.
“These fibre lines are illegal. We have given the ISPs ample time to pay for hosting them on these poles, but they have refused. They have neither paid for wayleaves nor sought county approval,” he stated.
Therefore, Njoroge noted that they were disconnecting the services for the providers who depend on Kenya Power poles for the connections.
He mentioned that Kenya Power has been complacent in aiding the providers to contravene the law.
"It is unfortunate that KPLC is helping these companies evade regulations while denying the county its rightful revenue,” Njoroge added.