The prolonged dispute pitting mobile network operators (MNO) against Internet-based telcos has highlighted legal gaps in the identification of subscribers in compliance with registration requirements in a digital setting.
The law requires that subscribers to telecommunication services licensed by the Communications Authority of Kenya (CA) physically present themselves to the provider, or its agent for registration.
Voice over Internet Protocol (VoIP) service providers operating in Kenya such as Geonet and Elige the owners of the Ambia calling platform however argue this requirement has long been overtaken by technological advancements.
High Court judge David Majanja in a judgment issued on March 17, 2023, noted that the fact that VoIP services do not use SIM cards did not exclude them from the framework of the Act and regulations.
“I agree with the (CAMAT) tribunal that if at all a regulation has been overtaken by a technological advancement, then the appropriate recourse is to amend and or repeal the Act or Regulation,” he said.
