Mobile companies could be compelled to pay their Sh10 for every call dropped on their networks under a bill amending the Communications Act.
The Kenya Information and Communication (Amendment) Bill 2019 seeks to prevail on the telecommunication firms to improve service quality.
The Bill sponsored by Gem MP Elisha Odhiambo limits compensation to three dropped calls a day per customer.
Customers whose calls are cut due to third-party interference will not be eligible for compensation by the telcos.
“A licensee shall not be liable to compensate a customer where a call gets cut due to a third-party interference on the licensee’s connection lines or inevitable accident,” the Bill reads.
It has already been published in the Kenya Gazette and is due for introduction in the House at any time.
It also would give telcos the legal mandate to engage in any other business aside from telecommunication services, provided they split the businesses are licensed by the relevant regulators.
This requirement will be a blow to Safaricom, Airtel and Telcom companies that have ventured into other businesses, such as mobile money — but are operating under the same license.
Last week, Safaricom declared a Sh64.3 billion net profit in the last financial year. A huge part of the profits came from its mobile money business.
Those who fail to disclose and obtain licenses for their other businesses risk a Sh10 million fine, two years in jail or both.
The legislator said the Bill seeks to compel the telcos to invest in infrastructure to guarantee services for customers making calls.
"These companies are earning huge profits but they are not investing in infrastructure. The infrastructure is still the same, that is why even if you call, the conversation is not clear. They don’t even pay customers for call drops,” Odhiambo told the Star yesterday.
The Bill also seeks to broaden the Universal Service Fund beyond the roll-out of network infrastructure. It also outlines a new reporting formula for the Communications Authority.
"Twenty per cent of the fund shall be used for increasing access to telecommunications and advanced services in schools, libraries and rural health care facilities. Some 10 per cent shall be used for ensuring increased nationwide access to advanced telecommunications services," the Bill reads.
Odhiambo told the Star, "I want the fund used properly so that constituencies can have Wi-Fi. Unlike in Europe and the US where all in the public vehicles and trains, there is Wi-Fi supported by mobile companies free of charge, in Kenya, we are still grappling with a poor network. Why don't we have such free Wi-Fi in Nairobi?”
(Edited by R.Wamochie)
