The Communications Authority of Kenya (CA) has expressed concerns over the disruption of internet services by the Nairobi City County government in their retaliation over an unpaid wayleave bill by Kenya Power by removing optic cables mounted on Kenya Power poles.
CA which regulates the ICT sector has called for adherence by the Sakaja-led administration to the established legal and regulatory frameworks in handling ICT infrastructure.
The Authority emphasized that fiber optic networks form the backbone of the country’s digital economy, supporting essential services, connectivity, and innovation.
“Any interference with this infrastructure must conform to established legal and regulatory frameworks,” they said in their statement.
“Any unlawful, unilateral action that undermines connectivity should cease forthwith. We urge county governments and public utilities to engage the Authority before initiating measures that impact licensed telecommunications networks. Consumers and businesses affected by this disruption are encouraged to contact their service providers for updates and support,” they added.
They acknowledged City Hall’s mandate in managing the land use but reiterated that telecommunications infrastructure is under national oversight stipulated in the Constitution and Kenya Information and Communications Act (KICA).
CA has since engaged Nairobi County, Kenya Power, and affected internet service providers (ISPs) to facilitate an orderly resolution.
“We urge all parties to exercise restraint, observe, and respect public interest as they work towards an amicable solution,” CA stated as they warned that any unlawful or unilateral action disrupting connectivity should cease immediately.
Further, CA urged county governments and public utilities to consult with them before undertaking actions that impact licensed telecommunications networks. Businesses and consumers affected have been advised to reach out to their respective service providers for updates and support.
The Authority reaffirmed its commitment to safeguarding the integrity of Kenya’s ICT ecosystem and ensuring uninterrupted connectivity for all users.
Yesterday, City Hall started the removal of Optic cables mounted on power poles along Argwings Kodhek Road to disconnect internet cables installed without county approval as they claim Kenya Power owes them Sh4.1 billion as wayleave fees, a claim refuted by the electricity distributor.
They cited Section 223 of the 2019 Energy Act, which prohibits public bodies from charging levies on energy infrastructure without the consent of the Energy Cabinet Secretary.
“On the claim that we owe the county money, arising from wayleave charges, we wish to state that section 223 of the Energy Act 2019 prohibits Public bodies from charging levies on infrastructure without the authorization of the Cabinet Secretary,” KPLC said in their statement.
Nairobi County Revenue Chief Officer Tiras Njoroge accused Internet Service Providers (ISPs) of failing to comply with regulations requiring payment for wayleaves and official authorization to install the cables.
“These fiber 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,” Njoroge said.
He warned the ISPs to ensure that all fiber optic installations on county road reserves have the necessary approvals and that wayleave fees are fully paid.
Njoroge accused KPLC of enabling non-compliant companies to mount fiber optic cables on power lines without county business permits, wayleave approvals, or even authorization from the Communications Authority.
According to the City County officials, KPLC is profiting from public infrastructure without compensating the county.
Finance CEC Charles Kerich pointed out that KPLC leases its power poles and transmission lines to ISPs, allowing them to install fiber optic cables without paying wayleave fees to the county.
“KPLC now hosts optic cables and internet services. Those green and red cables on their poles? That’s internet. They are making money, yet they refuse to pay their debt. Who are we supposed to pay ours to?” Kerich said.
The standoff remains unresolved as both sides hold firm on their positions.