KENYA · TELECOMS · REGULATION
Key Facts
- The country Kenya, in East Africa, wants to change how its telecom firms pay for radio airwaves.
- What happened Kenya’s communications ministry published a revised draft law in November 2026 ending instalments.
- The change Licence fees would be paid in full up front, ending instalments above 1 billion shillings (US$7.7 million).
- The dates Comments close Tuesday 17 November 2026; an online forum meets Wednesday 25 November.
- What to watch It is only a draft, so operators and the public can still push for changes.
Kenya wants mobile phone companies to pay for their radio airwaves all at once instead of over many years. The Ministry of Information, Communications and the Digital Economy put the change into a draft law that it put out for public comment in early November 2026.
For US readers, the draft matters because Safaricom, Kenya’s largest mobile operator by subscribers, and its rivals depend on airwaves for 4G and 5G. Paying up front would raise the cash a company needs before it can launch new services.
What the Draft Says
The draft is the Kenya Information and Communications (Amendment) Bill, 2026, and it runs to about 90 pages. Clause 11 changes section 25A of the current law, which covers how licence fees are paid.
Today, section 25A lets the Communications Authority of Kenya, the telecom regulator, accept airwave (spectrum) fees in equal instalments over up to 10 years. That option applies when the fee is above 1 billion shillings (about US$7.7 million), and the applicant must be Kenyan or at least 51% Kenyan-owned.
The draft deletes subsections (3), (4) and (5) of section 25A, which hold those instalment rules. The bill’s own explanation says the effect is that every applicant must pay the prescribed licence fees in full before the grant of a licence.
Why Airwaves Cost So Much
Spectrum is the range of radio frequencies that carries phone calls, mobile data and 5G signals. A government licenses it to operators, and the fees can reach billions of shillings for a large block.
Under the old rule, a buyer that also promised to build at least 500 base stations (masts that carry mobile signals) in three years could spread the bill over a decade. If that buyer lost its local ownership, the full balance fell due at once.
What Else Is in the Bill
The spectrum clause is one of many changes, so the fee rule may not be the main fight. The draft would also raise several fines, including the maximum for running a telecom network without a licence from 1 million to 5 million shillings (about US$7,700 to US$38,500).
It would add type approval for electronic equipment, meant to curb substandard or counterfeit devices. It would also repeal section 29, a rule on improper use of a telecom system that the High Court declared unconstitutional in 2016.
The Calendar for Comments
The ministry says a multi-stakeholder committee prepared the draft after public consultations, and that this is a revised version. Written comments are due by Tuesday 17 November 2026, using a template in the public notice.
A virtual validation forum follows on Wednesday 25 November 2026, from 9:00 a.m. to noon East Africa Time. As a bill, it still needs to pass Parliament.
What It Means for You
If you own shares in Safaricom through its major shareholder, South Africa’s Vodacom, or in the listed telecom group Airtel Africa, a rule that raises up-front costs could squeeze cash for network spending. The effect depends on how much spectrum each firm buys and when.
Travellers and expats in Kenya will not see a change soon, because the draft is only a proposal. Over time, higher entry costs could slow new 5G coverage, or push firms to build in big cities first.
The shilling traded near 129.8 per US dollar on 4 November 2026, so 1,000 shillings are worth about US$7.70. That rate is the basis for the dollar figures in this article.
What Is Not Known
The ministry has not said why it wants to end instalments, and the draft does not name any operator. It is also unknown whether Parliament will keep the clause as written.
Public information does not show which operators have used the instalment option. The draft has no transitional clause for licences already granted on instalments.
More: Kenya news in English, every day from The Rio Times. Related: how Kenya charges telecoms for spectrum, the court case over spectrum fees and Airtel Kenya’s 5G airwaves deal.
Frequently Asked Questions
What Does Kenya’s Draft Law Change for Airwave Fees?
It would delete the rule that lets Kenya’s regulator accept payment in instalments over up to 10 years. Every applicant would pay the full licence fee before the licence is granted.
Has the Draft Become Law Yet?
No, the ministry has only published a draft bill for comment, and Parliament has not passed it. Comments are due by Tuesday 17 November 2026.
Who Could Be Affected by Upfront Payment?
Any operator seeking airwaves with a fee above 1 billion shillings (about US$7.7 million), the threshold in today’s law. Smaller firms with less cash on hand could feel it most.
How Can the Public Comment on the Draft?
Written comments go to the email address in the ministry’s public notice by Tuesday 17 November 2026. A virtual forum follows on Wednesday 25 November from 9:00 a.m. to noon East Africa Time.
Sources: Communications Authority of Kenya, draft Kenya Information and Communications (Amendment) Bill, 2026, November 2026; Ministry of Information, Communications and the Digital Economy, public notice on validation of the draft bill, November 2026; Kenya Information and Communications Act, section 25A; RT, USD/KES exchange rate, 4 November 2026.
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