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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Paying lip-service to the principles of regulation: a comparative critique of Kenya's telecommunications law
Author:Muriu, Daniel WanjauISNI
Year:2002
Periodical:Journal of African Law
Volume:46
Issue:1
Pages:14-30
Language:English
Geographic term:Kenya
Subjects:government policy
telecommunications
privatization
External link:https://www.jstor.org/stable/4141319
Abstract:The reluctance of the Kenyan government to implement liberalized economic policies has frustrated the proper liberalization of the Kenyan economy and, specifically, the telecommunications industry. The process of liberalization of the telecommunications industry was carried out without a proper plan and in haste. The result was a poorly written Telecommunications and Postal Sector Policy Statement and badly drafted legislation to implement the policy. Furthermore, both the policy statement and the legislation were the result of unilateral actions of the government, which chose not to involve the public and particularly the stakeholders in the telecommunications industry in the formulation of both. Following an examination of the historical development of the telecommunications industry in Kenya, this paper discusses some of the key principles of regulation that ought to be central to the process of moving away from State ownership to private enterprise. This is followed by an analysis of the Kenya Communications Act, Act no. 2 of 1998, incorporating a comparative study of the regulatory laws of other Commonwealth countries, viz. South Africa, Sri Lanka, Cameroon, Uganda and Ghana. The paper suggests that reform of the said Act is necessary and points out some of the areas where changes are required. Notes, ref., sum. (p. I).
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