EXECUTIVE SUMMARY
The Kenya Information and Communications (Registration of SIM-Card) Regulations, 2015, provide that the authority issues administrative guidelines specifying the manner in which telecommunications operators shall submit to the Authority the records maintained pursuant to Section 4 (3). In accordance with the above law, the Communications Authority of Kenya makes the following guidelines concerning registration of SIM cards.
Registration of Refugees/Aliens
Refugees are assigned the meaning alluded to “Alien. An alien can only be registered to use a SIM card in Kenya upon production of:
- An original passport document
- A valid Alien’s registration certificate, in line with the Aliens Restriction Act, in the case of foreigners including refugees who cannot produce original passport documents.
Validation of Identification Documents by Telecommunication Operators
The telecommunication Operators shall validate the said documents as follows:
- National IDs
- Kenyan Passports: The telecommunications operator shall maintain a copy of this ID.
- Other Passports: The telecommunications operator shall maintain a copy of this ID.
- Alien: The telecommunications operator shall maintain a copy of this ID.
- Military IDs: The telecommunications operator shall maintain a copy of this ID.
Monitoring Compliance and Enforcement of SIM Card Registration
- The Authority are mandated to ensure that compliance of the Legal and Regulatory framework with regards to the SIM card registration by conducting regular surveillance, monitoring and inspections of operator and registration agent operations and systems.
- Registration agents shall be licensed by the Authority in the sale and registration of SIM cards.
- Telecommunications Operators shall ensure that they engage the services of licensed registration Agents with a valid compliance certificates issued by the Authority
- Telecommunication operators shall ensure submission of quarterly reports to the Authority via a secure portal. For Telecommunications operators without an established portal they shall inform the Authority in writing proposing alternative method of submitting returns.
- Telecommunication Operators shall ensure no hawking of SIM card even during promotions. Sale of SIM cards shall be conducted on formal retail outlets
- Registration agents handling SIM cards shall display a copy of their valid compliance certificates, issued by their authority, at all their physical and promotional outlets.
- Telecommunication Operators and registration agents will be required to inform the Authority of any promotional activities they want to perform 14 days in advance, including their venue, county and duration.
Reporting Framework
The following are the records that Telecommunication Operators are required to provide to the Authority, on a quarterly basis, according to The Kenya Information and Communications (Registration of SIM-Card) Regulations, 2015 Section 4 (3).
- List of all the agents and their contact details.
- SIM cards issued to their agents and sales made by each during the reporting period.
- The registered subscribers made by the Telecommunication Operators and their agents and any changes made.
- Number of verification requests against Integrated Population Registration System (IPRS) and Personal Identification Secure Comparison and Evaluation System (PISCES).
- Measurements taken to ensure customer information and personal data are secured.
- Submit to the Authority a report of its operations on the maintenance of these records on an annual basis or upon request by the Authority.
Non-Compliance with these Guidelines.
Where the licensee fails to comply with the guidelines stated above, the Authority will penalize the licensee in accordance with license conditions, relevant conditions including the Kenya Information and Communications (Registration of SIM Card Registration) Regulations 2015, Regulation 19. (3) of the Kenya Information and Communications (Licensing and Quality of Service) Regulations, 2010 and the Act.
CONCLUSION
Getting multiple SIM cards in Kenya is so easy with the many hawkers selling SIM cards at every street. Most don’t even demand to confirm the client’s Identification Document because they are more interested in making sales than they are with security.
Just recently, some malicious hackers were arrested and found in possession of multiple SIM cards that they use to defraud subscribers. Some of these hawkers are not genuine and can use the information provided during registration to pose as you or use it against you.
There we think that these regulations will reduce the number of cyber attacks related to SIM cards therefore keeping subscribers and their personal data safe.