The Communications Authority of Kenya (CAK) has announced strengthened regulatory measures through a Public Notice dated 25th March 2025, mandating strict adherence to the licensing requirements, import regulations and compliance certification for all Information, Communication and Technology (ICT) products entering the Kenyan market. This means that importers must obtain a compliance certificate before their imported ICT products can be processed through the National Electronic Window System. See the Communications Authority of Kenya Public Notice in the MyGov newspaper dated March 25, 2025 (page 4, bottom-left corner).
What exactly are ICT products?
Under Section 2 of the Information and Communications Act Cap. 411A, ICT products are defined as technologies employed in collecting, storing, using or sending out information and include those involving the use of computers or any telecommunications networks. These include mobile cellular devices 3G/4G/5G and future generations, public switched telephone network equipment (including pabx, fax, telephone handsets), radio communication equipment (including CB, HF, UHF, VHF, Microwave, Satellite), broadcast transmitters and data equipment (including, routers, modems, switches) and digital set top boxes (satellite and cable).
To regulate the importation of ICT products, the CAK issues a Type Approval import permit (compliance certificate) which is processed through the Trade Facilitation Platform (TFP). This measure ensures that all imported ICT products meet Kenya’s standards, safeguarding consumers and maintaining the integrity of the country’s telecommunications networks.
Key requirements for importers
To streamline trade operations and expedite customs clearance, the CAK outlined the following compliance requirements for all stakeholders seeking to import ICT products into Kenya:
1. Import licensing: All importers of ICT products meant for sale must have a valid import license corresponding to the products being imported into Kenya.
2. Type approval process: All importers of ICT products meant for sale are required to attach a copy of the valid compliance certificate associated with the license they hold for which the importation permit is being sought.
3. Invoice requirements: The invoice for the ICT products being imported must include the model number and quantity of the products for purposes of confirming the Type Approval status of the ICT products and facilitating the import procedures in Kenya.
4. Verification of Type Approved products: Importers of ICT products are encouraged to cross reference the list of type-approved equipment on CAK’s website and attach a screenshot of the specific model of the ICT product as per the list.
5. IPv6 compliance for internet-connected devices: For internet connecting devices meant for sale in Kenya, importers are required to attach technical specifications confirming IPv6 compliance requirements, as per the CAK’s IPv6 Migration Strategy point number 7. IPv6 is the latest version of the Internet Protocol, which is responsible for identifying devices on telecommunications networks and routing internet traffic.
Recent enforcement measures
The March 2025 compliance certificate mandate builds on CAK’s ongoing efforts to regulate ICT imports. Just five months earlier (October 2024), CAK implemented similar measures requiring registration of all mobile phones, tablets and computers before sale, a move that aimed to protect consumers and safeguard Kenya’s ICT infrastructure from counterfeit devices.
These layered regulations share one goal, creating a safer ICT ecosystem by keeping non-compliant or potentially harmful devices out of Kenyan homes and businesses.
How to apply for a Type Approval import permit
For businesses importing ICT products, the process of obtaining a Type Approval Permit involves downloading the import license application form for Type Approval ICT Equipment from the CAK’s website, preparing the required documents—including a Letter of Agency from the manufacturer or distributor and detailed Technical Documentation—and submitting the completed import permit application accurately to avoid delays. Applicants must then pay the processing fee of Kshs. 5,000 via mobile money or bank transfer before the CAK evaluates the submission, during which additional information may be requested. Once approved, the Compliance Certificate is issued, granting permission for importation.
Penalties for non-compliance
Failure to comply with the import regulations may result in a fine not exceeding Kshs. One million (1, 000,000) or imprisonment for a term not exceeding three (3) years or both.
Conclusion
By adhering to these regulatory requirements, importers ensure seamless operations, consumer protection and sustainable growth in Kenya’s ICT sector. Stakeholders—including manufacturers, vendors, importers and service providers—are urged to comply with import regulations to avoid penalties and support a secure ICT ecosystem in Kenya.
At CM Advocates LLP, we have a dynamic team of Telecommunications, Media and Technology Lawyers dedicated to helping clients seamlessly navigate Kenya's ICT regulatory landscape including compliance certification, import licensing or any other ICT regulatory matter. If you would like to consult on this article or any other related matter, you may contact the contributor on the email below or the commercial team through commercial@cmadvocates.com.
Contributor
Mercy Chore, Associate mchore@cmadvocates.com