By Jerameel Kevins Owuor Odhiambo
Spectrum management is a critical pillar in enabling equitable access and efficient deployment of next-generation networks such as 5G. In Kenya, where the goal is not only to foster high-speed connectivity but also to bridge digital divides, legal levers play an essential role in shaping how spectrum is allocated, used and managed. This article explores practical, Kenya-centered approaches, while drawing on comparative experiences, to show how legal tools can support efficient and equitable 5G rollout.
First, it is useful to situate Kenya’s current status in relation to 5G deployment. According to an expert guide on 5G regulation in Kenya, Communications Authority of Kenya (CAK) reports that one operator, Safaricom PLC, has deployed over 1,100 5G sites in more than 100 towns since its launch in October 2022. Another operator, Airtel Kenya, had over 690 sites by June 2024 across 39 counties and intends to reach 1,690 sites by end of 2024. These real-world numbers show that deployment is underway, but adoption remains lower than potential, especially outside the major urban centres.
One key legal lever is the regulatory framework that defines spectrum as a national resource held in trust and mandates its efficient and equitable use. In Kenya’s “Frequency Spectrum Management Guidelines 2020”, the CAK states that the radio frequency spectrum is “a scarce national and natural resource that is held in trust and managed by the Authority on behalf of the people of Kenya.” The guidelines further emphasize planning for efficient utilization, stakeholder participation, and fairness in allocation. This establishes a basis for policy instruments to ensure that spectrum is not simply hoarded by large incumbents but rather managed for broad societal benefit.
Another practical example is found in Kenya’s licensing and revival tools: under the Kenya Information and Communications Act (KICA) and the associated radio-communications regulations, CAK has power to recall or require surrender of spectrum assignments where licensees fail to utilize them within prescribed timelines. In practice, this means spectrum that lies idle covering perhaps rural or underserved zones can be reclaimed and reallocated. This legal lever is crucial when pushing for equitable access across counties beyond Nairobi and Kisumu.
Spectrum pricing and assignment mechanisms are also important legal tools. For example, CAK used an administrative process (a “beauty contest”) to allocate 60 MHz of the 2600 MHz band each to Safaricom and Airtel for 15-year licences. This administrative allocation allowed for criteria beyond pure auction price such as ability to cover underserved regions and deploy quickly thereby supporting broader policy goals. In addition, CAK is reviewing its spectrum pricing framework to differentiate charges by low-, medium-, and high-frequency bands, and to encourage smaller operators. These pricing/legal levers help lower barriers to entry and support more equitable market participation.
A further practical step is spectrum sharing and community network frameworks. Kenya has approved a framework for television white space (TVWS) spectrum use, which allows under-utilized spectrum to be used by smaller players or community networks. While not strictly 5G, the principle of flexible spectrum licensing and sharing can be extended to 5G infrastructure in remote and underserved areas, thereby supporting efficient deployment and equitable access. Internationally, many jurisdictions have adopted shared spectrum models. Kenya’s legal infrastructure may evolve similarly to encourage private local networks, enterprise 5G and community broadband.
In terms of comparative insights, the global industry body GSMA recommends that Kenya access at least 2 GHz of mid-band spectrum (e.g., 3.5 GHz, 4.8 GHz, 6 GHz) by 2030 to fully unlock 5G’s potential and lower consumer costs. This highlights a legal-policy challenge: ensuring ongoing spectrum releases and reframing of government-used bands. Kenya’s legal levers must include timelines and mandates for vacating/repurposing spectrum held by non-telecom users so that the resources are freed for 5G and equitable access.
Finally, tackling nationwide equity requires regulatory levers that compel operators to cover underserved regions. Kenya’s legal framework allows licence conditions to include coverage obligations, technical standards and rollout deadlines. For example, eligibility for spectrum may require Kenyan ownership thresholds or instalment payments for major spectrum fees, thereby supporting local players. If CAK and government tie those obligations to spectrum pricing and renewal, then the legal levers will help translate investment into tangible coverage in counties and wards that currently lag.
In summary, Kenya has a blueprint of legal levers that can enable efficient and equitable 5G deployment from spectrum trust and planning principles, license surrender and recall mechanisms, differentiated pricing and sharing frameworks, to coverage obligations and release of additional bands. The practical examples above show what is already happening. To maximize impact, it will be vital for regulators, operators and policymakers to monitor utilization (especially in non-urban counties), ensure spectrum is promptly released or reallocated, and ensure licensing incentives align with national digital inclusion goals. With these measures in place, Kenya can not only roll out 5G but ensure it reaches all citizens, not only those in major towns.
The writer is a legal researcher and writer
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