The Communications Authority of Kenya (CA) offices in Nairobi/FILE
Kenya’s data centre industry could soon operate under a dedicated licensing regime as the Communications Authority of Kenya (CA) moves to introduce a standalone licence for co-location data centre services.
The regulator has proposed a new Data Centre licence category, replacing the current approach of regulating co-location data centres under the Network Facilities Provider-Tier 2 licence category.
The proposed framework aims to provide greater regulatory clarity, improve visibility into data centre operations, and support investment in digital infrastructure.
The CA said the approach would also align Kenya’s regulatory framework with proportionate approaches adopted in comparable jurisdictions.
Under the proposal, the new licence would cover entities providing co-location data centre services, including related supporting services.
The regulator has now opened the proposal to public and stakeholder scrutiny and is inviting written comments on the proposed licensing framework.
Stakeholders and members of the public have 30 days from the date the notice is published to submit their views.
The CA said submissions can be made through post or hand delivery to the Director General, Communications Authority of Kenya, at its Nairobi offices.
Comments can also be submitted electronically through the designated online form or sent to the authority through its data centre email address.
The proposed changes would create a separate regulatory category specifically for data centre operations, rather than placing co-location facilities within the existing Network Facilities Provider-Tier 2 licensing framework.
The authority said the proposed arrangement is intended to strengthen oversight of data centre operations while providing greater clarity to entities operating in the sector.
The proposal comes under the CA’s wider mandate as the regulatory agency responsible for Kenya’s ICT industry.
Its responsibilities include telecommunications, cybersecurity, e-commerce, broadcasting, multimedia and postal and courier services.
The authority is also responsible for managing the country’s numbering and frequency spectrum resources, administering the Universal Service Fund and safeguarding the interests of ICT service users.
Under the proposed framework, data centre operators providing co-location services would be required to operate under the new licence category once the framework takes effect.
However, the proposal is still at the consultation stage, with the CA seeking views from stakeholders and members of the public before proceeding with the framework.
Further details on the proposed licensing framework are available through the Communications Authority of Kenya.
The consultation will provide stakeholders with an opportunity to give their views on how co-location data centre operations should be regulated in Kenya.