Telecommunications operators will be required to set up a system to compensate subscribers in cases of dropped calls and other outages as the State moves in to bolster the quality of service.
The system will either be automatic or claim-based and will include a method for calculating compensation, including the duration and extent of the service interruption.
Currently, the law does not compel telcos to compensate subscribers for service outages caused by hitches on their networks, a loophole that has left consumers exposed to losses and without financial redress.
The compensation system is part of the proposed Kenya Information and Communications (Consumer Protection) Regulations, 2026, through which Kenya is seeking to emulate other economies that require telcos to compensate subscribers for service outages.
Compensation model
The legal changes, if adopted, will see Kenya join economies such as Nigeria, India and Colombia that require telcos to credit affected subscribers directly with airtime or reduce billable charges when services drop below the prescribed minimum standards.
“A licensee shall establish and implement a system for compensating subscribers for service interruptions not attributable to the subscriber,” the regulations read in part.
Telcos will, however, be spared these penalties if the outages are caused by factors outside their control, technically known as force majeure.
The compensation model must, however, be approved by the Communications Authority of Kenya (CA) as part of the standard subscriber service agreement.
Airtel Kenya and Telkom Kenya subscribers have particularly struggled with weak calls, network accessibility and internet outages, prompting the Communications Authority of Kenya (CA) to warn the telcos to bolster their services or face penalties.
Network hitches
For example, the latest industry review by the CA shows that the overall quality-of-service score for Telkom Kenya dipped to 52.76 percent in the year to June 2025 from 67.6 percent the previous year.
Airtel’s overall quality-of-service score dipped to 81.14 percent from 83.3 percent in the same period, while Safaricom’s rose slightly to 89.7 percent from 88.1 percent over the one-year period.
Kenya is now seeking to emulate other countries that have made it compulsory for telcos to compensate subscribers for network hitches that lead to dropped calls or other service outages.
Nigeria adopted policy changes requiring telcos to compensate subscribers for poor-quality service that falls below the prescribed minimum standards, effective April this year.
The Nigerian Communications Commission revealed that 75 million subscribers have so far been compensated under the directive aimed at resolving poor telecommunications services in Africa’s most populous economy.
