Communications Authority of Kenya Sets New Regulations for Mobile Device Tax Compliance
The Communications Authority of Kenya (CA) is the regulatory agency for the ICT industry in Kenya with responsibilities in telecommunications, e-commerce, cyber security, broadcasting and postal/courier services. The Authority is also responsible for managing Kenya’s numbering and frequency spectrum resources, administering the Universal Service Fund (USF), and protecting interests of consumers of ICT services. In addition, the Authority facilitates trade in ICT through clearance of permits for type- approved imported equipment through the Kenya Trade Network Agency (Ken Trade) National Single Window System (TradeNet System/Trade Facilitation Platform).
To ensure integrity and tax compliance of the mobile devices in Kenya, the Authority hereby notifies all stakeholders, including mobile network operators, involved in the local assembly, importation, distribution as well as connection of mobile devices to local networks, that with effect from January 1st, 2025, the following requirements will apply for all mobile phone devices in Kenya.
1. Local Assemblers: All local device assemblies must upload the International Mobile Equipment Identity (IMEI) Number of each assembled device to the KRA-provided portal. This will ensure that all locally assembled devices are tax compliant.
2. Importers: All mobile phone importers (sale, testing, research or any other purpose) will be required to disclose the International Mobile Equipment Identity Number in their respective import documents submitted to the Kenya Revenue Authority (KRA). This disclosure is mandatory for the registration of the devices in the National Master Database on Tax-Compliant Devices.
3. Retailers and Wholesalers: Retailers and wholesalers of mobile devices must ensure that they only retail or distribute mobile devices that are tax compliant. The Authority will provide the means by which the tax compliance status of mobile devices can be verified before purchase by retailers or end-users.
4. Mobile Network Operators: Mobile network operators must ensure that they only connect devices to their networks after verifying the tax compliance status through a whitelist database of compliant devices, which will be provided by the Authority. Operators will also be required to provide for the gray-listing of non-compliant devices to facilitate regularization within a prescribed period, failure to which the devices will thereafter be blacklisted.
The new requirements will only apply to all devices imported or assembled in the country from November 1st, 2024. All existing devices that will be on the Mobile Networks by 31st October 2024 will not be affected.