BY SAM ALFAN.
Busia Senator Okiyah Omtatah has challenged the new mobile termination rate (MTR) rates set at Sh0. 4 per minute by Communications Authority of Kenya (CA0, terming it arbitrary.
Omtatah wants the court to compel CA to use the scientifically derived MTR of Sh. 0.06 per minute recommended by the network cost study the authority commissioned to determine interconnect charges.
“This application and the petition are extremely urgent because 1st March 2024, the communication Authority unilaterally imposed the new Mobile Termination Rate (MTR) of Sh0. 41 per minute,” Omtatah told the court.
The politician wants the court to quash the determination made by CA on November 2023 as unconstitutional for lack of public participation.
He also seek the court to declare the regulator violated the principal rule of law to the extent that it failed to abide by Tribunal’s decree in communication and Multimedia Appeals Tribunal appeals decision.
“A declaration that cabinet secretary information, communication and the digital economy failed in his obligation to protect Kenyans from exploitation by service providers by ensuring that the MTR imposed by the CA on the public was reasonable, legitimate and legal, and in accord to the consent order and the Decree issued by the Tribunal in the Communication and Multimedia Tribunal appeals Tribunal decision,” he said.
The activist-cum-politician argues that though the CA reduced the MTR from Sh0. 58 per minute, it was still high, at seven times more than the Sh0.06 recommended by the consultant hired by the authority.
Omtatah argue that it is unacceptable that Kenya should have such high rates when other East African countries have much lower rates, and Rwanda has zero rated MTR.
“It is extremely urgent this court intervenes to protect the Kenyan public, which relies heavily on mobile telephone for social and economic undertaking from exploitation from the CA,” says Omtatah.
According to Omtatah, mobile and Fixed Termination Rates MTRs/FTRs are charges that are paid between mobile and Fixed Network Operator (MNOs/FNO when they exchange traffic.
