Empowerment and Protection of
Consumers in ICT Market
PRESENTED AT THE STAKEHOLDERS FORUM ON
QUALITY OF SERVICE AND CONSUMER
EXPERIENCE
23RD – 25TH NOVEMBER, 2015
LAICO REGENCY HOTEL, NAIROBI, KENYA
PRESENTER: PATRICIA MUCHIRI
CONSUMER & PUBLIC AFFAIRS DEPARTMENT
COMMUNICATIONS AUTHORITY OF KENYA
Table of Contents
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The Consumer
Key Players in the Consumer Ecosystem
The Role of Policy Makers in Consumer Protection
The Regulator
The Industry
Consumer Organizations
The Consumer
Regulatory Framework
Regulatory Requirements
Consumer Protection-The Kenyan Perspective
The Consumer
•Consumers do not seek for adequate information to
determine best product in the market;
•Consumers do not complain;
•Consumers do not channel their complaints to
appropriate authorities (complain to their friends);
•Consumers are increasingly concerned about quality of
service;
•Consumers are more “tech savvy”
Ref. Consumer behavior Research by CA , 2013
Key Players in the Consumer
Ecosystem ;
Who are the Stakeholders:
•Global and Regional Communities;
•Policy Makers;
•Regulators;
•Consumers & Consumer Organizations;
•Industry;
•Academia;
Role of Policy Makers in Consumer
Protection :
The following ingredients are critical in creating an enabling
Policy Framework that Protects Consumers:
•Robust engagement/consultations ;
•Clear policy direction ;
•Competitive driven ;
•Predicable policy environment that boosts investor confidence ;
•Consumer protection and empowerment needs to be at the center
of ICT Policy ;
•Policy guidance must ensure policy responses that consumers
engaging in the ICT .
The Regulator :
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Effective policy Implementation;
Ensure a fair competitive environment ;
Ensure a level playing field for all players;
Exercise Independence in decision making ;
Reinforcing investor confidence giving the Consumer
choice ;
• An effective regulator is a guarantee for Consumer
Protection ;
• Promotion of engagement with Consumer organizations;
• Enforce standards;
The Regulator Cont…:
• Periodic reviews of Laws and Regulations;
• Enforcement of License conditions i.e. Penalties;
• Ensuring adequate mechanisms for effective consumer dispute
resolution
• Research and analysis of Consumer trends;
• Transparency in the regulatory processes and policies;
• Provision of education , redress mechanisms and information
for Consumers;
• Issue guidelines for the implementation of Consumer Protection
regulations ;
• Monitor sector performance;
• Issue penalties on offences in contravention of regulations;
The Industry:
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Continuous innovation and new product development;
Enhanced Product safety ;
Good business practices;
Ensuring adequate mechanisms for effective consumer
complains/dispute resolution ;
Consumer empowerment through education;
Fair pricing policies;
Accurate billing systems;
Provision of accurate information
Adequate redress mechanisms;
Consumer Organizations:
• To create awareness on Consumer rights and
responsibilities;
• Share and publish relevant consumer
brochures/information;
• Facilitate consumer engagement through conferences,
seminars and workshops;
• Educate consumers on how to protect themselves;
• File suits on behalf of Consumers;
• Undertake lobbying and advocacy activities;
• Engage policy makers actively on Consumer issues;
Consumer Organizations Cont..:
• Engage educational institutions to carry out courses
that empower consumers;
• Persuade Government, Industry to put Consumer
Issues on their agenda;
• Organization and participation in international forums
that shape Consumer Policy ;
Consumers:
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Assertive;
Seek information;
Take responsibility :
Exercise their rights;
Engage policy makers effectively;
Complain effectively ;
Seek redress;
Organize themselves around pertinent issues;
Consumer Expectations:
• Service standards -Availability, reliability, accessibility
affordability;
• After sales service including complaints handling
– Customer Care Systems; ;
– Quality Management Systems;
– Commercial Code of practices;
– Billing systems (tariff ratings);
– Compensation Policy;
– Effective Complaints Handling Processes;
– Consumer Choice;
– Availability of information relating to services offered.
The Regulatory Framework:
• Constitution of Kenya, 2010. Articles 46 and 232;
• Consumer Protection Act, 2012, arising from Article 46 of
Constitution;
• Kenya Information and Communications Act, 1998;
• Kenya Information and Communications (Amendment Act),
2013;
• Kenya Information and Communications (Consumer
Protection) Regulations, 2010 – under revision;
• Kenya Information and Communications (Dispute Resolution)
Regulations, 2010 ;
• Various License conditions .
Regulatory Requirements:
Licensee Operation Related Requirements
• Develop and implement a customer care system.
• Provision of services and sale if ICT terminal equipment.
• Develop and publicize complaint handling procedures
• Provide information to customers
• Develop and submit to the Regulator Code of commercial
practice
• Keep customer information confidential
• Facilitate and assist persons with disabilities to make
complaints
Regulatory Requirements
Cont..:
• Develop and implement child protection mechanisms in all
services
• Develop and implement outage credit system
• Provide Operator assistance Services
• Desist from sending unsolicited communications (Opt In
principle applies)
• Avail calling line identification features to consumers
• Provide free access to emergency safety and assistance
• Install billing system that permits issuance of bills upon
request
Consumer Protection: The
Kenyan Perspective
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Carry customer satisfaction and perception surveys;
Consumer and behavioral trends;
Consumer education & outreach programs ;
Enhanced automated Complaints Management System ;
Enhancing the Consumer Protection Law, 2010 &
Regulations;
• Investing service delivery monitoring and evaluation tool;
• Creating awareness to staff on the Service Charter so as to
improve CA’s customer satisfaction index;
Conclusion:
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Consumers should complain on service shortfalls;
Collaborative approaches by all the stakeholders;
All players should invest more in Consumer Education;
Strengthen the policy, law and regulations with respect
to Consumer issues;
• Service providers should promptly address complaints;
• Treat complaints as feedback for improvement
• Expeditiously dispense with complaints before the
same is escalated to Regulator
Recommendations:
• Operators should
– Increase interconnectivity and infrastructure sharing
– Provide easily accessible information to consumers on
their services (website, consumer information
pamphlets etc.)
• Terms of service
• Tariffs, service area/region/reach
• Extent of partnership with other service providers
– Develop a complaints management system (Manual
and/or Electronic) e.g. CRM
Customers are the reason
organizations exist
Thank You!
muchiri@ca.go.ke
chukuahatua@ca.go.ke
www.ca.go.ke
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Twitter: CA_Kenya