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Law firm in Kenya
The TMT sectors are experiencing significant change at the moment; creating great opportunities and posing equally great challenges. Our versatile and experienced team of Technology, Media and Telecommunications (TMT) law practitioners advise clients in this sector operating or looking to enter into the African market. CR Advocates LLP TMT team has extensive knowledge of the TMT regulatory framework in many African jurisdictions. The practice deals with the movement of communications across various different platforms, whether it’s television, print, the internet or mobile devices. CR Advocates LLP team has the insight, experience and entrepreneurial spirit to help you grow your business and protect what makes you unique, whether you are a start-up, an established technology company or a publicly listed entity. Among other services under TMT practice, we act for our clients on the following areas:

  • How to navigate the latest advances in block chain to developing new AI or mitigating cyber risks.
  • How to take full advantage of the emerging technologies that are changing the way the financial, energy, retail, manufacturing, insurance, mining, automotive and health industries operate around the world.
  • To advise on licensing requirements, policy and market developments in this highly regulated sector.
  • Assisting in a wide array of corporate mergers and acquisitions and commercial agreements which take into account technology, media and telecommunications regulatory requirements e.g. system integration, software development, software or platform licensing, IT services.
  • Providing comprehensive advice on data protection, compliance and data breach.

Our telecoms team supports the entire ecosystem of the telecoms markets. We have specialist experience in inter carrier arrangements, strategic alliances with suppliers, commercial and strategic support, acquisitions, complex outsourcing, real estate projects, mobile infrastructure and transmission projects, and major multi-jurisdictional telecom contracting, commercial and IP support, including patent litigation. We have extensive experience advising on regulatory requirements in the telecom sector, particularly in relation to licensing as well as compliance. We have assisted our clients to respond to policy and market developments in the sector.

Cyber security and data privacy has become a critical aspect in TMT law in recent times. With the ability to provide a global perspective, our cyber security and data privacy team provides specialist, rapid-response legal support to mitigate the risks both before and after a cyber-attack. The team can help you engage with authorities, deal with regulators, manage the adverse business impact and trace the perpetrator.


TMT deals with the wide-ranging legal considerations associated with all types of communication, from mobile phones to the internet to print publications

In addition to what we have described on the practice area, TMT lawyers act for clients in e-commerce issues, data protection and privacy and fraud prevention, advising clients that are setting up websites and online payment systems on issues such as data security and the protection of website content, advising on the licensing of software and hardware, advising on new legal developments and compliance aspects and related legal matters.

Outsourcing is the process of passing the responsibility for carrying out a particular activity to a third party. The type of functions which are typically outsourced by businesses include IT, accounting and HR. TMT lawyers may be asked to research the company to which an activity is being outsourced by completing due diligence checks and reviewing agreements between the two businesses.

The key recent technology developments include the development of artificial intelligence, machine learning, uses for block chain and an uptick in the use of cloud computing services, internet of things and autonomous vehicles, an increased use of cloud services, digital health and digital media advertising. The list is not exhaustive.

The Ministry of Information Communication and Technology (MoICT) is mandated to regulate the industry. The MoICT has two departments: Broadcasting and Telecommunication, and ICT and Innovation.

The Communications Authority of Kenya (CA) and the Information Communication and Technology Authority (ICTA) rank second to the MoICT. The former, established under the Kenya Information and Communications Act, 1998 (KICA), is tasked with the licensing and regulation of postal, information and communication services in accordance with the provisions of the KICA.

The ICTA, which is established under the Information and Communications Technology Authority Order, 2013, is mandated with, among others, setting and enforcing ICT standards and guidelines for human resources, infrastructure, processes, systems and technology for public office and public service.

The Media Council of Kenya (MCK), established under the Media Council Act, No. 46 2013 (MCA) is mandated with, inter alia, the setting of media standards and ensuring compliance with those standards as set out in article 34(5) of the Constitution.

Yes, a foreign company must issue at least 20 per cent of its shares to Kenyans on or before the end of three years after receiving a license.

CR Advocates LLP can help your company acquire the following licences granted though CA:

  1. National Network Facilities Providers (NFP) Tier 1, 2 and 3 licences;
  2. International Gateway Systems and Services Licence;
  3. Submarine Cable Landing Rights Licence;
  4. Applications Service Providers (ASP) Licence; and
  5. Content Service Providers (CSP) Licence

We have five retail markets namely:

  1. retail mobile communications market;
  2. retail mobile money market;
  3. retail fixed narrowband market;
  4. retail fixed broadband market for enterprises and leased line market; and
  5. retail fixed broadband market for consumers.

We have at least eight linked wholes markets:

  1. ducts and poles and dark fibre;
  2. lit fibre and wholesale leased lines;
  3. international capacity and IP transit;
  4. fixed wholesale broadband access;
  5. towers;
  6. call and SMS termination on mobile networks;
  7. call termination on fixed networks; and
  8. USSD and STK access on mobile networks.

Yes, the Data Protection Act, 2019 apply. The Act applies to all processing of personal data by any data controller or data processor established or resident in Kenya and who processes personal data while in Kenya, or not established or residing in Kenya but processing personal data of data subjects located in Kenya.

The Kenya Information and Communications Act applies to telecommunication service providers that have been granted an operation licence from the Communications Authority. Licensed providers include mobile network operators, content service providers, applications service providers, submarine cable landing rights-holders, and international gateway systems service providers.

The Computer Misuse and Cybercrimes Act 2018 . This Act of Parliament came into force on 30 May 2018. The Act aims is to protect the confidentiality, integrity and availability of computer systems, programs and data as well as facilitate the prevention, detection, investigation, prosecution and punishment of cybercrimes.

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