Postal forum presentation enforcement 15 may 2015 rev1[2]

Enforcement Activities in the Postal & Courier Industry

Presentation By

Communications Authority of Kenya

Kenya’s Postal Landscape at A glance

• Independent ICT Regulator – Communications Authority of Kenya (CA)

• Designated Operator (DO)Postal Corporation of Kenya (PCK)

• Post offices- 31 head 472 departmental and 204 agencies.

• Population per post office 56,630 (UPU Standards 6000)

• Licensed Postal/Courier Market- 214,

• Postal/courier outlets-1410, Sept. 2014

• PCK has MOU with government to provide service to citizens in all 47 counties.

TRANSFORMING POSTAL & COURIER SERVICES THROUGH REGULATION IN KENYA 2

http://www.google.co.ke/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&ved=0CAcQjRw&url=http://www.nta.or.ke/&ei=g3A6VbncJsPSaN7MgIAI&psig=AFQjCNG1Zr83VLwQtUu9EUCijoGG9v-69A&ust=1429979612740786

Role of CA in transformation of postal Services

CA

Monitor and stimulate Postal/courier market

transformation

Ensure competition &

Consumer protection

Ensure provision of quality postal/courier

by embracing new technologies

Ensure the universal service

standards as defined are met


Enabling Regulatory Toolkit for transformation

The Law: Constitution & Act- CAP 411A

Sector Regulations & Legal/Gazette notices

etc.

Sector Policy/international treaties &

Protocols/programmes-UPU/PAPU/EACO

License terms and Conditions


KEY LICENCE CONDITIONS

a) Requirement to provide information(outlets, tariffs, traffic etc)

b) Payment of licence fees

c) Display licence/Tariffs

d) Secure postal/courier network

e) Treatment of prohibited articles

f) Treatment of undeliverable articles

g) Provision of prescribed Universal Service/obligations

5 UNDERSTANDING POSTAL COURIER LICENCE CONDITIONS

KEY LICENCE CONDITIONS

h) Customer care requirements

i) Publication of new services/tariffs

j) Privacy/confidentiality

k) Compensation policy/procedures

l) Access for CCK inspection teams

m) Notification of shareholder changes

n) Licence revocation

0) Transfer of licence

UNDERSTANDING POSTAL COURIER

LICENCE CONDITIONS 6

Inspections and Monitoring

Routine and ad-hoc inspections to determine compliance with license conditions above and verify accuracy of information in returns as filed.

Quality of service independent monitoring through questionnaires and shortly RFID based system

Enforcement on reported and suspected illegal and non-compliant operations.

Enforcement Activities

The Authority carries out inspections on compliance with licence conditions including QoS and identifying unlicensed service providers in the market.

A notice is given to non-compliance operators to formalize their operations.

Failure to adhere to compliance order attracts penalties enshrined in attendant legislations.

TRANSFORMING POSTAL & COURIER SERVICES THROUGH REGULATION IN KENYA

8

PICTORIAL

UNDERSTANDING POSTAL COURIER LICENCE CONDITIONS 9

UNDERSTANDING POSTAL COURIER LICENCE CONDITIONS

10

PENALTIES FOR NON COMPLIANCE

• Demand letter/notice/inquiry letter

• Warning

• Compensation to an injured party

• Prosecution (fines/imprisonment)

• Licence suspension/revocation

UNDERSTANDING POSTAL COURIER LICENCE CONDITIONS 11

POSTAL OFFENCES AND PENALTIES

• Its an offence to carry out postal/courier services without a licence from CCK(Sec. 49 -1 ( l) of KC(A)A 2008, KCR 2001 Part 68 (1)Offenders risk jail terms of 1 year, or fines of up to Kes. 300,000 or both on conviction.

• tariffs for basic services approved by CCK-operators other than PCK must charge at least 5 times the PCK basic letter rate(Sec. 48 -1(l) of KC(A)A 2008) KCR 2001 Part 80 (1))

• Senders of offensive articles such as those with words, pictures that are scurrilous, threatening, obscene or grossly offensive in character risk jail terms of three years, or fines of up to Kes.300,000 or both on conviction(CCK(Sect . 71 of KC(A)A 2008)

• Penalties, if licence fees remain unpaid Kes. 100,000 for every month or part thereof(licence conditions).

12 Presentation at the AFRALTI POSTAL FORUM JAN 2012

CA’s Enforcement actions

Postal offences are provided for in Section 67 of KICA .

Penalties for unlicensed operations include Notices, Warnings, licence revocation, Fines of Up to Kshs. 300,000 or serve up to 1year of jail term or both.

Successful Prosecutions carried out over the years with 99% success. A number are of cases are ongoing in various courts all over the country.


13

Challenges • Need to sensitize law enforcement agencies on

provisions regarding postal offences…though penalties have been enhanced courts at times administer lenient judgments which may not deter the culprits. Lack of knowledge on the part of consumers on expected standard of service

• Lack of knowledge on consumer rights

• Mushrooming of informal delivery riders and briefcase operators without a permanent address for enforcement challenges.

TRANSFORMING POSTAL & COURIER

SERVICES THROUGH REGULATION IN KENYA 14

UPU TRAINED CA STAFF

INSTALLATIING QOS

MONITORING EQUIPMENTS

AT BUSIA POST OFFICE


15

Mounted RFID Readers At Mombasa Post Office


16

Enforcement pictorial


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Pictorial


21

Interact with CA

caKenya

ca_kenya

[email protected]

www.ca.go.ke

CAkenya

CAKenya

22 security issues in postal courier networks

http://www.cck.go.ke/

http://www.cck.go.ke/

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&docid=3HuoyrCjym0PfM&tbnid=KSMcrPEBTYSICM:&ved=0CAUQjRw&url=http://blog.5alarmmusic.com/news/white-listing-how-to-eliminate-ads-on-your-youtube-content/&ei=Ri6YU-f2F4-w7Ab2l4H4BQ&psig=AFQjCNEd3iKwTkFMsfXfIIX3ZohudelrRw&ust=1402568541969032

Thank you for your attention


Postal forum presentation enforcement 15 may 2015 rev1[2]

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