Ban on Exclusive ISP Deals in Kenya Estates Signals New Era of Open Access and Consumer Choice
Tenants living in Kenya’s gated communities and apartment blocks are finally getting more say in how they connect to the internet. A new ban on exclusive ISP deals in Kenya estates means property developers and estate managers can no longer lock residents into using a single internet provider.
For years, many estates signed exclusive contracts with one ISP, cutting out competitors and leaving residents with no alternative, even when service was slow or overpriced. Now, the Competition Authority of Kenya (CAK) has stepped in to change that.
Why It Matters
The CAK says these exclusive agreements limit competition, drive up prices, and give consumers fewer choices. By enforcing the ban on exclusive ISP deals in Kenya estates, the regulator wants to create a more open and competitive market, where tenants can pick a provider that works for them, not just the one chosen by a developer.
The authority has directed all developers and estate managers to stop making these kinds of deals. They’re also being told to allow access to all licensed ISPs so residents can subscribe to the service they prefer.
Internet Is Now an Essential Service
Alongside this policy shift, Kenya’s new building code now classifies internet access as essential infrastructure, just like water and electricity. New buildings are required to include open-access fibre ducts that can support multiple providers, not just one.
The ban on exclusive ISP deals in Kenya estates reinforces this shift by ensuring that physical access doesn’t translate into market lockout. In other words, just because a developer installed the cables doesn’t mean they can block other providers from using them.
What Happens If Developers Don’t Comply?
The penalties are serious. Developers or estate managers who violate the new rules could face fines of up to KSh10 million, or 10% of their company’s annual turnover. They could also be jailed for up to five years.
The CAK’s move is designed to ensure these new internet rights aren’t just policy—they’re enforceable protections.
Kenya’s Internet Market Is Already Changing
The ban comes at a time when the market is heating up. Safaricom still leads in fixed internet connections, but challengers like Jamii Telecom, Wananchi (Zuku), Poa Internet, and now Starlink are competing for a slice of the pie.
Starlink, the satellite-based provider launched by SpaceX, gained more than 1% market share in its first year alone. With this new level playing field, even newer providers will have a better shot at reaching users in multi-unit estates, where access was often blocked by exclusive deals.
| ISP / Segment | Market Share (% fixed internet) | Notes |
|---|---|---|
| Safaricom | ~36.4–36.6 | Dominant provider |
| Jamii (JTL) | ~24.0 | Second-largest |
| Wananchi (Zuku) | ~16.8–17.5 | Third-tier cable ISP |
| Poa Internet | ~12.6–13.2 | Growing fibre provider |
| Starlink (satellite) | 0.5% → 1.1% (Jun→Sep 2024) | Rapid satellite entry |
Following Global Best Practices
Kenya’s decision mirrors similar policies already in place in countries like the United States, United Kingdom, Singapore, and South Africa. Each has recognized that when tenants are boxed into one provider, service quality suffers and innovation stalls.
The ban on exclusive ISP deals in Kenya estates is Kenya’s step toward aligning with that global standard, where open access and fair choice drive better services.
What This Means for Tenants
For most renters and homeowners, this means one thing: choice. Instead of being stuck with the one ISP that signed a deal with your landlord, you’ll now have the freedom to pick the provider that gives you the best speeds, prices, and service.
And if that provider doesn’t deliver? You’ll be free to switch, just like you do with mobile networks or streaming services.
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