The Kenyan parliament is seeking to change the Kenya Information and Communication Act 1998 to move the responsibility of dominance regulation from the Communication Authority to the Competition Authority of Kenya - a move that has drawn criticism from some industry stakeholders.

TESPOK (Technology Service Providers of Kenya), a body that represents local telecoms and IT players, has protested over the lack of consultation on how to alter the legislation.

"Telecom operators have not been consulted concerning the amendment which is against the consultative spirit encouraged in the Kenyan constitution. We as TESPOK are asking for audience with the Parliamentary Committee on Energy and Communications at their earliest convenience so as to give an appropriate position based on global best practise," Fiona Asonga the CEO of TESPOK said in a statement.

The amendment report was tabled in parliament on 10 November with recommendations to have the Competition Authority of Kenya regulate dominance issues within the East African country's telecoms industry.

"If we begin to develop laws with total disregard of the required due process we shall throw the country into anarchy and discourage investors from considering Kenya as a suitable destination," Asonga said.

Asonga cited Article 118 within the Kenyan constitution that allows for public access and participation in the legislative process. She said that stakeholders should be involved in the process of amending the Communication Act before reaching a final decision.

"We urge the concerned parties to follow the due process according to the constitution so that the industry players can give their input which is crucial to spearhead the growth of ICT sector in Kenya," Asonga concluded.

Safaricom and Airtel Kenya, who are members of TESPOK, have been in the midst of the dominance war where the latter wants the Communication Authority to declare Safaricom a dominant player and have measures to protect smaller players in the industry.

The Communication Authority on its part has said the amendments could undermine its regulatory work in the industry.

In early September, the CA said that it would need 18 months to conduct a study on market dominance and draw up guidelines.