Communications Authority of Kenya (CA) has directed mobile network operators to facilitate emergency SMS test runs as part of Kenya’s El Niño preparedness and response efforts.
The directive requires operators to support Government-authorized emergency bulk SMS communications during the scheduled National Early Warning System Simulation Exercise and throughout the El Niño preparedness and response period.
In a statement to mobile network operators, the Authority directed them to facilitate the exercise, citing its urgency and importance.
“Accordingly, all Mobile Network Operators are hereby directed to exempt Government-authorized emergency bulk SMS communications from the opt-in and opt-out requirements applicable to commercial messaging services for the duration of the simulation exercises and the El Niño preparedness and response period.” The statement read.
El Niño Emergency Communications Directive
In preparation for the El Niño rains, the regulator referenced its directive to operators, citing Articles 33, 35 and 46 of the Constitution of Kenya.
These provisions guarantee the right to receive and impart information, require the State to publish and publicize important information affecting the nation, and guarantee consumers access to information necessary for their safety, welfare and full benefit from services.
Additionally, the Authority cited Condition 6 (Public Emergencies) of the Telecommunications Licence terms, which requires licensees to facilitate the provision of information to the public as directed by the Government in the event of a major disaster or emergency.
“In case of a major disaster such as earthquakes, floods and similar events or any other situation of emergency or a crisis ofeither local, regional or national crisis and similar events which require emergency communication services, the Licensee shall facilitate provision of information to the public as may be directed by the Government giving priority to the support activities required to overcome the emergency. For this purpose, the Licensee shall co-ordinate with and follow the instructions of the Authority as the Authority may direct. ” The statement read.
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Emergency Messaging Obligations
Further, the Authority noted that Condition 6.2 requires operators to coordinate with the relevant competent entity in emergencies involving national security.
The Authority considers early warning system messages, disaster preparedness advisories, simulation notifications, emergency instructions and El Niño-related public safety alerts to fall within these emergency communication obligations.
Accordingly, operators are required to facilitate the transmission of Government-approved emergency SMS messages through designated platforms, including Short Code 1590, and ensure they reach all active subscribers regardless of promotional messaging preferences, Do-Not-Disturb (DND) settings or previous opt-out arrangements.
Requirements for Emergency Alerts
In addition, operators are required to suspend opt-out mechanisms for such emergency alerts, prioritise their delivery across their networks and provide the technical support necessary for the simulation exercise and any actual emergency response operations.
The directive comes as Kenya prepares for the El Niño rains, with the Kenya Meteorological Department providing seasonal forecasts to support early preparedness and timely response to potential weather-related impacts.
According to the Authority, the direction was issued in the public interest and in fulfilment of the Government’s obligation to safeguard life, property and national security through the timely dissemination of critical public information.
As a result, compliance is mandatory, with operators required to implement the necessary technical and operational measures and submit their preparedness status as requested in the directive.
