In a rare gesture, Information and Communications Permanent Secretary Bitange Ndemo this morning apologised over the Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations 2010 recently published by the Communications Commission of Kenya (CCK). Ndemo admitted the regulations—which set Safaricom on a collision course with its competiors, Zain Orange and Yu-- were gazetted in a hurry.

“I take full responsibility for the gazettement of these  regulations. However, we will not enforce them until a team of experts looks into them”, Ndemo said at Safaricom Centre, where he was the chief gues during the company’s announcement of its financial results for the year ending 31st March 2010.

Ndemo said the government is consulting lawyers in the US to have a look at the regulations as Kenya does not have lawyers specialised in regulatory affairs.

“In three weeks’ time, we shall be able to correct these mistakes and we will be good friends with Safaricom once again. There is nothing wrong with being a dominant operator. But what is illegal is abusing the dominance position. We must take the interests of consumers into account”, Ndemo added.

Safaricom Chief Executive Michael Joseph thanked the government for putting the regulations on hold, saying the regulations must be fair to all.
“We are not against the regulations. However, we should not be punished because of our success”, said joseph.