Understanding the rules and regulations for sending SMS messages in Kenya is essential for successful communication. Uncertainty about message delivery and legal compliance can jeopardise your business.
Don’t fret! Our comprehensive article offers guidance on SMS regulations in Kenya, ensuring your messages reach recipients lawfully.
We’ll help you understand the guidelines for sending SMS in Kenya, empowering you to maintain compliant and impactful communication.
So, let’s dive in.
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What are the SMS regulations in Kenya you should know?
Here are 5 SMS regulations in Kenya you must know:
- Don’t send SMS to DND numbers
- Send promo messages within the allowed time
- Follow general content restrictions
- Content registration is required
- Provide opt-out instructions
Let’s dive deeper into each regulation.
Don’t send SMS to DND numbers
DND stands for “Do Not Disturb.” This means that users can opt out of receiving SMS messages from certain senders. You must respect users’ preferences and not send messages to DND numbers.
Send promo messages within the allowed time
SMS messages are time-restricted. Any SMS message used for promotional and marketing purposes can only be sent between 7 am and 7 pm.
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Follow general content restrictions
Political, religious, gambling, adult, and P2P content is prohibited. This ensures that SMS messages are not used for inappropriate or illegal purposes.
Content registration is required
In some cases, it may be necessary to register SMS messages with The Campaign Registry in Kenya. Failure to register can result in suspension and penalties by mobile network operators.
Provide opt-out instructions
Include opt-out instructions in SMS messages so that users can easily opt out of receiving messages if they choose to do so.
What are the major SMS regulatory laws in Kenya
In Kenya, there are two major laws governing SMS content:
- The Kenya Information and Communications (Consumer Protection) Regulations, and
- The draft consumer protection guidelines.
These laws prevent unsolicited SMS messages and protect individuals.
The Kenya Information and Communications (Consumer Protection) Regulations offer clear guidelines on obtaining customer consent before sending SMS messages.
In addition, the Communications Authority of Kenya (CA) released consumer protection guidelines. These guidelines offer essential insights into adhering to applicable laws when sending text messages to customers.
They emphasise respecting customers’ privacy and preferences while sending SMS messages.
Also, the guidelines shed light on how to effectively address and resolve complaints from customers who receive unsolicited SMS messages.
What are the penalties for not complying with regulations?
Here are 7 possible penalties for non-compliance with SMS regulations in Kenya:
- Fines
- Suspension of services
- Revocation of licences
- Legal action
- Damage to brand reputation
- Loss of customers
For example, in 2018, the Communications Authority of Kenya (CA) fined three mobile phone service providers – Safaricom, Airtel, and Telkom Kenya – KES 311 million for failing to meet Quality of Service (QoS) standards. The fine was imposed for the fourth year in a row. The three mobile operators were fined KES 311 million (USD 3.0 million) for failing to meet QoS standards.
What are the rules for sending marketing and transactional SMS messages in Kenya?
Here’s a quick summary of the SMS regulations in Kenya.
| Regulations | Description |
| Time | Any SMS message used for promotional and marketing purposes can only be sent between 7 am and 7 pm. |
| Sending to DND | DND regulations are in place in Kenya. Users can opt out of receiving SMS messages from certain senders. |
| Sender ID | Pre-registration of Sender ID is recommended in Kenya. This regulation is in place to ensure that businesses are identifiable and accountable for the messages they send. |
| Requesting consent | You must obtain explicit consent from users before sending them SMS messages. |
| SMS opt-in | You must demonstrate that users have chosen to receive messages from them. This applies to promotional as well as transactional SMS. |
| SMS opt-out | Subscriber consent and opt-in are a must for promotional messages in Kenya. You must obtain explicit consent from users before sending them SMS messages. This also applies to both transactional and promotional SMS. |
| Message length | SMS messages are typically limited to 160 characters per message. If a message exceeds this limit, it may be split into multiple messages or truncated. This depends on the SMS service provider and the recipient’s device capabilities. |
Non-compliance with SMS regulations has serious consequences. You don’t want to be found wanting. That’s why you need a powerful and reliable SMS provider to help you send SMS to your customers without breaking the law (or the bank).
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Use SMSCountry to send compliant SMS in Kenya
Kenya has specific regulations in place for SMS messaging. And you must comply with these regulations to avoid penalties and maintain a positive reputation with customers.
SMSCountry can assist you in complying with SMS regulations in Kenya. Apply what you’ve learned here, secure your reputation, and avoid penalties.
Kenya SMS regulations FAQ
Kenya operates according to an opt-in policy, which means businesses must be able to demonstrate that users have chosen to receive messages from them. Explicit consent from users is required before sending SMS messages.
Yes, there are time restrictions for sending SMS messages in Kenya. Political messaging is allowed between 8 AM and 6 PM. It is important to comply with these restrictions and only send messages during permitted times.
Kenya has various regulations in place regarding the content type of SMS messages. The Kenya Communications Act prohibits offensive messages. It is important to ensure that SMS messages are not offensive or indecent.
There is no specific information available on template registration requirements in Kenya. However, compliance with any registration guidelines provided by SMS service providers or regulatory authorities is recommended. That’s where SMSCountry comes in, providing you with awesome templates that keep you in line with Kenyan SMS regulations.
Yes, subscriber consent and opt-in are mandatory for sending promotional messages in Kenya. Businesses must obtain explicit consent from users before sending them SMS messages.
Yes, users in Kenya can opt out of receiving SMS messages through the Do Not Disturb (DND) service. It is important to respect users’ preferences and not send messages to those who have opted out.
No specific information is available on the laws and regulations regarding SMS message length in Kenya. However, SMS messages are typically limited to 160 characters per message.
No specific information is available on the frequency per hour regulations for sending SMS messages in Kenya. It is advisable to avoid sending too many messages within a short period to avoid overwhelming recipients.
Pre-registration of Sender ID is recommended in Kenya. This regulation is in place to ensure that businesses are identifiable and accountable for the messages they send.
Non-compliance with SMS regulations in Kenya can result in fines and penalties. It is important to comply with all regulations to avoid legal consequences and maintain a positive reputation.
Different regulations are in place for local and international SMS traffic in Kenya. It is important to be aware of these regulations and comply accordingly.
SMS marketing in Kenya requires opt-in consent from users, compliance with content restrictions, respecting time restrictions, and following sender ID regulations. It is important to adhere to these regulations to avoid penalties.
Respect users’ preferences and avoid sending SMS messages to those on the Do Not Disturb (DND) service in Kenya. Compliance with DND regulations is crucial.
To ensure compliance, consider seeking advice from a sales advisor or consulting with legal professionals familiar with SMS regulations in Kenya. They can provide guidance on the specific requirements and help navigate the regulatory landscape.
Disclaimer: The information contained in this article is intended to provide a basic understanding of SMS regulations in Kenya and is not exhaustive. While we have taken reasonable steps to ensure the accuracy and timeliness of the information, we make no warranties or representations of any kind, expressed or implied. Users are solely responsible for conducting further research on the applicable laws, regulations, and codes of conduct governing SMS communication in Kenya and ensuring compliance accordingly. Please note that SMS regulations may change over time, and it is important to stay updated on any updates or amendments to the regulations. It is advisable to consult official sources, regulatory authorities, or legal professionals for comprehensive and up-to-date information on SMS regulations in Kenya.
