ORGANISATION MONDIALE
DU COMMERCES/DCS/W/KEN
24 janvier 2003
(03-0475)
Commerce des services Original:  anglais
KENYA
Projet de version codifiée de la Liste d'engagements spécifiques1
On trouvera ci-joint un projet de version codi fiée de la Liste d'engagements spécifiques du
Kenya en format Word.  Ce document ne remplace pas les engagements juridiquement contraignants
souscrits par le Kenya dans sa Liste d'engagements spécifiques (GATS/SC/47;  GATS/SC/47/Suppl.1;
GATS/SC/47/Suppl.2).
Le projet de version codifiée de la Liste a été établi par le Secrétariat, à la demande des
Membres, pour faciliter le processus de négociation, y compris la présentation des offres initiales.
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1 Le présent document a été établi, en anglais seulem ent, par le Secrétariat sous sa propre responsabilité
et sans préjudice des positions des Membres ni de leurs obligations dans le cadre de l'OMC.S/DCS/W/KEN
Page 2KENYA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL 
COMMITMENT
ALL SECTORSINCLUDED IN THISSCHEDULE3) Commercial presence requires that foreign
service providers incorporate or establish thebusiness locally
4) Unbound except for measures concerning  the
entry and temporary stay of natural personsemployed in management and expert jobs forthe implementation of foreign investment.
The employment of foreign natural persons
for the implementation of foreign investment
shall be agreed upon by the contracting partiesand approved by GovernmentS/DCS/W/KEN
Page 3Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
II. SECTOR SPECIFIC
COMMITMENTS
2. COMMUNICATION
SERVICES
C. Telecommunication
Services (excludes video
and audio broadcast
services)
(a) Voice telephone services:
Limited to international
home country directservices1) Restricted to service suppliers operating direct
voice communication routes
2) Unbound3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) Unbound
3) Unbound4) Unbound
For public use:
(a) Voice telephone service
(CPC 7521)
(d) Telex services
(CPC 7523**)
(e) Telgraph services
(CPC 7522)
(f)  Facsimile service
(CPC 7521**, CPC 
7529**)
(g) Private leased circuit
services (CPC 7522**,CPC 7523**)1) None, except International call-back services
are not permitted.
2) None, except International call-back services
are not permitted.
3) Until 2003, monopoly on supply of services in
Nairobi as well as on supply of International
gateway facilities services, and resale inmonopoly areas only with permission ofsupplier of underlying services and facilities.Foreign investment is limited to 30 per centmaximum.
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound, except as indicated in horizontal
section.Kenya undertakes the
obligation contained in thereference paper hereto.S/DCS/W/KEN
Page 4Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
For public use:
(b) Packet-switched data
transmission services
(CPC 7523**)
(c) Circuit-switched data
transmission services(CPC 7523**)1) None
2) None
3) None, except Foreign investment is limited to
30 per cent maximum.
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal
section.
For non-public use:
Services supplied to closedusers group.
(a) Voice telephone services
(CPC 7521)
(b) Packet-switched data
transmission services
(CPC 7523**)
(c) Circuit-switched data
transmission services(CPC 7523**)
(d) Telex services
(CPC 7523**)
(e) Telegraph services
(CPC 7522)
(f) Facsimile services
 (CPC 7521**, CPC7529**)1) None, except through the network of Telkom
Kenya Ltd.  or monopoly.  International call-
back services are not permitted.
2) None, except through the network of licenced
telecom operator.  International call-backservices are not permitted.
3) Only over facilities of licenced operators
breakout and Resale of excess capacity are not
permitted.  Foreign investment limited to amaximum of 30 per cent.
4) Unbound, except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal 
section.S/DCS/W/KEN
Page 5Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Value added services:
(h) Electronic mail
(CPC 7523**)
(i) Voice mail (CPC 7523**)
(j) On-line information and
data base retrieval (CPC7523**)
(k) Electronic data interchange
(CPC 7523**)1) None
2) None
3) Only over facilities of licenced network
operators.  Foreign investment limited tomaximum of 30 per cent.
4) Unbound, except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal
section.
(l) Enhanced/value-added
facsimile services, incl.Store and forward, storeand retrieve(CPC 7523**)
(m) Code and protocol
conversion
(n) On-line information and/or
data processing (includingtransaction processing)(CPC 843**)
(o) Other:
Internet and internet access
services1) None
2) None3) Only over facilities of licenced network
operators.  Foreign investment limited to
maximum 30 per cent.
4) Unbound, except as indicated in the horizontal
section.1) None
2) None3) None
4) Unbound, expcet as indicated in the horizontal
section.S/DCS/W/KEN
Page 6Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Satellite based
Mobile Services
- Cellular/mobile telephone- Mobile data services
- Personal communications
services
-P a g i n g1) None, except as provided for under GMPCS
MOU.
2) None, except as provided for under GMPCS
MOU.
3) None, except foreign investment is limited to
30 per cent maximum
4) Unbound, except as indicated in the horizontal
section.1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal
section.
Terrestrial based
Mobile Services
- Cellular/mobile telephone
services
- Mobile data services- Personal communications
services
-P a g i n g1) Only through the network of Telkom Kenya
Ltd. and subsequent licenced International
gateway operator.  International call-backservices are not permitted.
2) Only through the network of Telkom Kenya
Ltd. and subsequent licenced Internationalgateway operator.  International call-back
services are not permitted.
3) Other than paging services and PCS, initially
the services will be provided by TelkomKenya Ltd.  A second operator is to belicenced within one year.
4) Unbound, except as indicated in the horizontal
section.1) None
2) None3) None
4) Unbound, except as indicated in the horizontal
section.
Fixed satellite services (for
public use)1) Only through the network of Telkom Kenya
and subsequent licenced international gatewayoperator.
2) Only through the network of Telkom Kenya
and subsequent licenced international gateway
operator.
3) Foreign investment is limited to maximum
30 %.
4) Unbound, except as indicated in the horizontal
section.1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal
section.S/DCS/W/KEN
Page 7Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Vending of
telecommunicationsterminal equipment.
21) None2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound
Installation andmaintenance of
telecommunications
terminal equipment
11) Unbound∗
2) None3) None
4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None
3) None
4) Unbound
D. Audiovisual Services
(a) Motion picture and video
tape production services
(excluding distributionservices)1) None
2) None
3) Unbound
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) Unbound
4) Unbound
(b) Motion picture projection
services1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound
                                                          
2 Information provided for the purposes of transparency:  Subject to type approval and licensing procedures.
∗ Unbound due to lack of technical feasibilityS/DCS/W/KEN
Page 8Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
7. FINANCIAL SERVICES
A. Banking and other
Financial Services
(Excluding insurance)
(a) Acceptance of deposits and
other repayable funds fromthe public1) None
2) None3) Only institutions approved as banks under the
Banking Act.
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) None3) Unbound
4) Unbound, except as indicated in the Horizontal
Commitments.
(b) Lending of all types,
including consumer credit,mortgage credit, factoringand financing of
commercial transaction1) None
2) None3) None4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) None3) Unbound4) Unbound, except as indicated in the Horizontal
Commitments.
(c) All payments and money
transmission services1) None
2) None3) None4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) None3) Unbound4) Unbound, except as indicated in the Horizontal
Commitments.
(d) Guarantees and
commitments1) None
2) None3) None4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) None3) Unbound4) Unbound, except as indicated in the Horizontal
Commitments.S/DCS/W/KEN
Page 9Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(e) Participation in issues of all
kinds of securities andprovision of servicesrelated to such issues
except underwriting1) Securities issued in a foreign jurisdiction
cannot be offered or traded in the Kenyanmarket.
2) None
3) Foreign portfolio investors can hold up to 40%
of the shareholding of a locally listedcompany.  They can also take up to 40% ofany additional public offering by a foreignconvened listed company.
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) None
3) Unbound
4) Unbound, except as indicated in the Horizontal
Commitments.
(f) Asset management except
pension fund management1) None
2) None3) 30% of paid up capital must be held by
Kenyan nationals.
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) None3) Unbound
4) Unbound, except as indicated in the Horizontal
Commitments.
(g) Advisory and other
auxiliary financial services1) None
2) None3) None4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) None3) Unbound4) Unbound, except as indicated in the Horizontal
Commitments.
B. Insurance
(a) Life Insurance 1) Unbound
2) Unbound
3) One third of the paid up capital must be
owned by Kenyan nationals.
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) Unbound
3) None
4) Unbound, except as indicated in the Horizontal
Commitments.S/DCS/W/KEN
Page 10Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(b) Non-life 1) Unbound, except for aviation, marine and
engineering.
2) Unbound, except for aviation, marine and
engineering.
3) None
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) Unbound
3) Unbound
4) Unbound, except as indicated in the Horizontal
Commitments.
(c) Broking 1) Unbound
2) Prior approval of the Commissioner of
Insurance (C.O.I) is required to lace Kenyan
business with an insurer not registered underthe Kenya Insurance Act.
3) 60% of the paid capital must be owned by
Kenyan nationals.
4) Unbound, except as indicated in the
Horizontal Commitments.1) Unbound
2) None
3) None
4) Unbound, except as indicated in the Horizontal
Commitments.
(d) Agency services 1) Unbound, except for re-insurance services.
2) Unbound3) Agency services restricted to Kenyan
Nationals.
4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) Unbound3) Unbound
4) Unbound, except as indicated in the Horizontal
Commitments.
(d) Auxiliary Services,
Assessors, Intermediariesand loss Adjustors1) None
2) None3) None4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) None3) None4) Unbound, except as indicated in the Horizontal
Commitments.S/DCS/W/KEN
Page 11Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(f) Re-insurance and
Retrocession1) Mandatory cessions must be placed with –
Kenya Re 25%; Zep Re 10% and Africa Re5%.
2) Mandatory cessions must be placed with –
Kenya Re 25%; Zep Re 10% and Africa Re
5%.
3) Mandatory cessions must be placed with –
Kenya Re 25%; Zep Re 10% and Africa Re5%.
4) Unbound, except as indicated in the
Horizontal Commitments.1) None
2) None
3) None4) Unbound, except as indicated in the Horizontal
Commitments.
9. TOURISM AND
TRAVEL-RELATEDSERVICES
A. Hotels and Restaurants
(including catering)1) Unbound*2) None3) None4) Unbound except as indicated in the  horizontal
section1) Unbound*
2) None3) None4) None, for those categories of persons referred to
in the market access column of the horizontalsection
B. Travel Agencies and Tour
Operators Services1) None2) None3) None4) Unbound except as indicated in the  horizontal
section1) None
2) None3) None4) None, for those categories of persons referred to
in the market access column of the horizontal
section
C. Tourist Guide Services 1) None
2) None3) None
4) Unbound except as indicated in the  horizontal
section1) None
2) None3) None
4) None, for those categories of persons referred to
in the market access column of the horizontalsectionS/DCS/W/KEN
Page 12Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
11. TRANSPORT SERVICES
A. Air Transport Services
(a) Aircraft repair and
maintenance services31) Unbound*2) None
3) Unbound4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None
3) Unbound4) Unbound
(b) Selling and marketing of air
transport services21) None2) None3) Unbound, except for advertizing activities and
the setting up of regional sales offices
4) Unbound except as indicated in the horizontal
section1) None
2) None3) Unbound, except for the activities referred to in
the market access column
4) Unbound
(c) Computer reservation
system (CRS) services21) None2) None3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) None3) Unbound4) Unbound
F. Road Transport Services
(a) Passenger transportation 1) None
2) Unbound3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) None3) Unbound4) None, for those categories of persons referred to
in the market access column of the horizontal
section
(b) Freight transportation 1) None
2) None
3) Unbound
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) Unbound
4) Unbound
                                                          
3 As defined in paragraph 6 of the Annex on Air Transport Services.S/DCS/W/KEN
Page 13Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(c) Rental of commercial
vehicles with operator1) None
2) None3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) None3) Unbound4) Unbound
(d) Maintenance and repair of
road transport equipment1) Unbound*
2) None3) Unbound4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) Unbound4) Unbound
(e) Supporting services for
road transport services1) None
2) None3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) None3) Unbound4) Unbound
12. OTHER SERVICES NOT
INCLUDEDELSEWHERE
Meteorogical data
information1) None
2) None
3) Unbound4) Unbound except as indicated in the horizontal
section1) None
2) None
3) Unbound4) None, with respect to the categories of persons
referred to in the market access column of thehorizontal sectionS/DCS/W/KEN
Page 14
ADDITIONAL COMMITMENTS OF KENYA ON REGULATORY PRINCIPLES
REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service
that:
(a) are exclusively or predominantly provided by a single or limited number of suppliers;
and
(b) cannot feasibly be economically or technically substituted in order to provide a 
service.
A major supplier is a supplier which has the ability to materially affect the terms of
participation (having regard to price and supply) in the relevant market for basic telecommunications
services as a result of:
(a) control over essential facilities;  or
(b) use of its position in the market.
1. Competitive Safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone
or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results;  and(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and commercially relevant information which 
are necessary for them to provide services.S/DCS/W/KEN
Page 15
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by another supplier, where specific commitments are
undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications)
and rates and of a quality no less favourable than that provided for its own like services or for
like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and
cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, andsufficiently unbundled so that the supplier need not pay for network components or facilities
that it does not require for the service to be provided;  and
(c) upon request, at points in addition to the network termination points offered to the majority of
users, subject to charges that reflect the cost of construction of necessary additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection
agreements or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time or
(b) after a reasonable period of time which has been made publicly known to an independent 
domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve
disputes regarding appropriate terms, conditions and rates for interconnection within a 
reasonable period of time, to the extent that these have not been established previously.
3. UNIVERSAL SERVICE
Any Member has the right to define the kind of universal service obligation it wishes to
maintain. Such obligations will not be regarded as anti-competitive per se, provided they are
administered in a transparent, non-discriminatory and competitively neutral manner and are not more
burdensome than necessary for the kind of universal service defined by the Member.S/DCS/W/KEN
Page 16
4. PUBLIC AVAILABILITY OF LICENSING CRITERIA
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence and
(b) the terms and conditions of  individual licences.The reasons for the denial of a licence will be made known to the applicant upon request.
5. INDEPENDENT REGULATORS
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by the regulators shall be
impartial with respect to all market participants.
6. ALLOCATION AND USE OF SCARCE RESOURCES
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory
manner.  The current state of allocated frequency bands will be made publicly available, but detailed
identification of frequencies allocated for specific government uses is not required.
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