The current applicable Building Code which provides for the construction of new buildings dates back to 1968.

Needless to say, it is a critical and influential document and it is about time it was updated to provide for the new global trends.

The updating process currently ongoing is both urgent and necessary. Many things have changed in the past 50 years, not least the development of the internet, which is now a very critical infrastructure for studying, communicating, shopping, trading, working, accessing government services, and of course, entertainment.

With the surge in the use of mobile internet through their phones, the usage of fiber internet is steadily growing across the country, covering many homes and businesses, and no doubt they will be able to at least cover all major streets in the urban areas.

To this end, the update to the current building code present a once-in-a-lifetime opportunity to make all new buildings, both for homes and businesses, in the cities for starters, ready and easy to compulsorily connect to fiber internet.

Readily available broadband will not only enable consumers and businesses reap the huge benefits of the fastest and most resilient internet connections, but also make local communities better places to live, to invest, to set up business and retain talented young people.

For the economy, it will support increased productivity and new business opportunities. For Kenya to remain competitive and harness the economic power of digital technology and enterprise, it must encourage a nationwide deployment of gigabit capable networks.

The digital divide in Kenya is real. A recent report found that 40 per cent of students stated that a lack of data bundles hindered them from accessing lessons on smartphones and other devices during Covid-19.

As Kenya deploys large amounts of housing as part of the Big Four agenda and expands massively new broadband networks, there is a real opportunity for gigabit-capable infrastructure to be deployed to new homes from the outset. This would be a significant step towards delivering world-class digital infrastructure to Kenya.

Building network

It will also give greater certainty to industry and lowering the cost of building networks, enabling the market to deploy gigabit-capable connections as fast and as far as possible.

This will also remove any risk of a digital divide, where many homes are built without gigabit broadband. Without mandating certain requirements, those in middle-class or high-end apartments and houses will likely get such infrastructure by default,

However, those in more affordable housing may not, as developers cut costs—even though this would increase costs for the residents there who may have to rely on mobile broadband, or for whom fiber may be more expensive since the providers will have to spend more money and time to install it.

Many countries around the world have implemented regulations to do this, France in 2012 and China in 2013 are leading examples.

A European Parliamentary Directive has established minimum requirements relating to civil works and physical infrastructure so that member states must ensure that all newly constructed buildings at the end-user’s location are equipped with a high-speed-ready in-building physical infrastructure, up to the network termination points.

Enacted legislation
European Union countries have thus enacted legislation to implement this directive, which focuses on four main areas;

• Access to existing physical infrastructure (e.g. ducts, poles or masts) including those belonging to energy and other utilities, for operators willing to deploy high speed broadband networks.
• Efficient coordination of civil works.
• Faster, simpler and more transparent permit-granting procedures.
• Equipment of new buildings and major renovations with high-speed physical infrastructures (e.g. mini-ducts, access point) and access to in-building infrastructure.

Kenya’s ICT Policy, 2019, has stated that the Kenyan government has similar intentions: “The government will liaise with all relevant government agencies to require that all new commercial and private developments are designed and adequately provided with facilities for high-speed connectivity”.

Therefore, Kenyan’s new Building Regulations, currently being repealed should require all buildings to have:

• Entry manholes at street level for all new buildings
• Entry ducts from manholes to equipment room
• Equipment rooms (with access to power and cooling) in all buildings
• Ducts for risers to all floors
• Cable trays and fiber distribution terminals on all floors
• Data points in common areas
• Fiber equipment that meets relevant standards

There are many issues that must be addressed, but it is imperative that Kenya does not miss this particular opportunity with the repealing of the Building Regulations.

— The writer is Advocate of the High Court of Kenya