MPs switch off Equity SIM card to await probe

What you need to know:

  • “In the intervening period, it is the unanimous decision of this committee that any deployment, irrespective of any licences that have been issued, must be halted,” said Mr Gumbo.
  • The Energy committee Wednesday accused CA of disregarding their instructions that they “go slow” on the approval. It warned that CA would “face the consequences” if mobile phone users encounter security breaches that Safaricom Limited had said could come with the thin SIM.
  • They said they had created an 11-member sub-committee headed by Rarieda MP Nicolas Gumbo to come up with the terms of reference for the experts and rules to guide the investigation.

MPs have directed that the use of the thin Equity Bank SIM card for money transfer be stopped until experts can verify that the intended system cannot be tampered with.

The National Assembly’s Committee on Energy, Information and Communication also said it would appoint a team to work with experts to ascertain the safety of the system.

Equity Bank intends to give its nearly eight million customers the SIM cards to be twinned with those of existing networks. This has been opposed by the biggest mobile operator, Safaricom, on security grounds.

The industry regulator, the Communication Authority (CA), had given Equity the green light to start using the SIM cards.

The Energy committee Wednesday accused CA of disregarding their instructions that they “go slow” on the approval. It warned that CA would “face the consequences” if mobile phone users encounter security breaches that Safaricom Limited had said could come with the thin SIM.

The legislators said the National Assembly would hire independent experts to assess and report on the safety of the SIM, which is paper-thin and is placed between the user’s existing SIM card and the phone. They were speaking at Parliament Buildings.

They said they had created an 11-member sub-committee headed by Rarieda MP Nicolas Gumbo to come up with the terms of reference for the experts and rules to guide the investigation.

“Unless the issues associated with the deployment of the thin SIM are completely brought out to the public, then we find it a risky position for the CA to go out and grant a licence to one of the operators,” said Mr Gumbo.

He said the authority had a duty to assuage fears that the deployment of the technology would not pose any risk regarding the privacy of data, short messages and mobile money transfers.

UNANIMOUS DECISION

“In the intervening period, it is the unanimous decision of this committee that any deployment, irrespective of any licences that have been issued, must be halted,” said Mr Gumbo.

The committee ordered the suspension until Parliament got an independent opinion confirming that the new technology “will not interfere with the things that are already in place”.

Law Society of Kenya chairman Eric Mutua told the Nation that the Communication Authority was legally bound to abide by the committee’s decision but predicted that the committee would reverse its orders.

“If the (Authority) was to go ahead and act contrary to the decisions of Parliament, then the committee of Parliament has the mandate to rectify that by either asking an arm of government to take action against it or asking the Executive to do something in relation to it. I don’t think you can ignore it very much. They can play an oversight role,” he said.

Equity Bank had not responded to the Nation’s inquiries by the time of going to press.

Asked how the committee’s orders could be implemented given that the Communication Authority is an independent body and Parliament’s roles don’t extend to regulation, committee chairman Jamleck Kamau said: “This matter is now under investigation. If CA wants to continue, they will have to face the consequences.”

He did not say how long the investigation by Parliament would take.

Once an independent expert is hired, he will prepare a report to be submitted to the sub-committee, which would then report to the main committee which would then prepare its report and table it in the House for debate.

Igembe South MP Mithika Linturi said commercial interests had gone beyond the interests of wananchi on the matter.

The Communication Authority has already given the terms for the use of the card. According to its guidelines, the thin SIM will be used for one year, during which its security will be tested.

The regulator has also asked Equity Bank to undertake to compensate subscribers for any losses they may incur during the one-year trial period if the SIM interferes with the operations of the primary one.

FOOLPROOF
“The issue of them having licensed this to go on as they continue testing is what also is baffling to us. Why couldn’t they test the entire system before and ensure it is foolproof and there is no issue of security even before proceeding with the licensing?” asked Mr Kamau.

“You don’t test the sharpness of your knife by cutting your throat.”

His committee has generally taken the position that although the authority is independent, it is not beyond the oversight powers of Parliament.

Its last meeting with the authority’s director-general, Mr Francis Wangusi, ended prematurely after the MPs discovered that the CA board had not been informed about the approval of the technology.

Mr Kamau then instructed Mr Wangusi to have the board, led by Mr Ben Gituku, approve the technology before it can be licensed. The Central Bank of Kenya was also required to be informed.

CBK Governor Njuguna Ndung’u was present at the press conference where the CA announced its decision.