Women entrepreneurs’ legal position in relation to effecting communications and payments using mobile phones: A need for reform

Abstract

The use of mobile phones for their communication and simple financial payments needs has been widely touted as capable of facilitating women’s development, by aiding women reduce the flexibility, mobility and time constraints they face in running their small businesses in addition to their responsibility of managing households. This dissertation explores how women in informal business in a small, urban fruits and vegetable market in Nairobi Kenya, use mobile phones to meet their communication and payment needs in both personal and business lives. While Mobile phones have been recommended for their catalytic role of in facilitating development for the poor and marginalised women, their adoption and use, as a means of empowering women poses challenges that the government through its sector regulators need to seriously consider. To start with, the people who stand to benefit most by use of mobile phone technology are women, the poor and the marginalised. These are the people who often face imbalances in economic terms, educational levels and bargaining power. They are especially vulnerable because the capacity of technology to facilitate their access to services lauded as capable of facilitating their development, presents opportunities and challenges in equal measure. A combination of mobile telephony and mobile payments now opens up business people large and small to unlimited possibilities. The dissertation sought to identify the benefits and the challenges that the women face in their use of mobile phones for communication. It raises issues of consumer protection as challenge for banking and communications regulators. It also delves into the benefits and challenges that use of basic mobiles payment services presents. It provides an overview of the applicable legal and regulatory framework and suggests pertinent issues that need reform.