Kenya’s government opposes using regulation to force East Africa’s biggest mobile operator, Safaricom, to be broken up, after a draft study found the company is dominant in the country’s telecommunications industry, ICT secretary Joseph Mucheru said.

The government disapproves of measures that would stifle innovation as it wants companies to expand by investing in new products and technology, Mucheru said in an interview Friday in the capital, Nairobi.

The country has existing laws that can be used to stimulate competition without having to introduce new regulations, he said.

A draft report by UK advisory group Analysys Mason commissioned by Kenya’s regulator, the Communications Authority, found that Safaricom is a dominant player in the mobile money and mobile communications sectors and recommended that, unless steps are taken to improve competition, the company should be broken up.

Analysys Mason declined to comment, referring all queries to the regulator, which said it’s reviewing the study as it considers steps to enable Safaricom’s rivals to compete better. Safaricom is 40% owned by Vodafone.

“As the government, we do not support regulation that splits companies based on innovation,” Mucheru said. “To say that any company that innovates something — they are likely to be penalised by law — I believe, is unfair.”

Safaricom is Kenya’s biggest mobile provider with a 69% market share, according to the Communications Authority. Its closest rival is the national unit of Bharti Airtel, with 17,5%, while it also competes with Helios Investment Partners-owned Telkom Kenya.

Safaricom’s M-Pesa mobile banking product is also a significant market leader, processing about 851bn shillings (R106bn) of transactions during the third quarter last year, about 79% of the total value of mobile money transactions in Kenya.

About 17,6m Safaricom customers use M-Pesa, more than a third of the country’s 46,8m population. The platform allows users to buy groceries and pay utility accounts, while enabling people in remote rural areas who don’t have access to financial services to send and receive money using only their mobile phones.

The Communications Authority, which falls under the ICT ministry, expects to publish the final version of the Analysys Mason report in two months, after it’s been reviewed by licensees and Kenya’s antitrust authority, the regulator said by e-mail on Friday. Airtel Kenya has previously asked the regulator to break off Safaricom’s mobile money unit and allow it to be run by an independent entity to foster greater competition.

Kenyan opposition lawmaker Jakoyo Midiwo last month proposed introducing a law to force Safaricom to be split, a plan that CEO Bob Collymore called “ plain stupid”. The company hasn’t yet responded to an e-mailed request for further comment.

“It would be a shame if we now started punishing innovation by just legislating without taking into account our future and where we want to go in a more globalised market,” Mucheru said. “I believe that is a decision that a board and company can take. It does not have to be taken through regulation.”

Safaricom shares were unchanged at 16,90 shillings by 12.23pm after falling for five consecutive trading sessions last week to their lowest level since 3 June. That values the company at R86bn. By comparison, MTN Group, Africa’s biggest mobile phone company, has a market capitalisation of R330bn.

Breaking up the company risks “untold consequences” for Kenya’s financial system, Linus Gitahi, chairman of Nairobi-based brokerage AIB Capital said in an opinion article published in the local Daily Nation newspaper on 1 March.