Section 2 of The Kenya Information and Communications Act CAP 411A: Interpretation
(1) In this Act unless, the context otherwise requires—
“Board” means the Board of Directors constituted under section 6;
“Commission” means the Communications Commission of Kenya established under section 3;
“courier services” means any specialised service for the collection, despatch, conveyance, handling and delivery of postal articles;
“customs law” means any law relating to the collection of customs duties or transfer tax;
“Director-General” means the Director-General of the Commission appointed under section 6;
"equipment" includes any appliance, apparatus or accessory used or intended to be used for postal services;
“financial year” means a financial year within the meaning of section 18;
“franking machine” means a machine for the purpose of making impressions on postal articles to denote pre-payment of postage and includes any meter or meters and any franking or datestamping die incidental thereto;
“installation or plant used for posts” includes all buildings, lands, structures, machinery, equipment, boxes and receptacles used or intended for use in connection with the transmission of postal articles by post;
“letter” means any written or printed communication conveying from one person to another particular information upon matters personal to such persons or information upon which it is intended that the recipient should reply, act or refrain from acting, but does not include any written or printed communication which is a newspaper or a periodical accompanied by any other communication;
“mail bag” means any bag, container, envelope or covering in which postal articles are conveyed;
“Minister” means the Minister for the time being responsible for communications;
“parcel” means a postal article which is posted at the office of a licensee as a parcel or is received at another office:
Provided that the said parcel is not smaller than the minimum size or heavier than the maximum weight prescribed;
“post”—
(i) when used with reference to telecommunication includes any pole, standard, stay, strut or other above-ground contrivance for installing, carrying, supporting or suspending a telecommunication line; and
(ii) when used with reference to the transmission of postal articles by post, means any system for the collection, despatch, conveyance, handling and delivery of postal articles;
“post office” means any building, house, room, receptacle, vessel, vehicle or place where postal articles are received, delivered, sorted, made up or despatched;
“postage” means the fee chargeable for the transmission by post of postal articles;
“postage stamp” means any label or stamp for denoting any postage or other sum payable in respect of a postal article, and includes an adhesive postage stamp or a stamp printed, impressed or otherwise indicated on a postal article, whether issued by the Government of Kenya or any other country;
“postal article” means any article or thing transmissible by post, including but not limited to letters, aerogrammes, postcards and parcels but does include such article or thing as the Commission determines not to be transmissible by post;
“postal service” means any service by post;
“postcard” means a card recognised as a postcard in accordance with the terms of the Convention regulating the affairs of the Universal Postal Union;
“posting box” includes any pillar box, wall box, any other box or receptacle provided by or under the authority of the public postal licensee for the purpose of receiving postal articles for transmission by or under the authority of the public postal licensee;
“private letter box/bag” means any receptacle whether identified by a distinctive number or not rented to a person for the receipt of postal articles and capable of being used whether the person or company renting it has his business premises open or not;
“public postal licensee” means the Postal Corporation of Kenya established under the Postal Corporation of Kenya Act, 1998 (No. 3 of 1998);
“public postal licensee’s installation or plant” means any installation or plant used for postal purposes belonging to or used by the public postal licensee;
“radio communication” means the emitting or receiving over paths which are not provided by any material substance constructed or arranged for that purpose, of electro-magnetic energy of a frequency not exceeding three million megahertz being energy which either—
(i) is capable of being transmitted through a telecommunication system; or
(ii) is used in connection with the determination of position, bearing or distance, or for the gaining of information as to the presence, absence or, motion of any object or objects of any class;
“radio communication apparatus” means any apparatus capable of being used or adapted for radio communication and where the context so requires, includes a radio communication station;
“radio communication station” means any telecommunication station capable of being used or being adapted for radio communication;
“telecommunication apparatus” means apparatus constructed or adapted for use in transmitting anything which is transmissible by a telecommunication system, or in conveying anything which is transmitted through such a system;
“telecommunication line” means any wire, cable, tube, pipe or other similar thing which is designed or adapted for use in connection with the operation of a telecommunication system or a radio communication apparatus with any casing, coating, tube or pipe enclosing the same and any appliances and apparatus connected therewith for the same; and includes any structure, post or other thing in, by or from which any telecommunication and radio-communication apparatus is or may be installed, supported, carried or suspended;
“telecommunication officer” means any person employed either permanently or temporarily by a telecommunication operator in connection with a telecommunication system licensed under section 79;
“telecommunication operator” means a telecommunication operator licensed under section 79;
“telecommunication service” means any of the following—
(i) a service consisting of the conveyance by means of a telecommunication system of anything falling within subparagraphs (i) to (v) in the definition of “telecommunication system”;
(ii) a service consisting of the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to a telecommunication system; or
(iii) a directory information service, being a service consisting of the provision by means of a telecommunication system of directory information for the purposes of facilitating the use of a service falling within subparagraph (i) above and provided by means of that system;
“telecommunication system” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of—
(i) speech, music and other sounds;
(ii) visual images;
(iii) data;
(iv) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound, visual images or data; or
(v) signals serving for the activation or control of machinery or apparatus and includes any cable for the distribution of anything falling within (i) to (iv) above;
“Tribunal” means the Appeals Tribunal set up under section 102 of this Act;
“vessel” includes any ship, boat, air-cushioned vehicle or floating rig or platform used in navigation.
(2) For the purpose of this Act, a telecommunication system is operated by the person who controls and manages it by himself or through servants or agents.
(3) In this Act—
(a) a postal article shall be deemed to have been delivered—
(i) to the addressee, if it is delivered into the private letter box of the addressee, leaving it at the house, or office of the addressee as set out thereon, or with his employee or agent or other persons authorised to receive it and, where the addressee is a guest or is resident at a hotel, hostel or lodgings, it is left with the proprietor or manager thereof or with his agent; or
(ii) to a postal services operator licensed under section 51, if it is deposited into a posting box or handed over to an employee or agent of a postal services operator authorised to receive it;
(b) a postal article shall be deemed to be in the course of transmission by post from the time of its being delivered to the public postal licensee until the time of its being delivered to the addressee, or it is returned to the sender or otherwise disposed of under the provisions of this Act.
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- Section 3 - Establishment of Commission
(1) There is hereby established a Commission to be known as the Communications Commission of Kenya.
(2) The Commission shall be a body corporate with perpetual succession and a common seal and shall,...
- Section 4 - Headquarters
The Headquarters of the Commission shall be in Nairobi.
- Section 5 - Object and purpose of the Commission
(1) The object and purpose for which the Commission is established shall be to licence and regulate telecommunication, radio-communication and postal services in accordance with the provisions of this...
- Section 6 - Board of Directors
The management of the Commission shall vest in a Board of Directors of the Commission which shall consist of—
(a) a chairman who shall be appointed by the President;
(b) the Director-General who...
- Section 7 - Powers of the Board
The Board shall have all the powers necessary for the performance of the functions of the Commission under this Act and in particular, but without prejudice to the generality of the foregoing, the...
- Section 8 - Conduct of business and affairs of the Board
The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule, but subject thereto, the Board may regulate its own procedure.
- Section 9 - Delegation by the Board
The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Commission the exercise of any of...
- Section 10 - Remuneration of Board members
The Board, in consultation with the Minister, shall pay to members of the Board such remuneration, fees or allowances for expenses as it may determine.
- Section 11 - The Director-General
(1) The Director-General shall be the chief executive of the Commission and shall, subject to the directions of the Commission, be responsible for the day to day management of the Commission.
(2) The...
- Section 12 - Secretary to the Board
(1) There shall be a Secretary to the Board who shall be appointed on such terms and conditions as the Board may determine and who shall perform such duties as the Board may, from time to time,...
- Section 13 - Staff of the Commission
The Board may appoint such officers or servants as are necessary for the proper discharge of the functions of the Commission under this Act or any other written law, upon such terms and conditions of...
- Section 14 - The common seal of the Commission
(1) The common seal of the Commission shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.
(2) The common seal of the Commission, when affixed...
- Section 15 - Protection from personal liability
Subject to section 16, no matter or thing done by a member of the Board or by any officer, employee or agent of the Commission shall, if the matter or thing is done bona fide for executing the...
- Section 16 - Liability for damages
The provisions of section 15 shall not relieve the Commission of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the...
- Section 17 - Funds of the Commission
The funds of the Commission shall consist of—
(a) such moneys or assets as may accrue to or vest in the Commission in the course of the exercise of its powers or the performance of its functions...
- Section 18 - Financial year
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.
- Section 19 - Annual estimates
(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year.
(2) The annual...
- Section 20 - Accounts and audit
(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Commission.
(2) Within a period of three months after the end...
- Section 21 - Investment of funds
(1) The Board may invest any of the funds of the Commission which are not immediately required for its purposes in such securities as the Treasury may, from time to time, approve.
(2) The Board may...
- Section 22 - Annual report
(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Minister a report of the operations of the Board for the immediately preceding year.
(2) The...
- Section 23 - Provision of telecommunication services
(1) The Commission shall, so far as is reasonably practicable, ensure there are provided throughout Kenya, such telecommunication services and in particular, emergency, public payphone and directory...
- Section 24 - Requirement of licence
(1) No person shall—
(a) operate a telecommunication system; or
(b) provide any telecommunication services, except in accordance with a valid licence granted under this Act.
(2) A person who...
- Section 25 - Telecommunication Licences
(1) The Commission may, upon application in the prescribed manner and subject to such conditions as it may deem necessary, grant licences under this section authorising all persons, whether of a...
- Section 26 - Enforcement of licence conditions
(1) Where, on its own motion or consequent upon complaints made by third parties, the Commission -
(a) is satisfied that a telecommunication operator is contravening or has contravened any of the...
- Section 27 - General regulations for telecommunication services
(1) The Minister in consultation with the Commission may make regulations generally with respect to telecommunication services.
(2) Without prejudice to the generality of sub-section (1), the...
- Section 28 - Obtaining service dishonestly
A person who dishonestly facilitates or obtains a service provided by a person authorised under this Act to provide telecommunication services with intent to avoid payment of any charge applicable to...
- Section 29 - Improper use of system
A person who by means of a licensed telecommunication system—
(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) sends a message...
- Section 30 - Modification, etc., of messages
A person engaged in the running of a licensed telecommunication system who, otherwise than in the course of his duty, intentionally modifies or interferes with the contents of a message sent by means...
- Section 31 - Interception and disclosure
A licensed telecommunication operator who otherwise than in the course of his business—
(a) intercepts a message sent through a licensed telecommunication system; or
(b) discloses to any person the...
- Section 32 - Tampering with telecommunication plant
A person who, with intent to—
(a) prevent or obstruct the transmission or to delay any message; or
(b) intercept or acquaint himself with the contents of any message; or
(c) commit mischief,...
- Section 33 - Trespass and wilful obstruction of telecommunication officer
Any person who -
(a) without permission, enters the equipment room of a telecommunication operator; or
(b) enters any enclosure around the telecommunication office in contravention of any rule or...
- Section 34 - Prohibition of unlicensed telecommunication system
(1) A person who, while not holding a valid licence under section 25, runs a telecommunication system or provides a telecommunication service, commits an offence.
(2) Any person who runs a...
- Section 35 - Licensing requirements
(1) Subject to subsection (2), no person shall, establish or use any radio communication station or apparatus except in accordance with the terms of a licence granted under section 36.
(2) A person...
- Section 36 - Radio communication licence
(1) The Commission may, on application in the prescribed manner, grant a licence authorising any person or persons of a specified class to establish or to use any radio communication station or...
- Section 37 - Licenses for scientific or research use
(1) Where an application for the grant or renewal of a radio communication licence is made to the Commission by any person, and the Commission is satisfied that the purpose of the licence is to enable...
- Section 38 - Regulations on radio communication
(1) The Minister in consultation with the Commission may make regulations generally with respect to radio communication (other than radio communication restricted to the receiving of public...
- Section 39 - Regulations for radiation of electro-magnetic energy
(1) The Minister in consultation with the Commission may make regulations for the following purposes
—
(a) for prescribing the requirements to be complied with in the use of any apparatus to which...
- Section 40 - Regulations with respect to resistance to interference
(1) The Commission may, by regulations, prescribe technical requirements to be complied with in the case of radio communication apparatus specified in the regulations.
(2) The technical requirements...
- Section 41 - Enforcement of regulations as to use of apparatus
(1) If the Commission is of the opinion—
(a) that any apparatus does not comply with the requirements applicable to it under regulations made for the purpose under subsection (1) of section 40; or...
- Section 42 - Onus of proof
In any proceedings arising from the provisions of this Part—
(a) the occupier of any dwelling house or premises in which there is any radio-communication apparatus shall be deemed to be in possession...
- Section 43 - Enforcement of regulations as to sales, etc., by manufacturers and others
(1) If the Commission is of the opinion that any radio communication apparatus does not comply with the requirements applicable to it under regulations made under section 40, the Commission may serve...
- Section 44 - Unlawfully sending of misleading messages, etc
Any person who—
(a) by means of radio communication, sends or attempts to send any message which to his knowledge is false or misleading and is to his knowledge likely to prejudice the efficiency of...
- Section 45 - Deliberate interference with radio communication
Any person who uses any station or apparatus for interfering with any radio communication commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings,...
- Section 46 - Extent of the application of provisions relating to radio communication
(1) The provisions relating to radio communication shall apply -
(a) to all radio communication stations and radio communication apparatus in or over, or for the time being in or over Kenya or the...
- Section 47 - Functions of the Commission in relation to postal services
(1) The functions of the Commission in relation to postal services shall be to—
(a) ensure that there are provided throughout Kenya good and sufficient postal and other related services, on such...
- Section 48 - Exclusive right to provide certain postal services
(1) The Commission shall grant to the public postal licensee the exclusive right to provide private letter boxes or bags and postal services except in relation to -
(a) letters weighing more than...
- Section 49 - Requirement of licence
(1) Subject to the provisions of this Act, no person shall operate or provide postal services except in accordance with a valid licence issued in accordance with this Part.
(2) A person who...
- Section 50 - Designation of public postal licensee
The Minister shall designate the Postal Corporation of Kenya to be the public postal licensee and may, by notice in the Gazette, assign to it, any of the powers, duties and functions of the Commission...
- Section 51 - Licence to provide postal services
(1) The Commission may, upon application in the prescribed manner and subject to the conditions specified in section 52 or such other conditions as the Commission may deem necessary, grant a licence...
- Section 52 - Conditions of licence
Every licensee shall be required to observe the following conditions—
(a) to provide courier services to any person, who requests for such services where available;
(b) to notify the Commission...