Section 27 of The Kenya Information and Communications Act CAP 411A: 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 Minister in consultation with the Commission may make regulations with respect to -
(a) the running of telecommunication systems;
(b) the privacy of telecommunication;
(c) the provision of telecommunication services pursuant to the provisions of section 23 and in particular, the manner in which such services shall be offered and performed, the issue of licences and the payment of fees in respect thereof, and such other matters as it deems fit;
(d) the period during which and conditions subject to which messages and papers relating to telecommunication services belonging to, or in the custody of telecommunication operators shall be preserved;
(e) the issue, variation and withdrawal of approvals in respect of contractors for relevant operations in connection with any telecommunication system and the maintenance of registers of such contractors;
(f) fees and other charges for any matter permitted or matters required to be done under this Act in relation to telecommunication services;
(g) the form of any licence, notice, approval, certificate, authority or other written document required or permitted to be issued by or submitted to the Commission in relation to telecommunication services;
(3) Regulations under this section may make different provisions with respect to different classes or descriptions of telecommunication systems, apparatus or services.
(4) Any person who contravenes any regulation made under this section commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.
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- 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...
- Section 53 - Postage Stamps and postal charges
The public postal licensee shall have exclusive rights to issue postage stamps and provide private letter boxes subject to such conditions as the Commission may specify.
- Section 54 - Addressee may be liable for postage, etc
(1) The person to whom any postal article is tendered for delivery on which postage or any other charge is due shall be liable to pay such postage or other charge unless—
(a) he refuses to accept...
- Section 55 - Postal articles not to be opened
(1) Subject to this Act, where any postal article is in the course of transmission by post, no employee of the licensee shall open it or deliver it to any person other than the addressee, or permit it...
- Section 56 - Interception of postal articles in public emergency, etc.
(1) On the declaration of any public emergency or in the interest of public safety or tranquillity, the Minister responsible for Internal Security may, by an order in class or description of postal...
- Section 57 - Article or material injurious to persons
(1) No person shall send by post any material or postal article which is likely to injure any person in the course of transmission by post.
(2) Except as otherwise provided by regulations made under...
- Section 58 - Prohibited materials
No person shall send by post—
(a) any indecent or obscene printing, photograph, lithograph, engraving, book or card or any other indecent or obscene article;
(b) any postal article having thereon,...
- Section 59 - Regulations prohibiting injurious articles
The Commission may make regulations in respect of the articles prohibited by section 58 and for the detaining, disposing of, or destroying any such postal article sent or tendered for transmission by...
- Section 60 - Material sent in contravention of this Act
(1) Where any postal article sent by post is reasonably suspected by the public postal licensee or other person licensed to provide postal services under this Act to have been sent in contravention of...
- Section 61 - Power to deal with postal articles containing anything in respect of which an offence is committed
(1) If any licensee under this Part has reason to believe that any postal article contains anything in respect of which an offence is being or has been committed, or is being attempted to be...
- Section 62 - Withholding postal articles until postage, etc., is paid
If any person refuses to pay any postage or other sum which he is legally bound to pay in respect of any postal article, the licensee may, without prejudice to any other method of recovery, withhold...
- Section 63 - Postal financial services
(1) The Commission shall allow the public postal licensee to carry out postal financial services on its own account.
(2) For the purposes of this section, “postal financial services” include money...
- Section 64 - Refund of wrong payment of money order
Where any person receives—
(a) any amount paid to him in respect of a money order by an employee of the public postal licensee, in excess of that which ought to have been paid to him; or
(b) any...
- Section 65 - Proof of return, of postal articles
In any proceedings for the recovery of any postage or other charge alleged to be due under this Act in respect of any postal article—
(a) the production of the postal article having thereon the...
- Section 66 - Regulations for postal services
The Minister in consultation with the Commission may make regulations generally with respect to postal services and, without prejudice to the generality of the foregoing, with respect to—
(a) the...
- Section 67 - Operating without a valid licence
A person who otherwise than in accordance with the terms of a valid licence issued under section 51 (a) conveys any letter or postal article;
(b) performs any service incidental to conveying, any...
- Section 68 - Damaging letter box
A person who places in or against any letter box provided by the public postal licensee for the reception of postal articles any fire, match or light, or any explosive, dangerous, filthy, noxious, or...
- Section 69 - Affixing materials on post office
A person who, without the authority of the public postal licensee, affixes any placard, advertisement, notice, document, board or other thing in or on, or paints tar, or in any way disfigures any post...
- Section 70 - Unlawful opening or delivery, etc., of postal articles by employees of licensee
A person who, being an employee of the public postal licensee or being employed in connection with postal services—
(a) opens or permits to be opened any postal article otherwise than in accordance...
- Section 71 - Transmitting offensive material by post
Any person, who without lawful excuse, the proof of which shall lie on the person charged, sends or procures to be sent by post, a postal article which has thereon or enclosed therein any word,...
- Section 72 - Unlawful opening of postal articles, etc., by non-employees of licensee
Any person who, not being an employee of the public postal licensee or not being employed in connection with postal services-
(a) opens any postal article otherwise than in accordance with this...
- Section 73 - Using of fictitious stamps
Any person who—
(a) makes or knowingly utters, deals in, hawks, distributes, or sells any fictitious stamps or knowingly uses for postal purposes any fictitious stamps;
(b) has in his possession...
- Section 74 - Use of certain words
Any person who, without authority from the Commission, places or maintains or permits to be placed or maintained in or on any house, wall, door, window, box, pillar or other place, belonging to him or...
- Section 75 - Transmitting prohibited articles by post
Any person who—
(a) sends by post any postal article which is prohibited from being so transmitted under any regulations made under this Act;
(b) sends by post, otherwise than in accordance with any...
- Section 76 - Interfering with postal installation
Any person who unlawfully and wilfully removes, destroys or damages any installation or plant used for postal services commits an offence and shall on conviction, be liable to a fine not exceeding one...
- Section 77 - Application for licence
(1) Every application for a licence under this Act shall be in the prescribed form addressed to the Commission and shall be accompanied by such fee as may be prescribed.
(2) The Commission may, with...