Section 88 of The Kenya Information and Communications Act CAP 411A: Powers on occurrence of emergency
(1) On the declaration of any public emergency or in the interest of public safety and tranquillity, the Minister for the time being responsible for internal security may, by order in writing, direct any officer duly authorised in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and -
(a) in the case of radio communication, that any communication or class of communication shall or shall not be emitted from any radio communication station or apparatus taken under this section; or
(b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; or
(c) in the case of postal services, that any postal article or class or description of postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minster may direct.
(2) A certificate signed by the Minister for the time being responsible for internal security shall be conclusive proof of the existence of a public emergency, or that any act done under subsection (1) was done in the public safety or tranquillity.
(3) A telecommunication apparatus constructed, maintained or operated by any person within Kenya or any postal article which is seized by any officer duly authorised under subsection (1) (a) shall be returned to the telecommunication operator at the end of the emergency or where such apparatus or article is not returned, full compensation in respect thereof, to be determined by the Minister, shall be paid to the owner.
(4) A person aggrieved by a decision of the Minister under subsection (3) as to the compensation payable in respect of anything seized under this section may appeal to the High Court within fourteen days of such decision.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 89 - Entry and search of premises, etc.
(1) If a court is satisfied by information on oath that there is reasonable ground for suspecting that an offence under the provisions of this Act has been or is being committed, and that the evidence...
- Section 90 - Seizure of apparatus, article or other property
(1) A search warrant granted under section 89 may authorise the person or persons named in it to seize and detain, for the purposes of any relevant proceedings, any radio-communication apparatus,...
- Section 91 - Forfeiture of property used in commission of offence
(1) Where a person is convicted of an offence under this Act for the contravening of any of the provisions relating to any radio communication station or telecommunication system, or any...
- Section 92 - Disposal of property seized under section 90
(1) Any property seized by a person authorised by a warrant under section 89 may be detained—
(a) until the end of the period of six months from the date of the seizure; or
(b) if proceedings in...
- Section 93 - General restrictions on disclosure of information
(1) No information with respect to any particular business which—
(a) has been obtained under or by virtue of the provisions of this Act; and
(b) relates to the private affairs of any individual or...
- Section 94 - Powers in relation to electricity undertakers, etc.
(1) Subject to subsection (7), any person who establishes or operates, under any written law or otherwise, any undertaking for the supply of electricity (in this section referred to as “the...
- Section 95 - Structures likely to interfere with telecommunication or postal services
Where any person erects any building or structure which is likely to cause interference with the telecommunication, or radio communication or postal services, the telecommunication operator or, as the...
- Section 96 - Offences by companies
(1) Where any offence under this Act has been committed by a company or body corporate, every person who at the time of the commission of the offence was a director, general manager, company secretary...
- Section 97 - Property of the Commission in the custody of employee.
(1) Where any employee of the Commission dies or leaves property of the service of the Commission and at the time of such death or termination of service any premises of the Commission were occupied...
- Section 98 - Limitation.
Where any action or other legal proceeding is commenced against the Commission for any act done in pursuance or execution, or intended execution of this Act or of any public duty or authority, or in...
- Section 99 - Restriction on execution against property of Commission
Notwithstanding anything to the contrary in any law—
(a) where any judgement or order has been obtained against the Commission no execution or attachment, or process in the nature thereof, shall be...
- Section 100 - Service of notice, etc., on Director-General
Any notice or other document required or authorised under this Act to be served on the Commission may be served—
(a) by delivering of the notice or other document to the Director-General or to any...
- Section 101 - Service of notice, etc., by Director-General
Any notice or other document required or authorised under this Act to be served on any person by the
Commission or the Director-General or any employee may be served—
(a) by delivering it to that...
- Section 102 - Establishment and constitution of Appeals Tribunal
(1) There shall be established an Appeals Tribunal for the purpose of arbitrating in cases where disputes arise between the parties under this Act which shall consist of—
(a) a chairman who shall be...
- Section 103 - Repeal of Cap. 411 and savings
(1) The Kenya Posts and Telecommunication Corporation Act (Cap. 411) is repealed.
(2) The provisions of the Third Schedule shall, upon the repeal of the Kenya Posts and
Telecommunication Corporation...