The Kenya Information And Communications Act Cap 411A in Kenya

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• The Kenya Information and Communications Act CAP 411A

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103 sections

• Section 1 of The Kenya Information and Communications Act CAP 411A: Short title
  

  This Act may be cited as the Kenya Communications and Act, 1998.

  
  
• 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,...

  
  
• Section 3 of The Kenya Information and Communications Act CAP 411A: 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, in its corporate name, be capable of— (a) suing and being sued; (b) taking, purchasing or...

  
  
• Section 4 of The Kenya Information and Communications Act CAP 411A: Headquarters
  

  The Headquarters of the Commission shall be in Nairobi.

  
  
• Section 5 of The Kenya Information and Communications Act CAP 411A: 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 Act. (2) The Commission shall have all powers necessary for the performance of its functions under...

  
  
• Section 6 of The Kenya Information and Communications Act CAP 411A: 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 shall be appointed by the Minister; (c) the Permanent Secretary in the ministry for the time being...

  
  
• Section 7 of The Kenya Information and Communications Act CAP 411A: 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 Board shall have power to— (a) manage, control and administer the assets of the Commission in such...

  
  
• Section 8 of The Kenya Information and Communications Act CAP 411A: 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 of The Kenya Information and Communications Act CAP 411A: 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 the powers or the performance of any of the functions or duties of the Board under this Act.

  
  
• Section 10 of The Kenya Information and Communications Act CAP 411A: 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 of The Kenya Information and Communications Act CAP 411A: 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 Director-General shall be an ex officio member of the Board but shall have no right to vote at any...

  
  
• Section 12 of The Kenya Information and Communications Act CAP 411A: 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, assign. (2) In the performance of his duties under this Act, the Secretary shall be responsible to the...

  
  
• Section 13 of The Kenya Information and Communications Act CAP 411A: 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 service as the Board may determine.

  
  
• Section 14 of The Kenya Information and Communications Act CAP 411A: 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 to a document and duly authenticated, shall be judicially and officially noticed and unless and...

  
  
• Section 15 of The Kenya Information and Communications Act CAP 411A: 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 functions, powers or duties of the Commission under this Act, render the member, officer, employee or agent...

  
  
• Section 16 of The Kenya Information and Communications Act CAP 411A: 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 exercise of any power conferred by this Act or any other written law or by the failure, whether wholly...

  
  
• Section 17 of The Kenya Information and Communications Act CAP 411A: 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 under this Act; (b) such sums as may be payable to the Commission pursuant to this Act or any other...

  
  
• Section 18 of The Kenya Information and Communications Act CAP 411A: 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 of The Kenya Information and Communications Act CAP 411A: 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 estimates shall make provision for all estimated expenditure of the Commission for the financial...

  
  
• Section 20 of The Kenya Information and Communications Act CAP 411A: 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 of each financial year, the Board shall submit to the Auditor-General (Corporations) or to an auditor...

  
  
• Section 21 of The Kenya Information and Communications Act CAP 411A: 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 place on deposit with such bank or banks as it may determine, any moneys not immediately required for...

  
  
• Section 22 of The Kenya Information and Communications Act CAP 411A: 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 Minister shall lay the annual report before the National Assembly within three months of the day the...

  
  
• Section 23 of The Kenya Information and Communications Act CAP 411A: 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 information services, as are reasonably necessary to satisfy the public demand thereof. (2) Without...

  
  
• Section 24 of The Kenya Information and Communications Act CAP 411A: 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 contravenes any of the provisions of this section commits an offence and shall be liable on conviction to...

  
  
• Section 25 of The Kenya Information and Communications Act CAP 411A: 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 specified class or any particular person to (a) operate telecommunication systems; or (b) provide...

  
  
• Section 26 of The Kenya Information and Communications Act CAP 411A: 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 conditions of a licence and that the contravention or apparent contravention is not of a trivial...

  
  
• 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...

  
  
• Section 28 of The Kenya Information and Communications Act CAP 411A: 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 the provision of that service commits an offence and shall be liable on conviction to a fine not...

  
  
• Section 29 of The Kenya Information and Communications Act CAP 411A: 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 that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to...

  
  
• Section 30 of The Kenya Information and Communications Act CAP 411A: 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 of that system, commits an offence and shall be liable on conviction to a fine not exceeding three...