- Section 32 of The Kenya Information and Communications Act CAP 411A: 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, damages, removes, tampers with, touches or in any way whatsoever interferes with any
telecommunication...
- Section 33 of The Kenya Information and Communications Act CAP 411A: 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 notice to the contrary; or
(c) refuses to leave such equipment room or enclosure on being requested...
- Section 34 of The Kenya Information and Communications Act CAP 411A: 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 telecommunication system in accordance with a licence granted under section 25 of this Act shall commit an...
- Section 35 of The Kenya Information and Communications Act CAP 411A: 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 who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction...
- Section 36 of The Kenya Information and Communications Act CAP 411A: 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 apparatus or to install or use any apparatus for radio communication.
(2) A licence granted under this...
- Section 37 of The Kenya Information and Communications Act CAP 411A: 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 the applicant to conduct experiments in radio communications for the purpose of scientific...
- Section 38 of The Kenya Information and Communications Act CAP 411A: 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 broadcasting) and, without prejudice to the generality of the foregoing, with respect to -
(a) the fees or...
- Section 39 of The Kenya Information and Communications Act CAP 411A: 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 this section applies;
(b) for prescribing the requirements to be complied with in the case of any...
- Section 40 of The Kenya Information and Communications Act CAP 411A: 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 in respect of any apparatus shall be such as appear to the Commission to be appropriate for the...
- Section 41 of The Kenya Information and Communications Act CAP 411A: 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 (b) that either—
(i) the use of the apparatus is likely to cause undue interference with any radio...
- Section 42 of The Kenya Information and Communications Act CAP 411A: 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 thereof, unless he satisfies the court that he was not aware and could not with reasonable...
- Section 43 of The Kenya Information and Communications Act CAP 411A: 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 on any person who has manufactured, assembled or imported such apparatus in the course of business,...
- Section 44 of The Kenya Information and Communications Act CAP 411A: 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 any safety-of-life service or endanger the safety of any person, or of any vessel, aircraft or...
- Section 45 of The Kenya Information and Communications Act CAP 411A: 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, or to imprisonment for a term not exceeding one year or to both.
- Section 46 of The Kenya Information and Communications Act CAP 411A: 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 territorial waters adjacent thereto; and
(b) subject to any limitations which the Commission may, by...
- Section 47 of The Kenya Information and Communications Act CAP 411A: 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 terms as the Commission may deem expedient;
(b) ensure that the public post licensee is able to provide...
- Section 48 of The Kenya Information and Communications Act CAP 411A: 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 three hundred and fifty grams;
(b) trade announcements, circulars, printed extracts from newspapers or...
- Section 49 of The Kenya Information and Communications Act CAP 411A: 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 contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not...
- Section 50 of The Kenya Information and Communications Act CAP 411A: 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 under this Part relating to postal articles being conveyed, within the system of a public postal...
- Section 51 of The Kenya Information and Communications Act CAP 411A: 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 in the prescribed form authorising any person to operate or to provide postal services in accordance...
- Section 52 of The Kenya Information and Communications Act CAP 411A: 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 forthwith of the current tariffs charged for postal services and changes to the tariffs for each...
- Section 53 of The Kenya Information and Communications Act CAP 411A: 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 of The Kenya Information and Communications Act CAP 411A: 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 delivery of such postal article; or
(b) having accepted delivery of such postal article, he forthwith...
- Section 55 of The Kenya Information and Communications Act CAP 411A: 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 to be opened or delivered to any person other than the addressee, unless he is authorised to do so...
- Section 56 of The Kenya Information and Communications Act CAP 411A: 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 articles in the course of transmission by post within Kenya shall be intercepted or detained or shall...
- Section 57 of The Kenya Information and Communications Act CAP 411A: 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 this Act and subject to such conditions as may be prescribed, no person shall send by post any...
- Section 58 of The Kenya Information and Communications Act CAP 411A: 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, or on the cover thereof, any words or designs of an indecent, obscene, scurrilous, threatening or...
- Section 59 of The Kenya Information and Communications Act CAP 411A: 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 post.
- Section 60 of The Kenya Information and Communications Act CAP 411A: 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 this Act or of any of the regulations made thereunder, or of any other written law, the public...
- Section 61 of The Kenya Information and Communications Act CAP 411A: 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 committed, such licensee may require, by notice in writing, the attendance, at a specified post office and...