Kenya Information and Communications Act No. 2 of 1998 (Revised Edition 2020)

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An Act of Parliament to provide for the establishment of the Communications Commission of Kenya, to facilitate the development of the information and communications sector (including broadcasting, multimedia, telecommunications and postal services) and electronic commerce, to provide for the transfer of the functions, powers, assets and liabilities of the Kenya Posts and Telecommunication Corporation to the Commission, the Telcom Kenya Limited and the Postal Corporation of Kenya, and for connected purposes.

Contents (Portions)

PART I – PRELIMINARY

Section 1. Short title and Commencement
2. Interpretation

PART II – COMMUNICATIONS AUTHORITY OF KENYA
3. Establishment of Commission
4. Headquarters
5. Object and purpose of the Commission
5A. Independence of the Authority.
5B. Freedom of the Media
5C. Policy guidelines by the Cabinet Secretary
6. Board of Authority
6A. Qualifications for appointment of chairperson and members of the Board.
6B. Deleted
6C. Term of office.
6D. Vacation from office
7. Powers of the Board
8. Conduct of business and affairs of the Board
9. Delegation by the Board
10. Remuneration of Board members
11. The Director-General
12. Repealed
13. Staff of the Commission
14. The common seal of the Commission
15. Protection from personal liability
16. Liability for damages
17. Funds of the Commission
18. Financial year
19. Annual estimates
20. Accounts and audit
21. Investment of funds
22. Annual report

PART III – TELECOMMUNICATION SERVICES
23. Provision of telecommunication services
24. Requirement of licence
25. Telecommunication Licences
25A. Payment of licence fees
26. Deleted
27. General regulations for telecommunication services, Registration of SIM-Cards
27A. Duties of telecommunications operators
27B. Registration by agents
27C. Duties of telecommunication subscribers.
27D. Regulations on SIM-card Registration Offences relating to Telecommunication Services
28. Obtaining service dishonestly
29. Improper use of system
30. Modification, etc., of messages
31. Interception and disclosure
32. Tampering with telecommunication plant
32A. Severing with intent to steal
33. Trespass and willful obstruction of telecommunication officer
34. Prohibition of unlicensed telecommunication system

PART IV – RADIO COMMUNICATION
35. Licensing requirements
36. Radio communication licence
37. Licenses for scientific or research use
38. Regulations on radio communication
39. Regulations for radiation of electro-magnetic energy
40. Regulations with respect to resistance to interference
41. Enforcement of regulations as to use of apparatus
42. Onus of proof
43. Enforcement of regulations as to sales, etc., by manufacturers and others
44. Unlawfully sending of misleading messages, etc
45. Deliberate interference with radio communication
46. Extent of the application of provisions relating to radio communication

PART IVA – BROADCASTING SERVICES AND CYBER SECURITY
46A. Functions of the Commission in relation to broadcasting services.
46B. Classification of Broadcasting Services
46C. Requirement of a Broadcasting Licence
46D. Eligibility for licensing and consideration, for grant of licence
46E. Public broadcasting services. 46F. Community broadcasting services.
46G. Private Broadcasting Services
46H. Commission to prescribe programme code.
46I. Responsibilities of broadcasters
46J. Revocation of licences
46K. Regulations on broadcasting
46L. Requirement on complaints procedure
46M. Access to programmes
46N. Requirement for a licence for signal distribution
46O. Signal Distribution services
46P. Revocation or signal distribution licence
46Q. Offences relating to broadcasting services.
46R. Transitional provisions.
46S. Repealed.

PART V – POSTAL AND COURIER SERVICES

PART VI – LICENSING AND ENFORCEMENT

PART VIA – ELECTRONIC TRANSACTIONS

83B. Application
83C. Functions of the Commission in relation to electronic transactions.
83D. Requirement for a licence
83E. Licence for electronic certification services
83F. Licence for country code top-level domain
83G. Legal recognition of electronic records
83H. Retention of electronic records
83I. Retention of information in original form
83J. Formation and validity of contracts
83K. Recognition of parties of electronic messages
83L. Attribution of electronic records
83M. Acknowledgment of receipt
83N. Secure electronic record
83O. Compliance with requirement for a signature
83P. Legal recognition of electronic signatures
83Q. Protected systems.
83R. Regulations for elecronic signatures

PART VIB – UNIVERSAL SERVICE FUND

PART VIC – FAIR COMPETITION AND EQUAL TREATMENT

PART VII – MISCELLANEOUS PROVISIONS

 

Document Details

Document Type: 
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Authoring Country: 
Originating Country or Trade Block: 
Issue Status: 
Year of Document: 
2020
Document Authors: 
Parliament
Language (This Document): 
English

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