Section 9 - 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...
Section 11 - 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...
Section 12 - 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,...
Section 13 - 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...
Section 14 - 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...
Section 15 - 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...
Section 16 - 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...
Section 17 - 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...
Section 18 - 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 - 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...
Section 20 - 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...
Section 21 - 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...
Section 22 - 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...
Section 24 - 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...
Section 25 - 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...
Section 26 - 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...
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 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 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 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 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 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 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,...