- Section 92 of Kenya Railways Corporation Act CAP 397: Service of notice, etc., by the managing director
Any notice or other document required or authorized under this Act to be served on any person by the Corporation or the Managing Director or any employee may be served—
(a) by delivering it to that person;
(b) by leaving it at the usual or last known place of abode of that person; or
(c) by...
- Section 93 of Kenya Railways Corporation Act CAP 397: Regulations
(1) The Minister may make regulations generally with respect to the services performed and the functions provided by the Corporation, for the maintenance of order on any premises occupied by the Corporation or in any inland waterways port or any train, vessel or vehicle of the Corporation and,...
- Section 94 of Kenya Railways Corporation Act CAP 397: Application of Community laws
(1) Part V of the East African Railways Corporation Act (E.A. Cap. 18) shall cease to have the force of law in Kenya, except in relation to things done or falling to be done in respect of Kenya before the commencement of this Act.
(2) All regulations and orders made or deemed to be made under...
- Section 95 of Kenya Railways Corporation Act CAP 397: Transitional and savings
(1) Every contract made by or on behalf of the East African Railways Corporation which at the commencement of this Act falls wholly to be performed within Kenya shall, whether or not in writing and whether or not otherwise assignable in law by either party, have effect on and after the commencement...
- Section 96 of Kenya Railways Corporation Act CAP 397: Contracts, etc. on behalf of Corporation before commencement of this Act
(1) Any contract made and any act or thing done or purported to be made or done or any act or thing omitted to be done in Kenya on behalf of or in the name of Kenya Railways prior to the incorporation of the Corporation under this Act by any person acting in good faith and with due or apparent...
- Section 1 of The Fair Administrative Action Act CAP 7L: Short title
This Act may be cited as the Fair Administrative Action Act.
- Section 2 of The Fair Administrative Action Act CAP 7L: Interpretation
In this Act, unless the context otherwise requires–
"administrative action" includes–
(a) the powers, functions and duties exercised by authorities or quasi-judicial tribunals; or
(b) any act, omission or decision of any person, body or authority that affects the legal rights or interests of any...
- Section 3 of The Fair Administrative Action Act CAP 7L: Application
This Act applies to all state and non-state agencies, including any person–
(a) exercising administrative authority;
(b) performing a judicial or quasi-judicial function under the Constitution or any written law; or
(c) whose action, omission or decision affects the legal rights or interests of...
- Section 4 of The Fair Administrative Action Act CAP 7L: Administrative action to be taken expeditiously, efficiently, lawfully etc.
(1) Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) Every person has the right to be given written reasons for any administrative action that is taken against him.
(3) Where an administrative action is likely to...
- Section 5 of The Fair Administrative Action Act CAP 7L: Administrative action affecting the public
(1) In any case where any proposed administrative action is likely to materially and adversely affect the legal rights or interests of a group of persons or the general public, an administrator shall–
(a) issue a public notice of the proposed administrative action inviting public views in that...
- Section 6 of The Fair Administrative Action Act CAP 7L: Request for reasons for administrative action
(1) Every person materially or adversely affected by any administrative action has a right to be supplied with such information as may be necessary to facilitate his or her application for an appeal or review in accordance with section 5.
(2) The information referred to in subsection (1), may...
- Section 7 of The Fair Administrative Action Act CAP 7L: Institution of proceedings
(1) Any person who is aggrieved by an administrative action or decision may apply for review of the administrative action or decision to– (a) a court in accordance with section 8; or
(b) a tribunal in exercise of its jurisdiction conferred in that regard under any written law.
(2) A court or...
- Section 8 of The Fair Administrative Action Act CAP 7L: Period for determination of applications and appeals
An application for the review of an administrative action or an appeal under this Act shall be determined within ninety days of filing the application.
- Section 9 of The Fair Administrative Action Act CAP 7L: Procedure for judicial review
(1) Subject to subsection (2), a person who is aggrieved by an administrative action may, without unreasonable delay, apply for judicial review of any administrative action to the High Court or to
a subordinate court upon which original jurisdiction is conferred pursuant to Article 22(3) of the...
- Section 10 of The Fair Administrative Action Act CAP 7L: Rules
(1) An application for judicial review shall be heard and determined without undue regard to procedural technicalities.
(2) The Chief Justice may make rules of practice for regulating the procedure and practice in matters relating to judicial review of administrative action.
- Section 11 of The Fair Administrative Action Act CAP 7L: Orders in proceedings for judicial review
(1) In proceedings for judicial review under section 8(1), the court may grant any order that is just and equitable, including an order–
(a) declaring the rights of the parties in respect of any matter to which the administrative action relates;
(b) restraining the administrator from acting or...
- Section 12 of The Fair Administrative Action Act CAP 7L: Principles of common law and rules of natual justice
This Act is in addition to and not in derogation from the general principles of common law and the rules of natural justice.
- Section 13 of The Fair Administrative Action Act CAP 7L: Regulations
(1) The Cabinet Secretary may, in consultation with the Commission on Administrative Justice, make regulations for the better carrying out of the provisions of this Act.
(2) Regulations made under subsection (5) shall, before publication in the Gazette, be approved by Parliament.
- Section 14 of The Fair Administrative Action Act CAP 7L: Transition provisions
(1) In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of this Act, the provisions of this Act shall apply, but without prejudice to the validity of anything previously done.
(2) Despite subsection...
- Section 1 of Computer Misuse and Cybercrime Act No 5 of 2018: Short title
This Act may be cited as the Computer Misuse and Cybercrimes Act, 2018.
- Section 2 of Computer Misuse and Cybercrime Act No 5 of 2018: Interpretation
In this Act, unless the context otherwise requires —
"access" means gaining entry into or intent to gain entry by a person to a program or data stored in a computer system and the person either—
(a) alters, modifies or erases a program or data or any aspect related to the program or data in the...
- Section 3 of Computer Misuse and Cybercrime Act No 5 of 2018: Objects of the Act
The objects of this Act are to —
(a) protect the confidentiality, integrity and availability of computer systems, programs and data;
(b) prevent the unlawful use of computer systems;
(c) facilitate the prevention, detection, investigation, prosecution and punishment of cybercrimes;
(d) protect...
- Section 4 of Computer Misuse and Cybercrime Act No 5 of 2018: Establishment of Committee
There is established the National Computer and Cybercrimes Co-ordination Committee.
- Section 5 of Computer Misuse and Cybercrime Act No 5 of 2018: Composition of the Committee
(1) The Committee shall comprise of—
(a) the Principal Secretary responsible for matters relating to internal security or a representative designated and who shall be the chairperson;
(b) the Principal Secretary responsible for matters relating to information, communication and technology or a...
- Section 6 of Computer Misuse and Cybercrime Act No 5 of 2018: Functions of the Committee
(1) The Committee shall —
(a) advise the Government on security related aspects touching on matters relating to blockchain technology, critical infrastructure, mobile money and trust accounts;
(b) advise the National Security Council on computer and cybercrimes;
(c) co-ordinate national security...
- Section 7 of Computer Misuse and Cybercrime Act No 5 of 2018: Secretariat of the Committee
(1) There shall be a Secretariat which shall comprise of the Director and such number of public officers that, subject to the approval of the Committee, the Cabinet Secretary responsible for matters relating to internal security in consultation with the Cabinet Secretary responsible for matters...
- Section 8 of Computer Misuse and Cybercrime Act No 5 of 2018: Reports by the Committee etc
The Committee shall submit quarterly reports to the National Security Council.
- Section 9 of Computer Misuse and Cybercrime Act No 5 of 2018: Critical information infrastructure
(1) The Director shall, by notice in the Gazette, designate certain systems as critical infrastructure.
(2) The Director shall designate a system as a critical infrastructure if a disruption of the system would result in —
the interruption of a life sustaining service including the supply of...
- Section 10 of Computer Misuse and Cybercrime Act No 5 of 2018: Protection of critical information infrastructure
(1) The Committee shall within reasonable time and in consultation with the owner or a person in control of an identified critical information infrastructure, submit to the National Security Council its recommendations of entities to be gazetted as critical information infrastructures.
(2) The...
- Section 11 of Computer Misuse and Cybercrime Act No 5 of 2018: Reports on critical information infrastructure
(1) The owner or operator of a system designated as critical infrastructure shall report to the Committee any incidents likely to constitute a threat in the nature of an attack that amounts to a computer and cybercrime and the action the owner or operator intends to take to prevent the...