This Act may be cited as the Kenya Communications and Act, 1998.
(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,...
(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...
The Headquarters of the Commission shall be in Nairobi.
(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...
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...
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...
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.
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.
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.
(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...
(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...
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.
(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...
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...
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...
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...
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.
(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...
(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...
(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...
(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...
(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...
(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...
(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...
(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...
(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...
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...
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...
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...