Provisions
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Any notice or other document required or authorised under this Act to be served on the Corporation, or the Managing Director, may be served— (a) by delivery of the notice or other document to the Managing Director or to any authorized employee; or (b) by leaving it at the office of the Managing Dire…
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 sending…
(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, witho…
(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 sectio…
(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…
(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 autho…
This Act may be cited as the Fair Administrative Action Act.
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 per…
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 any…
(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 adver…
(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 regar…
(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 includ…
(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 tribuna…
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.
(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 Cons…
(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.
(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 conti…
This Act is in addition to and not in derogation from the general principles of common law and the rules of natural justice.
(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.
(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 (1)–…
This Act may be cited as the Computer Misuse and Cybercrimes Act, 2018.
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 comp…
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 the r…
There is established the National Computer and Cybercrimes Co-ordination 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 repre…
(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 org…
(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 rela…
The Committee shall submit quarterly reports to the National Security Council.
(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 water,…
(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 Commi…