|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|85. Power of operator to use land.|
|National Communication Secretariat.||Procedure for using public land.|
|Power of operator to use land.||
85. (1) Subject to subsection (3), a telecommunication operator may, with the consent in writing of the owner or occupier of any land, and subject to such terms and conditions as may be agreed upon between the operator and the owner or occupier, place or maintain under, over, along, across, in or upon such land, any telecommunication apparatus or such radio-communication apparatus, installed or used in accordance with a radio-communication licence.
(2) Upon an agreement under subsection (1), it shall be lawful for the telecommunication operator or its representative's, at all times and on reasonable notice, to enter upon the land and to -
(a) put up any posts, which may be required for support of telecommunication lines;
(b) fasten or attach to any tree growing, on that land a bracket or other support for the line;
(c) cut down any tree or branch which is likely to injure, impede or interfere with any telecommunication lines; or
(5) Any dispute arising between an operator and the owner or occupier of any land with respect to the provisions of this section may be referred to the Tribunal for adjudication within thirty days of the dispute.