Point in Time
Act No: No. 2 of 1998
Act Title: KENYA INFORMATION AND COMMUNICATIONS
[ Date of commencement: 15th February, 1999: sections 2-4, 5 (1)-(4), 6-22, 84, 102; 26th April, 1999: sections 23-83, 85-101;1st July, 1999: section 103;1st July, 2004: section 5 (5). ]
[ Date of assent: 1st October, 1998. ]
Arrangement of Sections
PART I – PRELIMINARY

continued on page K9 – 17

4.
Headquarters

The Headquarters of the Commission shall be in Nairobi.

8.
Conduct of business and affairs of the Board

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.

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 the powers or the performance of any of the functions or duties of the Board under this Act.

10.
Remuneration of Board members

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.

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 service as the Board may determine.

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 to a document and duly authenticated, shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

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 functions, powers or duties of the Commission under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

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 exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.

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 under this Act;

(b)

such sums as may be payable to the Commission pursuant to this Act or any other written law, or pursuant to any gift or trust;

(c)

such moneys as may be provided by Parliament for the purposes of the Commission;

(d)

all moneys from any other source provided for or donated or lent to the Commission.

18.
Financial year

The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.

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 estimates shall make provision for all estimated expenditure of the Commission for the financial year concerned, and in particular shall provide—

(a)

for the payment of the salaries, allowances and other charges in respect of the staff of the Commission and the members of the Board;

(b)

for the payment of the pensions, gratuities and other charges in respect of retirement benefits to staff of the Commission;

(c)

for the proper maintenance of the buildings and grounds of the Commission;

(d)

for the proper maintenance, repair and replacement of the equipment and other movable property of the Commission;

(e)

for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may deem fit;

(f)

for the payment of the salaries, allowances and other charges in respect of the staff of the National Communications Secretariat established under section 84, and such other expenses of the Secretariat as may be approved by the Minister from time to time; and

(g)

for the payment of salaries, allowances and other charges in respect of the staff of the Tribunal and such other expenses of the Tribunal as may be approved by the Minister from time to time.

(3)

The annual estimates shall be submitted to the Board for approval before the commencement of the financial year to which they relate:

Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Board.

(4)

No expenditure shall be incurred for the purposes of the Commission except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorisation of the Board.

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 of each financial year, the Board shall submit to the Auditor-General (Corporations) or to an auditor appointed under subsection (3), the accounts of the Commission together with—

(a)

a statement of income and expenditure during that year; and

(b)

a statement of the assets and liabilities of the Commission on the last day of the financial year.

(3)

The accounts of the Commission shall be audited by the Auditor-General (Corporations) or by an auditor appointed by the Board with the written approval of the Auditor-General (Corporations).

(4)

The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General (Corporations).

(5)

The Auditor-General (Corporations) may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions.

(6)

An auditor appointed under subsection (3) shall report directly to the Auditor-General (Corporations) on any matter relating to the directions given under subsection (5) of this section.

(7)

Within a period of six months after the end of the financial year, the Auditor-General (Corporations) shall report on the examination and audit of the accounts of the Commission to the Board and to the Minister, and in the case of an auditor appointed under subsection (3), the auditor shall transmit a copy of the report to the Auditor-General (Corporations).

(8)

Nothing in this Act shall be construed to prohibit the Auditor-General (Corporations) from carrying out an inspection of the Commission’s accounts or records whenever it appears to him desirable and the Auditor-General (Corporations) shall carry out such an inspection at least once every six months.

(9)

Notwithstanding anything in this Act, the Auditor-General (Corporations) may transmit to the Minister a special report on any matters incidental to his powers under this Act, and section 19 (3) and (4) of the Exchequer and Audit Act (Cap. 412) shall, mutatis mutandis, apply to any report made under this section.

(10)

The Minister shall lay the audit report before the National Assembly as soon as reasonably practicable after the report is submitted to him under this section.

(11)

The fee for any auditor, not being a public officer, shall be determined and paid by the Board.

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 place on deposit with such bank or banks as it may determine, any moneys not immediately required for the purposes of the Commission.

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 Minister shall lay the annual report before the National Assembly within three months of the day the Assembly next sits after the report is presented to him.

PART III – TELECOMMUNICATION SERVICES
Registration of SIM-Cards
27A.
Duties of telecommunications operators
(1)

Before a telecommunications operator sells a SIM-card or otherwise provides telecommunication services to a person, it shall obtain—

(a)

from natural persons, the person's full name, identity card number, date of birth, gender, physical and postal address;

(b)

from corporate persons or statutory bodies, official name, postal and physical address, particulars of registration, incorporation, enabling legislation or gazette notice, as the case may be; and

(c)

such other information as may be prescribed from time to time.

(2)

A telecommunication operator shall ensure that—

(a)

existing subscribers register their SIM-cards within such time period as may be prescribed;

(b)

proper physical or electronic records are kept of the information referred to in subsection (1) and any change in such information;

(c)

the registration details of a subscriber are kept in a secure and confidential manner, and shall not be disclosed without the written consent of the subscriber.

(3)

Notwithstanding the provisions of subsection (2)(c), a telecommunications operator may disclose the registration particulars of a subscriber—

(a)

for the purpose of facilitating the performance of any statutory functions of the Authority;

(b)

in connection with the investigation of any criminal offence or for the purpose of any criminal proceedings; or

(c)

for the purpose of any civil proceedings under the Act.

(4)

Any telecommunications operator who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five million shillings.

[Act No. 41A of 2013, s. 12.]

27B.
Registration by agents
(1)

A telecommunications operator may contract or otherwise engage a registration agent for purposes of registering existing or new subscribers.

(2)

A registration agent shall—

(a)

ensure that proper registration of the subscriber is conducted prior to the selling of a SIM-card;

(b)

provide all records of registration to the telecommunications operator within such time after registration as may be prescribed;

(c)

ensure that the registration details of a subscriber are kept in a secure and confidential manner and are not disclosed to any other person.

(2)

A telecommunications operator shall keep a record of its registration agents and such record shall be made available to the Authority at such time and in such manner as may be prescribed.

(3)

A registration agent shall not hawk SIM-cards and shall ensure that they are sold and registered in a formal retail outlet.

(4)

A person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding twelve months, or both.

[Act No. 41A of 2013, s. 12.]

27C.
Duties of telecommunications subscribers
(1)

A subscriber of telecommunications services shall—

(a)

provide the registration details required under section 27A;

(b)

report to a telecommunications operator or a police station when his or her SIM-card is lost or stolen, within forty-eight hours of being lost or stolen or such other period as may be prescribed;

(c)

report any change in any identification details to a telecommunications operator within thirty days of the change taking place.

(2)

A subscriber shall be prima facie liable for activities or transactions carried out using a SIM-card, registered under the subscriber’s name.

(3)

Notwithstanding subsection (2), a subscriber shall not be held liable if the subscriber can prove that he or she was not in control of the SIM-card at the time a particular activity or transaction was carried out.

(4)

A person who contravenes this section, or knowingly provides false information to a telecommunications operator or registration agent commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months, or both.

[Act No. 41A of 2013, s. 12.]