Kenya Information and Communications Act

This Act may be cited as the Kenya Information and Communications Act.

This section provides interpretations and definitions including operation of telecommunication systems and rules for dispatch and receipt of electronic records.

The Board must pay members of the Board remuneration, fees or allowances for expenses, in consultation with the Cabinet Secretary.

The Director-General is the Authority's chief executive, responsible for day-to-day management; is an ex officio Board member without a vote; is recruited and appointed by the Board through competitive process; and the Board determines the Director-General's terms in consultation with the Public Service Commission.

Section 12 has been repealed.

The common seal of the Commission must be kept as the Board directs and cannot be used except on the Board's order; the Board's orders or authorisations under this section are presumed unless the contrary is proved.

Members of the Board and officers, employees or agents of the Commission (and persons acting on their directions) are not personally liable for acts done bona fide in executing the Commission's functions, powers or duties, subject to section 16.

Section 15 does not relieve the Commission of liability to pay compensation or damages to any person for injury to them, their property, or interests caused by exercising powers under this Act or other written law or by failure of works.

The Commission may receive or hold moneys or assets that accrue to or vest in it in the course of exercising its powers or performing its functions under this Act.

The Commission's financial year is the twelve-month period ending on 30 June each year.

The Board must cause estimates of the Commission's revenue and expenditure to be prepared at least three months before the start of each financial year.

Sets recordkeeping and audit rules: the Board must keep proper accounts; the Auditor-General or an approved auditor must audit the Commission’s accounts; the Auditor-General has oversight, reporting and inspection duties, and the Cabinet Secretary must lay the audit report before the National Assembly.

The Board may invest Commission funds not immediately required in securities approved by the National Treasury, and may deposit such moneys in banks it determines.

The Board must prepare and submit an annual report within three months after the end of each financial year to the Cabinet Secretary; the Cabinet Secretary must lay that report before the National Assembly within three months of the day the Assembly next sits after presentation.

Establishes a Commission called the Communications Authority of Kenya.

The Headquarters of the Commission shall be in Nairobi.

The Commission is established to licence and regulate postal, information and communication services and has powers to perform its functions; it may enter into associations with other bodies.

The Authority must be independent and free from government, political or commercial control and, in fulfilling its mandate, must be guided by the national values and principles of governance (Article 10) and public service values (Article 232(1)).

The Authority must comply with Article 34(1) and (2) of the Constitution when performing its functions; the right to freedom of the media and expression may be limited under this Act and other law where reasonable and justifiable; specified types of communication (propaganda for war, incitement to violence, hate speech, ethnic incitement/vilification or discrimination-based content) are identified as grounds for limitation; the Cabinet Secretary may make regulations in consultation with the Authority.

The Cabinet Secretary may issue to the Authority policy guidelines of a general nature relating to the provisions of this Act.

Section 6 lists the Board membership: a chairperson appointed by the President; three Principal Secretaries (broadcast/media, finance, internal security); and seven persons appointed by the Cabinet Secretary; and states appointment principles including representation, equal opportunities for persons with disabilities and marginalised groups, and a gender composition limit of not more than two-thirds.

Sets qualifications and disqualifications for appointment as chairperson and members of the Board, including citizenship, specified sectoral experience (ten years for chairperson, five years for other members), satisfaction of Chapter Six requirements, an alternative twenty-year distinguished career path for non-degree holders, and a list of disqualifying conditions (commercial interest in last six months, political office-bearer, public officer, undischarged bankrupt, infirmity, felony conviction, conviction under the Act, compelled resignation/removal for abuse of office).

Section 6B was deleted by ActNo. 18 of 2018, Sch.

The chairperson and members of the Board must hold office for three years and the term is renewable once.

Sets grounds and procedure for vacation of office of the chairperson or member of the Authority, including resignation, death, gross misconduct, or absence; enables complaint, Cabinet Secretary and tribunal procedures, and Presidential action within thirty days.

The Board has the power to manage, control and administer the assets of the Commission.

The Board must have its conduct and regulation of business and affairs as provided in the First Schedule; subject to that, the Board may regulate its own procedure.

The Board may, by resolution, delegate its powers or duties to a committee or to specified Commission personnel.

The Commission must, so far as is reasonably practicable, ensure telecommunication services are provided throughout Kenya, including emergency, public payphone and directory information services, as are reasonably necessary to satisfy public demand.

Section lists telecommunication activities and makes contravention an offence punishable by a fine up to one million shillings, imprisonment up to five years, or both.

Licensees must keep a prescribed register of all persons to whom they provide telecommunications services; the Commission may renew, vary, modify or revoke licences under the Act.

Applicants must pay prescribed licence fees in full before a licence is granted; the Authority may set fees. Special conditions in subsection (3) apply including a >KSh1,000,000,000 threshold, Kenyan majority ownership (at least 51%) or constructing 500 base stations within three years; the Authority shall revoke licences if the construction requirement in (3)(c) is not met.

Section 26 has been deleted.

The Cabinet Secretary, in consultation with the Commission, may make regulations about telecommunication services; contravening those regulations is an offence punishable by a fine not exceeding three hundred thousand shillings, or imprisonment for a term not exceeding three years, or both.

Telecommunications operators must collect and keep subscriber registration information, ensure confidentiality, require existing subscribers to register SIM-cards within prescribed time, disclose premium-rate charges before levying them (except for services on behalf of a public body), and contravention is an offence punishable by a fine not exceeding five million shillings.

Telecommunications operators may engage registration agents; operators must keep a record of their registration agents and make it available to the Authority; registration agents must not hawk SIM-cards and must ensure SIMs are sold and registered in formal retail outlets; contravening the section is an offence punishable by a fine up to five hundred thousand shillings or up to twelve months imprisonment, or both.

Subscribers must provide required registration details, report lost or stolen SIM-cards within forty-eight hours (or as prescribed), and report identification changes within thirty days; subscribers are prima facie liable for activity on their SIM but are not liable if they can prove lack of control; contravening the section or providing false information is an offence punishable by a fine up to 100,000 shillings or imprisonment up to six months, or both.

Regulations on SIM-card registration.

It is an offence for a person who dishonestly facilitates or obtains telecommunication services intending to avoid payment of charges.

Prohibits sending a message or other matter that is grossly offensive, indecent, obscene, or menacing.

Persons running a licensed telecommunication system must not, except in the course of their duty, intentionally modify or interfere with the contents of messages sent by that system; doing so is an offence punishable by a fine not exceeding 300,000 shillings, or imprisonment up to three years, or both.

Intercepts a message sent through a licensed telecommunication system.

prevent, obstruct or delay transmission of any message;

A person who severs telecommunication apparatus or other works under the control of a licensee with intent to steal commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years or to both.

Prohibits entering a telecommunication operator's equipment room without permission and refers to trespass and wilful obstruction of a telecommunication officer.

Persons who run a telecommunication system or provide telecommunication services without a valid licence under section 25 commit an offence and face penalties including a fine up to one million shillings or imprisonment up to five years.

Persons are prohibited from establishing or using any radio communication station or apparatus except under a licence; contravention is an offence punishable by a fine not exceeding five million shillings, imprisonment up to three years, or both.

The Commission may, on application in the prescribed manner, grant licences authorising specified persons to establish, use or install radio communication stations or apparatus, and may renew, revoke or vary such licences and attach limitations.

The Commission must not refuse to grant or renew, nor revoke, a radio communication licence issued for scientific research except as allowed by subsection (2); the Commission may set and vary licence conditions.

Section 38 authorises regulations concerning radio-communication licences, conditions of use, inspections, dealer licensing, examinations and approvals; it imposes obligations on licence-holders (inspection, records, notices) and makes contravention an offence punishable by a fine up to one million shillings, imprisonment up to five years, or both.

Regulations may set requirements for certain non-radio apparatus; it is not unlawful for any person to use, sell, offer, advertise, or let such apparatus even if it does not comply with those requirements, but non-compliance can be a ground for notice under sections 41 or 43.

The Cabinet Secretary, in consultation with the Authority, may make regulations prescribing technical requirements for radio communication apparatus; it is an offence for any person to sell, let, offer to sell or hire, or advertise willingness to deal with apparatus that does not comply, with a defence available in certain cases; "apparatus" is defined.

The Commission may serve written notices about apparatus that do not comply with regulations or that cause undue interference; it may revoke or vary such notices, which can be conditional; the Tribunal may determine compliance disputes; using apparatus contrary to a notice is an offence punishable by a fine up to five hundred thousand shillings, or imprisonment up to three years, or both.

An occupier of a dwelling or premises containing radio-communication apparatus is deemed to be in possession of it unless he satisfies the court that he was unaware and could not with reasonable diligence have become aware of its presence.

If the Commission believes radio equipment does not meet regulatory requirements, it may serve a written notice on any person who manufactured, assembled or imported that equipment in the course of business prohibiting them from selling, offering or advertising it for sale, or letting it on hire or offering or advertising it for letting on hire.

Prohibits sending or attempting to send by radio any message which, to the sender's knowledge, is false or misleading and likely to prejudice safety-of-life services or endanger the safety of any person, vessel, aircraft or vehicle.

Any person who uses any station or apparatus to interfere with radio communication commits an offence and may be fined up to one million shillings, imprisoned for up to five years, or both.

Section 46 applies the Act to radio communication stations and apparatus in, over, or released from Kenya (with regulatory limitations), makes the vessel or aircraft captain liable for contraventions on board or released from them (with a passenger-use exception), and empowers the Cabinet Secretary with the Authority's consultation to make regulations for foreign vessels or aircraft while within Kenya.

The Commission is to promote and facilitate the development of a diverse range of broadcasting services in Kenya in the public interest.

Section 46B classifies broadcasting services into public broadcasting, private broadcasting, and community broadcasting; and by service type into free-to-air radio, free-to-air television, subscription radio, subscription television, subscription management, and any other class of licence determined under the Regulations.

No person may provide broadcasting services unless they hold a licence under this Part; contravening the section is an offence punishable by a fine up to one million shillings, imprisonment up to three years, or both.

The Commission may consider any other relevant matter it deems necessary when considering eligibility for licensing and grant of a licence.

The Kenya Broadcasting Corporation is designated as the public broadcaster and must provide public broadcasting services.

The Commission may, on application in the prescribed manner and subject to conditions it deems necessary, grant a licence authorizing the provision of community broadcasting services.

The Commission may grant a licence to any person to provide private broadcasting services.

The Commission has the power to set standards for the timing and manner of programmes broadcast by licensees.

Broadcasters must meet multiple responsibilities including program standards, accuracy, privacy, copyright, record-keeping for one year, non-deceptive advertising, avoidance of derogatory broadcasts, film classification compliance, and broadcasting a prescribed percentage of Kenyan programmes.

Licences may be revoked where the section is in breach of the provisions of the Act or regulations made thereunder.

Regulations on broadcasting: the facilitation, promotion and maintenance of diversity and plurality of views for a competitive marketplace of ideas.

Broadcasters must have and maintain a complaints procedure; people may appeal to the Commission or Tribunal under stated conditions and timelines.

A transcript of the broadcast complained of must be provided to the Commission, the Tribunal or the complainant.

No person may provide signal distribution services in Kenya or from Kenya to other countries unless they hold a licence issued under this Part.

The Commission may grant licences for signal distribution services; licensees using radio frequency may be required to comply with transmitter conditions; changing approved transmitter details without Commission approval is an offence with fines or imprisonment.

Section title: Revocation or signal distribution licence; notes that the section is in breach of the Act or regulations made thereunder.

Providing a broadcasting service without a broadcasting licence is an offence; on conviction a person may be fined up to one million shillings or imprisoned for up to three years, or both.

The transitional provisions in the Fifth Schedule apply to broadcasting permits issued before the commencement of this Act.

Section 46S has been repealed.

The Commission has multiple functions relating to postal services, including ensuring provision and expansion of services, regulating rates and stamps, promoting standards and competition, and ensuring licence compliance.

The Commission's decision on whether a postal article is a 'letter' under the Act is final.

No person may operate or provide postal services except under a valid licence issued under this Part.

The Authority may, by notice in the Gazette, designate a postal licensee as the public postal licensee.

The Commission may grant a licence authorising a person to operate or provide postal services, subject to prescribed application and conditions (including those in section 52 or others the Commission deems necessary); and the Commission may renew, revoke or vary licences and their conditions.

Conditions of licence

The public postal licensee has exclusive rights to issue postage stamps and provide private letter boxes, subject to conditions the Commission may specify.

Addressee may be liable for postage if he refuses delivery or returns it unopened; licensee may remit charges where article was maliciously sent; sender shall pay postage if article is refused/returned or addressee dead or cannot be found.

The licensee may, in an individual case that appears to warrant it, grant a warrant to open or return a specified postal article.

The Cabinet Secretary responsible for Internal Security may intercept, detain, deliver to specified officers, or dispose of postal articles in transmission within Kenya when a public emergency is declared or in the interest of public safety or tranquillity.

Persons must not send by post materials likely to injure anyone during transmission; certain dangerous items (explosives, inflammables, sharp instruments not properly protected, etc.) are specifically prohibited unless regulations allow them subject to prescribed conditions.

Prohibits indecent or obscene printings, photographs, lithographs, engravings, books, cards, or other indecent or obscene articles.

The Commission may make regulations about the articles prohibited by section 58 and for detaining, disposing of, or destroying such postal articles sent or tendered for transmission by post.

If a postal article is reasonably suspected to contravene this Act or other law, the public postal licensee (or other licensed person) must immediately inform the Commission and hand over the article; an authorised officer must detain it for opening and examination; persons who sent or delivered it remain liable for offences.

A licensee who believes a postal article is linked to an offence may require the addressee (or their agent) and a police officer to attend at a specified post office and time and have the article opened in their presence; if the addressee fails, an authorised employee may open it; if requested by the Commissioner of Police the licensee must exercise these powers.

If a person refuses to pay postage or other legally due sum, the licensee may withhold any postal article addressed to that person until the postage or sum is paid.

The Commission must allow the public postal licensee to provide postal financial services on its own account; "postal financial services" is defined to include a list of items such as money orders, postal orders, postal drafts, postal cheques, traveller’s cheques, giro, cash-on-delivery, collection of bills, savings, and subscriptions, and other forms as the Commission may prescribe.

Refund of wrong payment of money order

Producing a postal article bearing the licensee's official mark or an employee's signature that denotes the article was refused, returned unopened or unclaimed, or that the addressee is dead or cannot be found, is prima facie evidence of that fact.

Section heading: Regulations for postal services.

Operating without a valid licence; conveys any letter or postal article

A person must not place fires, explosives, dangerous or filthy substances, fluids, or commit a nuisance in or against any public postal letter box, or do anything likely to injure such a letter box; doing so is an offence punishable by a fine up to one hundred thousand shillings, or imprisonment up to two years, or both.

People must not affix placards, advertisements, notices, documents, boards or otherwise disfigure a post office without the authority of the public postal licensee; doing so is an offence.

Employees of a licensee must not open or permit the opening of postal articles except in accordance with this Act.

Any person who, without lawful excuse, sends or arranges to send by post a postal article containing words, drawings or pictures that are scurrilous, threatening, obscene or grossly offensive must not do so; doing so is an offence punishable by a fine of up to three hundred thousand shillings or imprisonment for up to three years, or both.

Non-employees of a licensee must not open postal articles otherwise than in accordance with this Act.

Makes it an offence to make, utter, deal in, hawk, distribute, sell, or use for postal purposes any fictitious stamps.

Text references the words “post office” or “postal office”.

Sending by post any postal article which is prohibited from being transmitted under regulations made under this Act.

Anyone who unlawfully and wilfully removes, destroys or damages installations or plants used for postal services commits an offence and may be fined up to five hundred thousand shillings or imprisoned for up to three years, or both.

The Commission may require an applicant to supply additional information for any licence application.

The Commission must, when considering an application, take into account any written representations or objections received under subsection (1)(c).

The Commission may grant a licence to an applicant subject to conditions and prescribed licence fee, and must notify the applicant in writing of reasons within thirty days if it refuses; an aggrieved applicant may appeal to the Tribunal.

A licence granted under this Act continues in force for the period specified in the licence unless earlier revoked in accordance with a term in the licence.

A licence may be renewed on application and payment of the prescribed fee; if the Commission refuses to renew it shall notify the licensee in writing of the reasons within thirty days and the licensee may appeal to the Tribunal if aggrieved.

The Commission may modify licence conditions, must publish notices in the Gazette, may act without prior notice to protect the public interest but must inform the operator, and affected licensees may appeal to the Tribunal within fifteen days.

The Commission must keep separate registers for each licence and record prescribed particulars for every licence.

The Commission must notify a licensee in writing if it is satisfied the licensee is contravening the Act or licence conditions, may require the licensee to remedy the contravention within a period specified in the notice, and an aggrieved licensee may appeal to the tribunal within fifteen days of receipt of the notification.

Section 83B lists transactions to which the electronic transactions provisions apply and gives the Cabinet Secretary the power to modify that list by order.

The Commission has listed functions to facilitate and promote reliable electronic records, electronic commerce, public confidence, use of electronic signatures, delivery of public sector services, fraud minimization, internet resource management, and cybercrime investigation frameworks; the Cabinet Secretary may make regulations on cyber security.

Section identifies activities in subsection (1) and states that a person who contravenes the section commits an offence punishable by a fine not exceeding three hundred thousand shillings or imprisonment for up to three years or both.

The Commission may, upon application in a prescribed manner and subject to such conditions as it may deem necessary, grant licences authorizing a person to provide electronic certification services.

The Commission may grant licences authorizing a person to administer a subdomain in the country code top-level domain, on application and subject to conditions it deems necessary.

Recognises electronic records and records rendered or made available in an electronic form.

Retention of electronic records so that the information contained remains accessible and usable for subsequent reference.

Information is to be retained in original form only where there is reliable assurance of its integrity from first generation and, when presentation is required, it can be displayed to the person to whom it is to be presented.

Parties may express an offer and its acceptance by electronic messages; a contract must not be denied validity or enforceability solely because an electronic message was used.

Between an electronic message's originator and addressee, a declaration of intent or other statement cannot be denied legal effect, validity or enforceability solely because it is an electronic message.

An electronic message is attributed to the originator when it was sent by the originator, by a person authorised to act for the originator, or by an information system programmed by or on behalf of the originator to operate automatically.

Acknowledgement can be any communication or conduct by the addressee; if the originator required the record to be binding only on acknowledgement and none is received it is deemed never sent; otherwise the originator may notify the addressee, set a reasonable time for acknowledgement, and then treat the record as never sent if no acknowledgement arrives.

If a security procedure is applied to an electronic record at a specific time, that record is deemed a "secure electronic record" from that time until verification.

A legal signature requirement is satisfied for an electronic message if an advanced electronic signature is used that is as reliable as appropriate for the message’s purpose, taking into account all circumstances and any relevant agreement.

An advanced electronic signature, affixed in a manner the Cabinet Secretary may prescribe, counts as satisfying any legal requirement for a signature or for authentication of information.

The Cabinet Secretary may declare computer systems or networks as protected systems and may authorize access; unauthorized access to a protected system is an offence punishable by up to ten million shillings, up to ten years' imprisonment, or both.

Regulations for elecronic signatures

Allows use of electronic records and electronic signatures in Government and its agencies and lists specific matters the provision covers (filing of documents, issuance of licences/permits/approvals, receipt or payment of money, and the manner/format and method of filing, creation, use and payment).

A requirement to publish a rule, regulation, order, notification or other matter in the Gazette is satisfied if it is published in the electronic Gazette.

Section 83U was repealed by ActNo. 5 of 2018, Sch.

Section 83V has been repealed.

Section 83W was repealed by ActNo. 5 of 2018, Sch.

Section 83X has been repealed by Act No. 5 of 2018 (Schedule).

Damaging or denying access to a computer system; includes degradation, failure, interruption or obstruction of the operation of a computer system.

Section 83Z has been repealed.

Section 84A was repealed.

Section 84B has been repealed by Act No. 5 of 2018, Schedule.

It is prohibited for any person to knowingly or intentionally conceal, destroy or alter (or cause another to do so) computer source code, programmes, systems or networks that the law requires to be kept; on conviction the person faces a fine up to three hundred thousand shillings or imprisonment up to three years, or both.

Any person who publishes or transmits obscene material in electronic form is liable on conviction to a fine not exceeding 200000 shillings or imprisonment for a term not exceeding 2 years, or both.

It is an offence for any person who knowingly creates, publishes or makes available an electronic signature certificate for a fraudulent or unlawful purpose.

Section 84F has been repealed by Act No. 5 of 2018, Schedule.

It is an offence for a person (who is not a manufacturer or authorised agent) to knowingly or intentionally change or interfere with a mobile telephone's equipment identity.

It is an offence for a person to possess, supply, or offer to supply anything that can be used to change or interfere with a mobile telephone equipment identifier with the requisite unlawful intent or knowledge; conviction may attract a fine up to one million shillings or up to five years' imprisonment or both.

Section 84I refers to bona fide re-programming or possession and mentions re-programming of mobile telephone equipment identity.

Creates the Universal Service Fund, to be managed and administered by the Commission; the Fund's purpose is to support access, capacity building and innovation in ICT services; the Commission shall charge a universal service levy on licensees.

The Fund's revenue sources include levies from licensees, monies from Parliament, income from investments, and gifts; the Fund may pay expenditures approved by the Board for the Fund's purposes and administration.

Section 84L has been repealed.

Section 84M was repealed by ActNo. 41A of 2013, s. 29.

Section 84N is repealed.

The Board must comply with the Public Audit Act (Cap. 412B) in relation to the Fund's operations.

Regulations with respect to the Fund; amount of levy.

A licensee under this Act must not engage in conduct that unfairly prevents, restricts or distorts competition in connection with licensed services.

The Commission must ensure fair competition in the sector and promote, develop and enforce equality of treatment among licensees; the Commission may make determinations in the licensed system and services; the Cabinet Secretary may, in consultation with the Commission, make regulations for this Part.

The Commission may investigate licensees for acts or omissions that breach fair competition or equal access, and licensees are prohibited from various anti-competitive practices listed in subsection (2).

The Commission may investigate licensees for breaches of fair competition, require representations (licensees and affected persons may respond), fix a decision date, and order remedies including fines up to ten percent of prior-year annual gross turnover for each financial year the breach persists; affected persons may appeal to the Tribunal.

Licensees must not deny access or service to a customer, except for delinquency of payment of dues or for any other just cause.

A licensee must provide equal opportunity of access to the same type and quality of service to all customers in a given area at substantially the same tariff, limiting variations to technologies required to serve specific customers.

The Cabinet Secretary may make regulations on competition issues; the Commission may declare dominant telecommunications service providers; a dominant provider must file tariffs, rates, terms and interconnection conditions with the Commission.

Service of a notice is effected by delivering the notice or other document to the Director-General or to any other authorised employee of the Commission.

Director-General may serve a notice by delivering it to that person.

Sets out composition, selection procedure and tenure rules for the Communications and Multimedia Appeals Tribunal including nomination of a Chair by the Judicial Service Commission; a selection panel process with publication, shortlisting, interviews and forwarding three nominees per vacancy to the Cabinet Secretary; appointment by the Cabinet Secretary; gender and disability representation requirements; terms of three years with one reappointment; and removal procedures including a tribunal and a thirty-day action period for the Cabinet Secretary.

Section 102A sets procedures for lodging and handling complaints to the Tribunal, including how complaints may be made, information required, and powers of the Tribunal and other bodies to require written reductions, further information, verification, or to take up complaints in the public interest.

Sets procedures for handling complaints: the Tribunal must notify the respondent in writing within fourteen days, the respondent must respond or appear, the Tribunal must preliminarily assess admissibility within fourteen days, may dismiss meritless complaints and give reasons, and a party may apply for review within fourteen days of dismissal.

Section 102C sets rules for Tribunal proceedings: the Tribunal must sit at times and places it appoints; a tribunal member with a direct interest must not take part; parties may appear in person or by an Advocate; and, except as provided elsewhere, the Tribunal shall regulate its own procedure.

Section 102D. Attendance before the Tribunal Section 102D(1)(a) make such orders for the purposes of securing the attendance of any person at any place where the Tribunal is sitting, discovery or production of any document concerning a

Section 102E lists specific orders the Tribunal may make, including apologies, repairs, directives on freedom of expression, public reprimands, publication orders, fines (up to specified amounts), criticisms of complainants, recommendations for suspension or removal from the register, and ancillary orders; subsection (2) allows the Tribunal to make any one or a combination of those orders.

Decisions by the Media Council or the Authority may be appealed to the Tribunal; aggrieved persons may appeal to the Tribunal within sixty days; the Tribunal may confirm, set aside or vary decisions, exercise the Council's or Authority's powers, or make other orders including for costs.

A person aggrieved by a Tribunal decision may appeal to the High Court within thirty days of that decision or order.

The chairperson of the Tribunal may appoint persons with special skills or expert knowledge to act as assessors in an advisory capacity when the Tribunal considers such skills or knowledge necessary to determine a matter.

The chairperson and members of the Tribunal are entitled to be paid allowances as determined by the Salaries and Remuneration Commission.

Tribunal chairperson and members, and officers executing Tribunal process, are exempt from being sued in court for acts done in the discharge of their duties, subject to a good-faith jurisdiction belief.

Establishes the Universal Service Advisory Council and sets procedures for nominating, shortlisting, interviewing and appointment of its chairperson and members, including timelines for the Public Service Commission and the Cabinet Secretary; allows the Council to co-opt experts with Board approval.

The Authority has the power to undertake prosecution of offences under the Act; an officer authorised in writing by the Authority may conduct prosecutions for offences under the Act.

Establishes the National Communication Secretariat headed by a Communications secretary and comprising such other officials as may be determined from time to time; lists Secretariat functions including promoting technological development, fostering national safety and security and economic prosperity, facilitating competition and efficiency, and fostering efficient use of telecommunication resources and radio spectrum.

A telecommunication operator may, with the owner’s or occupier’s written consent and agreed terms, place or maintain telecommunication or radio-communication apparatus on land; the operator must minimise damage to land and the environment and pay fair and adequate compensation for loss or damage; disputes may be referred to the Tribunal within thirty days.

If co-location cannot be agreed, licensees may refer the dispute to the Commission; the Cabinet Secretary may make regulations on infrastructure sharing in consultation with the Authority.

Telecommunication operators licensed by the Commission must obtain consent from the local authority or public body before entering land under its control; the authority may permit use subject to conditions (including fees); dissatisfied operators may seek Commission review; aggrieved persons may appeal to the Tribunal within thirty days.

The Commission may apply to the Commissioner of Lands to have land acquired for a telecommunication operator; the Commissioner of Lands may acquire the land if satisfied it is in the public interest under the Land Acquisition Act; the telecommunication operator must pay all related costs.

Section 88 has been deleted.

A court may grant a search warrant authorising named persons authorised by the Commission, with police, to enter specified premises, vehicles, vessels or aircraft within one month to search and examine items; the Commission may require access under conditions (including notice or prior denial) and persons on the premises must assist authorised persons; obstructing or refusing assistance and improper disclosure of certain information are addressed.

Search warrants and authorised persons may seize and detain radio-communication or telecommunication apparatus and other things used in connection with offences; police or authorised persons may seize when they have reasonable grounds to suspect an offence; existing police powers under the Police Act are preserved; intentional obstruction of an authorised person is an offence punishable by a fine up to 100,000 shillings or imprisonment up to one year, or both.

The court may order that apparatus, articles or property used in committing prohibited radio/telecommunication or postal-disruption offences be forfeited to the Commission; the court may also order the offender not to dispose of them except by delivering them to the Commission, and contravention or failure to deliver is a further offence.

Commission must try to return seized property to the person it considers the owner, that owner must indemnify the Commission against related claims, the Commission may dispose of property left in its possession after a year, and delivery to an apparent owner does not stop others from suing to recover the property.

The Authority must implement access to information and restrictions on disclosure pursuant to Article 35 of the Constitution.

Undertakers and railway operators must notify the local telecommunication operator or public postal licensee at least one month before erecting, placing or altering electrical transmission lines and provide plans and information; the telecommunication or postal authority must respond within one month or approval is deemed; disputes can be referred to the Cabinet Secretary for public lands who may investigate and give a final decision.

Telecommunication operators or public postal licensees may require a person who erects a structure likely to interfere with telecommunication, radio communication or postal services to pay the operator's or licensee's removal costs, unless the person had prior written approval or modified the structure to the operator's or licensee's satisfaction.

Directors and similar officers of a company can be treated as guilty for offences committed by the company unless they prove lack of consent/connivance and that they exercised all due diligence; the court may forfeit apparatus used in telecommunications offences to the Commission; where management is by members, subsection (1) applies to members as if they were directors.

When a Commission employee dies or leaves service while occupying premises or holding Commission property, the employee (or the person in possession) must promptly return the property or vacate; if not, the Director-General must give written notice and may seek a magistrate's order to have police recover property or evict occupants.

A plaintiff must not start legal action against the Commission until at least one month after serving written notice with particulars and intention to sue on the Director-General.

The Director-General must promptly pay from the Commission's revenue any amounts awarded against the Commission by a judgment or order to the person entitled.