Section 2. Interpretation Section In this Act, unless the context otherwise requires— "bank" has the meaning assigned to it in the Banking Act ( Cap. 488 ); “beneficial owner" has the meaning assigned to it under the Companies Act ( Cap. 486 ); "business day" me ans any day, other than a Sunday, a public holiday declared in accordance with the Public Holidays Act ( Cap. 110 ), a day declared to be a bank holiday under the Banking Act ( Cap. 488 ), or a day declared to be a bank holiday under the Microfinance Act ( Cap. 493C ), on which the institutions and the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") are open to the public for carrying on business functions; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to finance; "Central Bank" means the Central Bank of Kenya established under the Central Bank of Kenya Act ( Cap. 491 ); "Central Bank of Kenya settlement system" means a settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") established and operated by, or under the control of, the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") ; "Central Bank of Kenya settlement system participant" means— (a) the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") ; (b) a bank , an institution ("a bank, mortgage finance company or a financial institution as defined in the Banking Act () or a microfinance bank business as defined in the Microfinance Act () or any other body which the Cabinet Secretary may, in consultation with the Central Bank, declare, by notice in the, to be an institution for the purposes of this Act;") or a branch of a foreign institution ("a bank, mortgage finance company or a financial institution as defined in the Banking Act () or a microfinance bank business as defined in the Microfinance Act () or any other body which the Cabinet Secretary may, in consultation with the Central Bank, declare, by notice in the, to be an institution for the purposes of this Act;") ; or (c) a designated payment system operator ("an operator of a designated payment system;") , that participates in the Central Bank of Kenya settlement system ("a settlement system established and operated by, or under the control of, the Central Bank;") . "clear" means the exchange of payment instructions, and "clearing" shall be construed accordingly; "clearing, netting and settlement agreements" means written agreements with regard to clearing, netting ("the determination of the net payment obligations between two or more settlement system participants within a payment clearing house or the determination of the net settlement obligations between two or more settlement system participants within a settlement system;") or settlement ("discharge of settlement obligations;") concluded between the Central Bank of Kenya settlement system ("a settlement system established and operated by, or under the control of, the Central Bank;") participants or settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants; "designated payment instrument" means a payment instrument ("any instrument, whether tangible or intangible, that enables a person to obtain money, goods or services, or to otherwise make payment;") designated in accordance with section 6 ; "designated payment system" means a payment system ("a system or arrangement that enables payments to be effected between a payer and a beneficiary, or facilitates the circulation of money, and includes any instruments and procedures that relate to the system;") designated in accordance with section 3 ; "designated payment system operator" means an operator of a designated payment system ("a payment system designated in accordance with;") ; "designated payment system participant" means a person ("any legal entity including a trust;") who is— (a) a participant in a designated payment system ("a payment system designated in accordance with;") ; or (b) a designated payment system operator ("an operator of a designated payment system;") ; "failure to settle" means the inability of a settlement system participant to meet its settlement ("discharge of settlement obligations;") obligations in a clearing house; "institution" means a bank , mortgage finance company or a financial institution as defined in the Banking Act ( Cap. 488 ) or a microfinance bank business as defined in the Microfinance Act ( Cap. 493C ) or any other body which the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to finance;") may, in consultation with the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") , declare, by notice in the Gazette , to be an institution for the purposes of this Act; "netting" means the determination of the net payment obligations between two or more settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants within a payment clearing house ("an arrangement between two or more Central Bank settlement system participants, excluding a designated payment system operator, governing the clearing of payment instructions between those Central Bank settlement system participants;") or the determination of the net settlement ("discharge of settlement obligations;") obligations between two or more settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants within a settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") ; "payment clearing house" means an arrangement between two or more Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants, excluding a designated payment system operator ("an operator of a designated payment system;") , governing the clearing of payment instructions between those Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants; "payment clearing house system operator" means a person ("any legal entity including a trust;") , other than a designated payment system operator ("an operator of a designated payment system;") , who clears on behalf of any two or more Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants; "payment instrument" means any instrument, whether tangible or intangible, that enables a person ("any legal entity including a trust;") to obtain money, goods or services, or to otherwise make payment; "payment instruction" means an instruction to a settlement system participant to transfer funds or make a payment; "payment obligation" means an indebtedness that is owed by one settlement system participant to another as a result of the clearing of one or more payment instructions; "payment service provider" means— (i) a person ("any legal entity including a trust;") , company or organisation acting as provider in relation to sending, receiving, storing or processing of payments or the provision of other services in relation to payment services through any electronic system; (ii) a person ("any legal entity including a trust;") , company or organisation which owns, possesses, operates, manages or controls a public switched network for the provision of payment services; or (iii) any other person ("any legal entity including a trust;") , company or organization that processes or stores data on behalf of such payment service providers or users of such payment services; "payment system" means a system or arrangement that enables payments to be effected between a payer and a beneficiary, or facilitates the circulation of money, and includes any instruments and procedures that relate to the system; "payment system management body" means a body recognized by the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") in accordance with section 7 ; "person" includes any legal entity including a trust; "settlement" means discharge of settlement obligations; "settlement instruction" means an instruction given to a settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") by a settlement system participant or by a payment clearing house system operator ("a person, other than a designated payment system operator, who clears on behalf of any two or more Central Bank settlement system participants;") on behalf of a Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") settlement system participant to effect settlement ("discharge of settlement obligations;") of one or more payment obligations, or to discharge any other obligation of one system participant to another system participant; "settlement obligation" means an indebtedness that is owed by one settlement system participant to another as a result of one or more settlement ("discharge of settlement obligations;") instructions; “significant shareholder” has the meaning assigned to it under the Banking Act ( Cap. 488 ); "system operator" means a person ("any legal entity including a trust;") , other than a designated payment system operator ("an operator of a designated payment system;") , authorized in terms of section 8 (2)(c) to provide services to any two or more persons in respect of payment instructions; "settlement system" means a system established and operated by the Central Bank ("the Central Bank of Kenya established under the Central Bank of Kenya Act ();") for the discharge of payment or settlement ("discharge of settlement obligations;") obligations, or the discharge of payment and settlement ("discharge of settlement obligations;") obligations, between system participants in that system; "settlement system participant" means— (a) a Central Bank of Kenya settlement system participant ; or (b) a designated payment system participant ; and "systemic risk" means the risk that failure of one or more settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants, for whatever reason, to meet their payment obligations or their settlement ("discharge of settlement obligations;") obligations may result in any or all of the other settlement system ("a system established and operated by the Central Bank for the discharge of payment or settlement obligations, or the discharge of payment and settlement obligations, between system participants in that system;") participants being unable to meet their respective payment or settlement ("discharge of settlement obligations;") obligations. [Act No. 41 of 2013 , Sch, Act No. 19 of 2015 , s. 167.]