[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
emergency, public payphone and directory information services, as are reasonably
necessary to satisfy the public demand thereof.
(2) Without prejudice to the generality of subsection (1), the Commission shall—
(a) protect the interests of all users of telecommunication services in
Kenya with respect to the prices charged for and the quality and
variety of such services;
(b) maintain and promote effective competition between persons
engaged in commercial activities connected with telecommunication
services in Kenya in order to ensure efficiency and economy in the
provision of such services and to promote research and development
in relation thereto;
(c) encourage private investment in the telecommunication sector;
(d) enable persons providing telecommunication services or producing
telecommunication apparatus in Kenya to compete effectively in the
provision of such services or apparatus outside Kenya;
(e) have regard to the values and principles of the Constitution.
[Act No. 41A of 2013, s. 11.]
24. Requirement of licence
(1) No person shall—
(a) operate a telecommunication system; or
(b) provide any telecommunication services,
except in accordance with a valid licence granted under this Act.
(2) A person who contravenes any of the provisions of this section commits
an offence and shall be liable on conviction to a fine not exceeding one million
shillings, or to imprisonment to a term not exceeding five years, or to both.
[Act No. 1 of 2009, s. 8.]
25. Telecommunication licences
(1) The Commission may, upon application in the prescribed manner and
subject to such conditions as it may deem necessary, grant licences under this
section authorising all persons, whether of a specified class or any particular person
to—
(a) operate telecommunication systems; or
(b) provide telecommunication services,
of such description as may be specified in the licence.
(2) A licence granted under subsection (2)(a) may authorise—
(a) the provision, by means of any telecommunication system to which
the licence relates, of any telecommunication services of a description
specified in the licence; and
(b) the connection to any telecommunication system to which the licence
relates of—
(i) any other telecommunication systems of a description specified
in the licence; and
(ii) any telecommunication apparatus of a description specified in
the licence.
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