No. 2 of 1998
(b)
(c)
Kenya Information and Communications
[Rev. 2018]
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
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.
(3A) Subject to subsection (3B), a telecommunication operator shall, before
levying or allowing to be levied, any specific charge relating to a premium rate
service provided to a subscriber, disclose the fact, amount, and frequency of the
charge to the subscriber.
(3B)
Subsection (3A) shall not apply to services rendered by a
telecommunications operator on behalf of a public body.
(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, Act No. 11 of 2017, Sch.]
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.
28