[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
(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.]
27D. Regulations on SIM-card registration
The Cabinet Secretary, in consultation with the Authority may make regulations
with respect to—
(a) procedure for SIM-card registration;
(b) timelines for SIM-card registration, storage and retention of subscriber
records;
(c) confidentiality and disclosure of subscriber information;
(d) registration of minors;
(e) transfer of SIM-cards;
(f) registration particulars;
(g) suspension and deactivation of SIM-cards; and
(h) any other matter that may be prescribed under this sub-Part.
[Act No. 41A of 2013, s. 12, Act No. 25 of 2015, Sch.]
Offences relating to Telecommunication Services
28. Obtaining service dishonestly
A person who dishonestly facilitates or obtains a service provided by a person
authorised under this Act to provide telecommunication services with intent to avoid
payment of any charge applicable to the provision of that service commits an
offence and shall be liable on conviction to a fine not exceeding one million shillings,
or to imprisonment for a term not exceeding five years, or to both.
[Act No. 1 of 2009, s. 10.]
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