No. 41A
Amendment of No. 2
of 1998 by insertion
of new sections 104
and 105.
1136A
Kenya Information and Communications (Amendment) 2013
40. The principal Act is amended by inserting the
following new sections immediately after section 103—
104. (1) The Authority shall, pursuant to
Article 157(12) of the Constitution, have the
offences. power to undertake prosecution of any offence
under this Act.
Prosecutio
n of
(2) An officer duly authorised in writing
by the Authority may conduct a prosecution
for any offence under this Act.
Transition.
Transitional
provisions.
105. The transition provisions set out in
the Sixth Schedule to this Act shall have effect
with respect to the staff, assets, rights,
liabilities, obligations, agreements and other
arrangements existing at the commencement of
this Act.
41. (1) A person who was a member of the Board of
the former body shall continue to hold office for a period
not exceeding ninety days or until the appointment of the
members of the Authority or Tribunal, whichever comes
first.
(2) On the commencement of this Act—
(a)
any person who was an employee of the former
body immediately before the commencement of
this Act shall be deemed to be an employee of
the Authority or Tribunal on the same terms and
conditions of service;
(b)
all property, assets, rights, liabilities,
obligations, agreements, licences and other
arrangements existing at the commencement of
this Act and vested in, acquired, incurred or
entered into by or on behalf of the former body,
shall be deemed to have vested in or to have
been acquired, incurred or entered into by or on
behalf of the Authority or Tribunal to the same
extent as they were enforceable by or against
the former body before the commencement of
the Act;