Rev. 2011]
Kenya Information and Communications
CAP. 411A
83
provider.
Part VII—Miscellaneous Provisions
84. (1) There is established a Secretariat to be known as the National
National Communication Secretariat, headed by a Communications Communication
secretary and comprising such other officials as may be determined Secretariat.
from time to time.
(2) The function of the Secretariat shall be to advise the
Government on the adoption of a communication policy which—
(a) promotes the benefits of technological development to all
users of postal and telecommunication facilities;
(b) fosters national safety and security, economic prosperity
and the delivery of critical social services through posts and
telecommunications;
(c) facilitates and contributes to the full development of
competition and efficiency in the provision of services both
within and outside Kenya; and
(d) fosters full and efficient use of telecommunication
resources including effective use of the radio spectrum by
the Government in a manner which encourages the most
beneficial use thereof in the public interest.
85. (1) Subject to subsection (3), a telecommunication operator
Power of operator to
may, with the consent in writing of the owner or occupier of any land, use land.
and subject to such terms and conditions as may be agreed upon between
the operator and the owner or occupier, place or maintain under, over,
along, across, in or upon such land, any telecommunication apparatus
or such radio-communication apparatus, installed or used in accordance
with a radio-communication licence.
(2) Upon an agreement under subsection (1), it shall be lawful for
the telecommunication operator or its representatives, at all times and
on reasonable notice, to enter upon the land and to—
(a) put up any posts, which may be required for support of any
telecommunication lines;
(b) fasten or attach to any tree growing, on that land a bracket
or other support for the line;
(c) cut down any tree or branch which is likely to injure, impede