84
CAP. 411A
Kenya Information and Communications
[Rev. 2011
or interfere with any telecommunication lines; or
(d) perform any activities necessary for the purpose of
establishing, constructing, repairing, improving, examining,
altering or removing any telecommunication apparatus or
radio-communication apparatus, or for performing any other
activities in accordance with the provisions of this Act.
(3) Notwithstanding any agreement under subsection (1) a
telecommunication operator shall not, except with the consent of the
owner or occupier of the land—
(a) acquire any right other than that of user of such land under,
over, along, across, in or upon which any telecommunication
apparatus or radio communication apparatus is placed and
only for such purposes as the parties have agreed;
(b) exercise those powers in respect of any land vested in or
under the control of a local authority, except in accordance
with a procedure set out in section 86.
(4) A telecommunication operator shall ensure that as little damage
as possible is caused to the land and to the environment by reason of
the exercise of the powers conferred by this section and shall pay fair
and adequate compensation to the owner or occupier of the land for
any damage or loss sustained by reason thereof.
(5) Any dispute arising between an operator and the owner or
occupier of any land with respect to the provisions of this section may
be referred to the Tribunal for adjudication within thirty days of the
dispute.
Co-location.
1 of 2009, s. 32.
85A. (1) Co-location at sites and facilities may be done with
prior agreement of licenses.
(2) When no agreement on co-location is reached, the licensees
may refer the issue to the Commission for a decision.
Procedure for using
public land.
86. (1) Where a telecommunication operator licensed by the
Commission intends to enter any land under the control of a local
authority or other public body, the telecommunication operator shall
seek the consent of the local authority or public body stating the nature
and extent of the acts to be done.
(2) The local authority or other public body may, upon request
under subsection (1), permit the telecommunication operator to exercise
any or all of the powers under section 85 (2), subject to such conditions,