Rev. 2011]
Kenya Information and Communications
CAP. 411A
85
including the payment of any fee for the use of the property, the time
or mode of execution of any works, or for any other related activity
undertaken by the telecommunication operator under the section as may
be agreed between the telecommunication operator and the authority.
(3) An operator dissatisfied with the terms or conditions imposed
by the local authority under subsection (1), may apply to the Commission
for the review of such terms or conditions.
(4) A person aggrieved by the decision of the Commission under
subsection (3) may appeal to the Tribunal within thirty days of such
decision.
87. (1) Where, upon application by a telecommunication operator
of land.
the Commission considers that it is necessary land, for the purpose of
providing telecommunication services to the public, the Commission
may apply to the Commissioner of Lands to acquire the land on behalf
of the telecommunication operator.
Compulsory purchase
(2) Upon application by the Commission under subsection (1),
the Commissioner of Lands may, if satisfied that it is in the public
interest to do so, acquire the land in accordance with the provisions of
Cap. 301.
the Land Acquisition Act.
(3) Where land is acquired on behalf of a telecommunication
operator under subsection (2), such operator shall bear all costs in
relation thereto.
88. (Deleted by 6 of 2009, Sch.)
89. (1) If a court is satisfied by information on oath that there is Entry and search of
premises, etc.
reasonable ground for suspecting that an offence under the provisions
of this Act has been or is being committed, and that the evidence of the
commission of the offence is to be found on any premises specified in
the information, or in any vehicle, vessel or aircraft so specified, it may
grant a search warrant, authorising any person or persons authorised
in that behalf by the Commission and named in the warrant, with any
police officer, to enter, at any time within one month from the date of
the warrant, the premises specified in the information or, as the case
may be, the vehicle, vessel or aircraft so specified and to search such
premises, vehicle, vessel or aircraft, and to examine and test any station
or apparatus or obtain any article or thing found in such premises, vessel,
vehicle or aircraft.
(2) If a court is satisfied that—
(a) it is necessary to enter any specified premises, vessel, aircraft