90
CAP. 411A
Powers in relation
to electricity
undertakers, etc.
Kenya Information and Communications
[Rev. 2011
94. (1) Subject to subsection (7), any person who establishes or
operates, under any written law or otherwise, any undertaking for the
supply of electricity (in this section referred to as “the undertaker”) or
any person who constructs, equips or operates a railway by means of
electricity (in this section referred to as “the railway operator”) shall,
at least one month before erecting, placing or altering the position of
any line or wire for the transmission of such electricity, forward to
the telecommunication operator within the area within which such
work is to be executed, or to the public postal licensee where any post
office or other property is likely to be affected a notice in writing of
his intention to execute such work together with a plan of the proposed
work, and the undertaker or the railway operator shall also give to
the telecommunication operator, or as the case may be, the public
postal licensee all such other information as he may require in order
to determine whether such work is likely to interfere unduly with any
telecommunication or postal services.
(2) Where an undertaker has given notice in writing in accordance
with subsection (1), the telecommunication operator, or as the case may
be, the public postal licensee within one month of the receipt of such
notice, shall inform the undertaker in writing that the proposed work
has either been approved or that, in accordance with subsection (3),
certain requirements are considered necessary to be effected or that the
matter referred to in the notice is receiving attention, and in the event
of no such notification in writing being so given, the position of any
electric supply line specified in the notice given in accordance with
subsection (1) shall, for the purposes of this Act, be deemed to have
been approved in writing.
(3) If the telecommunication operator, or as the case may be, the
public postal licensee considers that any such work is likely to interfere
unduly with any telecommunication or postal services provided by or
under the authority of the Commission, he may inform the undertaker or
the railway operator of any requirements he may consider necessary to
be effected by the undertaker or the railway operator in order to remove
or lessen such anticipated interference, and in so doing he shall have
regard not only to the interests of such telecommunication or postal
services, but also to the interests of all persons supplied or who may
be supplied with electricity by the undertaker and of all persons using
the facilities provided by the railway operator.
(4) If the undertaker or the railway operator does not agree to
effect such requirements, or any altered requirements communicated
to him under subsection (3) the matter shall be referred to the Minister
for the time being responsible for public lands, and the undertaker or
the railway operator shall not proceed with the execution of such work
until that Minister has given his decision thereon.