Rev. 2011]
Kenya Information and Communications
CAP. 411A
91
(5) Where any matter has been referred to the Minister for the
time being responsible for public lands under this section, that Minister
may appoint any person or committee to investigate the matter and to
report thereon to him.
(6) After consideration of the report of any such person or
committee, the Minister responsible for public lands may, after giving
the parties reasonable opportunity of being heard, give such decision
as he may think fit, and may specify what requirement, if any, the
undertaker or the railway operator shall comply with in executing any
such work and any such decision shall be final;
(7) The Commission may, by notice in the Gazette, specify general
requirements to be observed by any undertaker or railway operator
when erecting, placing or altering the position of any electric supply
line, and in any such notice the Commission may provide that it shall
not be necessary:
(a) for any undertaker or railway operator effecting any
specified class of work; or
(b) for any specified class of undertaker or railway operator, to
give to the telecommunication operator, or the public postal
licensee notice referred to in subsection (1) if, in effecting
any work, any such undertaker or railway operator proposes
to comply with such general requirements.
95. Where any person erects any building or structure which
is likely to cause interference with the telecommunication, or radio
communication or postal services, telecommunication operator or as
the case may be, the public postal licensee may, unless such person
has previously obtained the approval in writing of such operator or
licensee to the erection of such building or structure or has modified it
to the satisfaction of the said operator or licensee, require such person
to pay to the said operator or the licensee the amount of any expenditure
necessarily incurred by him in the removal of any installation, apparatus
or equipment in order not to interfere with telecommunication, radiocommunication or postal services.
Structures likely
to interfere with
telecommunication or
postal services.
96. (1) Where any offence under this Act has been committed
Offences by
by a company or body corporate, every person who at the time of the companies.
commission of the offence was a director, general manager, company
secretary or other similar officer of such company or body corporate, or
was purporting to act in any such capacity, shall be deemed also to be
guilty of that offence, unless he proves that the offence was committed
without his consent or connivance and that he exercised all such