(1) A person who uses automated calling systems without human intervention,
facsimile machines or electronic mail for purposes of direct marketing without the
prior consent of the subscriber commits an offence.
(2) A person who sends electronic mail for purposes of direct marketing disguising
or concealing the identity of the sender on whose behalf the communication is
made, or without a valid address to which the recipient may send a request that the
communications cease commits an offence.
(3) Where a natural or legal person legally obtains from its subscribers their
electronic contact details for electronic mail, in the context of a sale of a product or
service, the natural or legal person may use these electronic contact details for
direct marketing of his or its own similar products or services so long as he or it
gives the subscriber an opportunity to object, free of charge and in a simple
manner, to the use of the data when it is collected and on the occasion of each
message in case the subscriber had not initially objected to the use.
(4) All automated direct-marketing schemes to be used in Kenya shall be based on
an opt-in principle, in which potential subscribers shall be accorded the
opportunity to accept or reject inclusion in a marketer’s mailing list.
18. Presentation and restriction of calling and connected line identification.
The Commission shall, from time to time, prescribe through guidelines, the manner
in which calling line identification features shall be available to subscribers
through licensees whose systems have such capabilities.
19. Emergency services.
(1) A licensee shall provide free access to emergency safety mand assistance
services in the manner determined by the Commission from time to time, in
accordance with the written laws in force and international standards.
(2) A licensee shall permit calls to internationally and nationally emergency
numbers to be free of charge.
(3) A licensee shall, where technically possible, forward any useful personal data
to the designated emergency services providers upon connecting emergency calls.
(4) Where there is doubt, the Commission shall determine the numbers that qualify
for toll free access under paragraph (1) and (2).