1103A

2013	Kenya Information and Communications (Amendment) 	No. 41A

telecommunication apparatus to transmit and
receive indirect communications by
providing access to telecommunication
systems and enabling such
telecommunication systems to identify the
particular Subscriber Identity Module and its
instal led information.
(2) The principal Act is amended by deleting the word
"chairman" wherever it appears and substituting therefor
the word "chairperson".
Amendment to	 3. Part II of the principal Act is amended
section 2 of No. 2 of
1998.	 the words "Communications Commission

by deleting
of Kenya"
wherever they appear and substituting therefor the words
"Communications Authority of Kenya".

Repeal and
replacement of
section 5A of No. 2
of 1998.

4. The principal Act is amended by repealing section
5A and replacing it with the following new section —
Independence
of the
Authority.

5A. (1) The Authority shall be independent
and free of control by government, political or
commercial interests in the exercise of its
powers and in the performance of its functions.
(2) In fulfilling its mandate, the Authority
shall be guided by the national values and
principles of governance in Article 10 and the
values and principles of public service in Article
232 (1) of the Constitution.

Repeal and
replacement of
section 5 of No. 2 of
1998.

5. The principal Act is amended by repealing section
5B and replacing it with the following new sections —
Freedom of
the media.

5B. (1) The Authority shall, in undertaking
its functions under this Act comply with the
provisions of Article 34 (1) and (2) of the
Constitution.
(2) Subject to Article , 24 of the
Constitution, the right to freedoni of the media
and freedom of expression may be limited for
the purposes, in the manner and to the extent set

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