Rev. 2011]
Kenya Information and Communications
CAP. 411A
persons and persons, things and things or persons and
things) of any matter otherwise than in the form of sound,
visual images or data; or
(v) signals serving for the activation or control of machinery
or apparatus and includes any cable for the distribution
of anything falling within (i) to (iv) above;
“Tribunal” means the Appeals Tribunal set up under section 102
of this Act;
“vessel” includes any ship, boat, air-cushioned vehicle or floating
rig or platform used in navigation.
(2) For the purpose of this Act, a telecommunication system
is operated by the person who controls and manages it by himself or
through servants or agents.
(3) In this Act—
(a) a postal article shall be deemed to have been delivered—
(i) to the addressee, if it is delivered into the private letter
box of the addressee, leaving it at the house, or office of
the addressee as set out thereon, or with his employee or
agent or other persons authorised to receive it and, where
the addressee is a guest or is resident at a hotel, hostel or
lodgings, it is left with the proprietor or manager thereof
or with his agent; or
(ii) to a postal services operator licensed under section 51,
if it is deposited into a posting box or handed over to an
employee or agent of a postal services operator authorised
to receive it;
(b) a postal article shall be deemed to be in the course of
transmission by post from the time of its being delivered to
the public postal licensee until the time of its being delivered
to the addressee, or it is returned to the sender or otherwise
disposed of under the provisions of this Act.
(c) save as otherwise agreed to between the originator and
the addressee—
(i) the dispatch of an electronic record occurs when it enters a
computer resource outside the control of the originator;
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