18
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(ii) if the addressee has a designated computer resource for
the purpose of receiving an electronic record, receipt
occurs at the time when the electronic record enters the
designated computer resource; or
(iii) if the electronic record is sent to a computer resource
of the addressee that is not the designated computer
resource, receipt occurs at the time when the electronic
record is retrieved by the addressee; or
(iv) if the addressee has not designated a computer resource
along with specified timings, if any, receipt occurs when
the electronic record enters the computer resource of the
addressee;
(v) an electronic record is deemed to be dispatched at the
place where the originator has his place of business, and
is deemed to be received at the place where the addressee
has his place of business; and
(vi) the provisions of subparagraph (v) shall apply notwithstanding that the place where the computer resource
is located may be different from the place where the
electronic record is deemed to have been received under
subparagraphs (ii) or (iii).
Part II—Communications Commission of Kenya
Establishment of
Commission.
3. (1) There is hereby established a Commission to be known as
the Communications Commission of Kenya.
(2) The Commission shall be a body corporate with perpetual
succession and a common seal and shall, in its corporate name, be
capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging
and disposing of movable and immovable property;
(c) borrowing or lending money; and
(d) doing or performing all such other things or acts for the
proper performance of its functions under this Act which may
be lawfully done or performed by a body corporate.
Headquarters.
4. The Headquarters of the Commission shall be in Nairobi.