240
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
any information collected by the licensee without the prior consent of the
consumer concerned.
(4) In the case of children, the powers exercised in paragraph (1) and (2)
shall be vested in the parents or lawful guardians on their behalf.
Operator assistance.
16. A licensee shall, where applicable, ensure that all its customers can
access operator assistance services.
Unsolicited
communications.
17. (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.
Presentation and
restriction of calling
and connected line
identification.
18. 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.
Emergency services.
19. (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).
Billing
20. (1) A licensee shall install a billing system that permits, upon request
by a customer, issuance of bills that identify the rates charged to the subscriber,