[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
“computer service” includes data processing and the storage or retrieval
of data;
“computer system” means a device or collection of devices including input
and output devices but excluding calculators which are not programmable and
capable of being used in conjunction with external files which contain computer
programmes, electronic instructions and data that perform logic, arithmetic, data
storage, data retrieval, communication control and other functions;
“country code top-level domain” means top-level domain .ke used and
reserved for Kenya;
“courier services” means any specialised service for the collection,
despatch, conveyance, handling and delivery of postal articles;
“customs law” means any law relating to the collection of customs duties
or transfer tax;
“cyber security”means the collection of tools, policies, security concepts,
security safeguards, guidelines, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect
the cyber environment;
“data” means information recorded in a format in which it can be processed
by equipment operating automatically in response to instructions given for that
purpose, and includes representations of facts, information and concepts held
in any removable storage medium;
“Director-General” means the Director-General of the Commission
appointed under section 6;
“document of title” means a formal document that is considered sufficient
proof that the person who possesses it is entitled to receive, hold, and dispose
of the instrument and the goods that it covers;
“dominant telecommunications service provider” means a licensee
determined to be a dominant telecommunications service provider pursuant to
the criteria set out in sections 4 and 23 of the Competitions Act, 2014;
“e-Government services” means public services provided electronically by
a Ministry or Government department, local authority, or any body established
by or under any law or controlled or funded by the Government;
“electronic” means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities;
“electronic form” with reference to information, means any information
generated, sent, received or stored in magnetic, optical, computer memory,
microfilm or similar device;
“electronic Gazette” means the Kenya Gazette published in electronic
form;
“electronic record” means a record generated in digital form by an
information system, which can be transmitted within an information system or
from one information system to another and stored in an information system or
other medium;
“electronic signature” means data in electronic form affixed to or logically
associated with other electronic data which may be used to identify the signatory
11