No. 2 of 1998

Kenya Information and Communications

[Rev. 2018]

in relation to the data message and to indicate the signatory’s approval of the
information contained in the data message;
“encryption” means a method transforming signals in a systematic way so
that the signal would be unintelligible without a suitable receiving apparatus;
“equipment” includes any appliance, apparatus or accessory used or
intended to be used for communication services;
“financial year” means a financial year within the meaning of section 18;
”former Commission” means the Communications Commission of Kenya
immediately existing before the commencement of this Act;
“franking machine” means a machine for the purpose of making
impressions on postal articles to denote pre-payment of postage and includes
any meter or meters and any franking or date-stamping die incidental thereto;
“free-to-air service” means a service which is broadcast without encryption
and capable of being received by conventional broadcasting receiving
apparatus;
“function” includes logic, control, arithmetic, deletion, storage and retrieval
and communication or telecommunication to, from or within a computer system;
“Fund” means the Universal Service Fund established by section 84J of
this Act;
“information and communication technologies” means technologies
employed in collecting, storing, using or sending out information and include
those involving the use of computers or any telecommunication system;
“installation or plant used for posts” includes all buildings, lands,
structures, machinery, equipment, boxes and receptacles used or intended for
use in connection with the transmission of postal articles by post;
“intercept” in relation to a function of a computer, includes listening to, or
recording a function of a computer, or acquiring the substance, its meaning or
purport of such function;
“Kenyan programme” means sounds or vision or a combination of both
whose content comply with the classification of local content as may be required
by the Commission from time to time;
“letter” means any written or printed communication conveying from one
person to another particular information upon matters personal to such persons
or information upon which it is intended that the recipient should reply, act or
refrain from acting, but does not include any written or printed communication
which is a newspaper or a periodical accompanied by any other communication;
“licence” means any licence issued under this Act;
“mail bag” means any bag, container, envelope or covering in which postal
articles are conveyed;
“market” means a market in Kenya or a substantial part of Kenya and
refers to the range of reasonable possibilities for substitution in supply or
demand between particular kinds of goods or services and between suppliers
or acquirers, or potential suppliers or acquirers, of those goods or services;

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