[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
NO. 2 OF 1998
KENYA INFORMATION AND COMMUNICATIONS ACT
[Date of assent: 1st October, 1998.]
[Date of commencement: 15th February, 1999: sections 2-4, 5 (1)-(4), 6-22,
84, 102;
26th April, 1999: sections 23-83, 85-101;
1st July, 1999: section 103;
1st July, 2004: section 5 (5).]
An Act of Parliament to provide for the establishment of the Communications
Commission of Kenya, to facilitate the development of the information
and communications sector (including broadcasting, multimedia,
telecommunications and postal services) and electronic commerce to
provide for the transfer of the functions, powers, assets and liabilities of
the Kenya Posts and Telecommunication Corporation to the Commission,
the Telcom Kenya Limited and the Postal Corporation of Kenya, and for
connected purposes
[Act No. 2 of 1998, L.N. 22/1999, L.N. 39/1999, L.N. 84/1999,
L.N. 63/2004, Act No. 1 of 2009, Act No. 6 of 2009,
Act No. 4 of 2012, Act No. 12 of 2012, Act No. 41A of 2013,
Act No. 25 of 2015, Act No. 11 of 2017, Act No. 18 of 2018.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya Information and Communications Act, 1998.
[Act No. 1 of 2009, s. 3.]
2. Interpretation
(1) In this Act unless, the context otherwise requires—
“access” in relation to any computer system”, means instruct, communicate
with, store data in, retrieve data from, or otherwise make use of any of the
resources of the computer system;
“act of vandalism” means any willful, negligent, reckless or malicious act of
stealing, destroying, damaging or breaking into telecommunications apparatus,
lines, installations, hardware, software or plant used for telecommunication
services and systems;
“advanced electronic signature” means an electronic signature which
meets all the following requirements—
(a) is uniquely linked to the signatory;
(b) is capable of identifying the signatory;
(c) it is created using means that the signatory can maintain under his
sole control; and
(d) it is linked to the data to which it relates in such a manner that any
subsequent change to the data is detectable;
“agreement” includes decisions or practices;
“Authority” means the Communications Authority of Kenya established
under section 3;
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