Kenya Subsidiary l,e gislation, 20 1 5

(2)

1003

The telecommunications operator or agent shall record the

date of birth of the minor on registration of the minor's SIM-card.

(3) A guardian accompanying a minor for purposes of registering
a minor's SIM-card under paragraph (1) shall be registered as thi
subscriber of that particular slM-card until the minor atiains the age of

majority.

(4) Upon the minor attaining the age of majority, a

telecommunications operator shall advise a minor registered as a user
under this regulation to register his or her personal identification details
according to regulations 5 and 6 within a period of ninety days on
attainment of the age of majority and the telecommunications oplrator
shall inform the minor that his or her telecommunications services shall
be suspended if he or she fails to comply with these Regulations.

(5)

Where, within ninety days

a

person fails

to

register

identification particulars in accordance with paragraph (4), the SIMcard shall be suspended and deactivated in the manner provided for

under these Regulations.

(6) Where an adult has no legal capacity to transact on his or her

own behalf, the requirements of this regulation shall apply with
necessary modifications.

9. (1) There shall be no proxy registration of any SIM-card,
except as otherwise permitted under regulation 8.

10.

(I) A person shall transfer a SIM-Card registered in his or

her name by making an application to the relevant telecommunications
operator informing the telecommunications operator of his or her wish
to discontinue the use of the SIM-card and to transfer the benefits, use
and liability of the SIM-card to a particular person.

(2) When considering such an application,

Prohibition of
proxy registration
Transfer of SIMCards

the

telecommunications operator shall abide by the requirements of
regulation 6 and regulation 7 as though the transfei was a new
application.

ll. A telecommunications operator shall grant the Authority's
officers access to its systems, premises, facilities, files, records and
other data to enable the Authority inspect such systems, premises,
facilities, files, records and other data for purposes of ensuring
compliance with the Act and these Regulations.
12. A person who commits an offence under these Regulations
for which no specific penalty has been provided in the Act ihall, on
conviction, be liable to a fine not exceeding three hundred thousand
shillings or to imprisonment for a term not exceeding six months or to

Access to sites
and records.

Penalties.

both.

13. (l) A telecommunications operator shall ensure that all
existing subscribers, who are registered prior to the coming into
operation of these Regulations, fulfil the requirements of these
Regulations within six months of the commencement of these
Regulations.

rransition
provisions

Select target paragraph3