There are many laws that bear relevance to the subject of ICT (including media and broadcasting) in Kenya. While a number of them may have nothing more than a passing reference to a computer system or the recognition of the use electronic records in statutory transactions, others have a more direct relevance on account of the breadth with which they address themselves to one or more aspect of ICT. The laws listed below fall in the latter category and are, in my opinion, the entry points for any discussions on ICT law in Kenya.
While I have endeavored to make the list as comprehensive as possible and will also endeavor to keep it updated, it is not necessarily exhaustive or representative of all the laws of Kenya that may be directly or indirectly relevant to ICT, media and broadcasting. To access all the Laws of Kenya, go to: www.kenyalaw.org - the National Council for Law Reporting.
1. The Constitution of Kenya, 20??10
The supreme law of Kenya, promulgated in August 2010 and replacing the now repealed Constitution of Kenya.
Tags: The republic, human rights, right to privacy, right to information, use of appropriate technology in government services, place of ICT in ministerial portfolios, national security, structure of government
http://www.kenyalaw.org/klr/index.php?id=7
2. The Kenya Information and Communications Act, 1998
The framework legislation for the information, communications, media and broadcasting sub-sectors. Establishes the Communications Commission of Kenya as the industry regulator.
Tags: Communications Commission of Kenya (CCK), Kenya Communications Secretariat, Communications Appeal Tribunal, Telecommunications services, radio communications, broadcasting services, licensing and enforcement, electronic transactions, digital signatures, e-government, universal service, faire competition and equal treatment, consumer protection, dispute resolution.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
3. Media Act, 2007
Legislation providing for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media and for the self-regulation of the media.
Tags:Media Council of Kenya, media regulations, complaints and dispute resolution, watershed period, media complaints commission;
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
4. Kenya Communications Regulations, 2001
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998
Tags:Issue, suspension and revocation of licenses for telecommunications and radio communications services, national numbering plan, tariff regulation, interconnection, roaming agreements, type approval of equipment, offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
5. The Kenya Communications (Broadcasting) Regulations, 2009
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further and more particular provisions on the regulation of broadcasting services.
Tags: Broadcasting license, concentration of media power/ownership, broadcasting services; satellite, cable and subscription management services; digital broadcasting; content regulation; censorship; parental control; watershed period; programme code; complaints procedure, offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
6. The Kenya Information and Communications (Dispute Resolution) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further and more particular provisions on dispute resolution between licensees and between licensees and consumers.
Tags: Power of the CCK to resolve disputes; procedure for filing, hearing, withdrawal and determination of disputes, offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
7. Kenya Information and Communications (Tariff) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the regulation of prices, charges and levies imposed for information and communications services by a licensee under the Act.
Tags: Regulated services; promotion; special offer; ICT service; tariff setting; tariff rates; tariff approval; investigation of tariffs; tariff guidelines; economics; sunk costs; vertical integration; cross-subsidization; offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
8. The Kenya Information and Communications (Compliance Monitoring, Inspections and Enforcement) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on monitoring compliance with and enforcing the provisions of the Act by the CCK
Tags: Principles and procedures of monitoring and enforcement; reports by licensees; investigations; penalties and offences; civil proceedings; legal remedies.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
9. The Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on fair competition among licensee and their fair treatment.
Tags: Market segments; market power; abuse; anti-competitive agreements and practices; unfair competition; discrimination; market dominance; monopoly; investigation; interconnection obligations; book of accounts; non-preferential treatment of subscribers; exemptions; offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
10. The Kenya Information and Communications (Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on interconnection and access between licensees of ICT services.
Tags: Interconnection; facilities provider; facilities acquirer; interconnection agreement; interoperability; local access provider; network facility; calling line identity; co-location; end-to-end connectivity; point of interconnection; interconnection charges; billing settlement; technical specifications and standards; interconnection dispute resolution; quality of service; confidentiality; network access facilities; offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
11. The Kenya Information and Communications (Consumer Protection) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the protection of consumers of ICT services.
Tags: Consumer protection; commercial code of conduct; outage credit; subscriber service; rights of customers; rights of consumers; customer care; complaint handling procedure; persons with disabilities; protection of children; customer information; confidentiality; operator assistance; calling line identification; emergency services; billing; consumer satisfaction; quality of service monitoring; offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
12. The Kenya Information and Communications (Numbering) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the allocation and management of numbers and addresses for electronic communications, postal services.
National communication and numbering plan; communications addresses; communication number; mobile service identity; planning, allocation and administration of numbers; electronic addresses; offence and penalty.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
13. The Kenya Information and Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions for the regulation of the importation, distribution and the type of communications equipment.
Tags: Communication equipment; national standards; type approval; type acceptance; Kenya Bureau of Standards; technical evaluation; certificate; complaint procedure; exemptions; equipment disposal; offence and penalty.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
14. The Kenya Information and Communications (Radio Communications and Frequency Spectrum) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on frequency spectrum assignment and management.
Tags: Frequency spectrum, harmful interference, radio emission, spectrum assignment of frequency, transmitter, radio communication license, obligations of licensees, sharing of frequencies, frequency spectrum pricing, type approval and inspection, monitoring and inspection, misuse of frequencies.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
15. The Kenya Information and Communications (Universal Access and Service) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the implementation of universal access and service provision and the administration of the Universal Service Fund
Tags: Universal service fund, Universal Service Advisory Council, subsidies, loans, grants, public voice telephony, unserved areas, universal service levy, universal service programs/projects, manner of funding,
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
16. The Kenya Information and Communications (Licensing and Quality of Service) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on monitoring the quality of ICT services.
Quality of service standards, principles of developing quality service ser v ice, licensing for services, market structure, measurement, reporting and record keeping, duty of care to the public and consumers, transitional provisions.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
17. The Kenya Information and Communications (Electronic Certification and Domain Name Administration) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the licensing and regulation of certification authorities and domain name administrators.
Tags: Certification service providers, foreign service providers, certification personnel, certification practice statement, subscriber, time stamp, subscriber identity verification method, liability and obligations of certification service providers and subscribers, suspension, renewal and revocation of certificates, performance audits, security guidelines, incident handling, confidentiality, winding up of a certification service provider, records management, domain names, country code top level, ccTLD, domain name administrator, registrar, registrant, repository, subdomain, winding up of administrators, offences and penalties.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
18. The Kenya Information and Communications (Postal and Courier Services) Regulations, 2010
Regulations made by the Minister in charge of information and communications in consultation with the Communications Commission of Kenya under the Kenya Information & Communications Act, 1998 to make further provisions on the regulation of postal and courier services.
Tags: Postal and courier license, issuance of postage stamps, postal articles, disposal of undeliverable articles, prohibited articles, postal security and safety, compensation, use of technology, universal service obligation, extra-terrestrial offices of exchange (ETOEs), penalty, post code, commemorative stamps, basic postal services
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
19. The Transfer of Assets by the Postal Corporation of Kenya to the Postal Corporation of Kenya Pension Scheme Order, 2010
Tags: Regulations made by the Deputy Prime Minister and Minister for Finance under the Kenya Information and Communications Act, 1998 for the transfer of the immovable property and assets of the Postal Corporation of Kenya to the corporation?s pension scheme.
Transfer of assets, immovable property
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
20. Penal Code (Chapter 63)
An of Parliament that establishes a code of criminal law, containing principles of criminal law, various criminal offences and the punishments prescribed for them.
Defines an electronic record, making a false document or electronic record, making electronic records without authority, uttering a false electronic record, felony, misdemeanour, forgery, theft, information as a thing capable of being stolen
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
21. Evidence Act (Chapter 80)
An Act of Parliament declaring the law of evidence
General principles of evidence, admissibility, res gestae, facts, production of documents, hearsay, production of electronic records as evidence, electronic evidence, electronic signature, presumptions on evidence, burden of proof.
http://www.kenyalaw.org/kenyalaw/klr_app/frames.php
Source: http://michaelmurungi.blogspot.com/2011/06/schedule-of-laws-and-regulations-on-ict_24.html
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