No. 2 of 1998 Kenya Information and Communications [Rev. 2018] information for the purposes of facilitating the use of a service falling within subparagraph (i) above and provided by means of that system; “telecommunication system” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of— (i) speech, music and other sounds; (ii) visual images; (iii) data; (iv) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound, visual images or data; or (v) signals serving for the activation or control of machinery or apparatus and includes any cable for the distribution of anything falling within (i) to (iv) above; “Tribunal” means the Appeals Tribunal set up under section 102 of this Act; “vandalize” means to commit an act of vandalism; “vessel” includes any ship, boat, air-cushioned vehicle or floating rig or platform used in navigation. (2) For the purpose of this Act, a telecommunication system is operated by the person who controls and manages it by himself or through servants or agents. (3) In this Act— (a) a postal article shall be deemed to have been delivered— (i) to the addressee, if it is delivered into the private letter box of the addressee, leaving it at the house, or office of the addressee as set out thereon, or with his employee or agent or other persons authorised to receive it and, where the addressee is a guest or is resident at a hotel, hostel or lodgings, it is left with the proprietor or manager thereof or with his agent; or (ii) to a postal services operator licensed under section 51, if it is deposited into a posting box or handed over to an employee or agent of a postal services operator authorised to receive it; (b) a postal article shall be deemed to be in the course of transmission by post from the time of its being delivered to the public postal licensee until the time of its being delivered to the addressee, or it is returned to the sender or otherwise disposed of under the provisions of this Act; (c) save as otherwise agreed to between the originator and the addressee— (i) the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator; (ii) if the addressee has a designated computer resource for the purpose of receiving an electronic record, receipt occurs at the time when the electronic record enters the designated computer resource; or 16