[Rev. 2018] Kenya Information and Communications (iii) (iv) (v) (vi) No. 2 of 1998 if the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee; or if the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee; an electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business; and the provisions of subparagraph (v) shall apply notwithstanding that the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under subparagraphs (ii) or (iii). [Act No. 1 of 2009, s. 4, Act No. 12 of 2012, Sch, Act No. 41A of 2013, s. 2(1), Act No. 25 of 2015, Sch.] PART II – COMMUNICATIONS AUTHORITY OF KENYA [Act No. 41A of 2013, s. 3.] 3. Establishment of Commission (1) There is hereby established a Commission to be known as the Communications Authority of Kenya. (2) The Commission shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of— (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; (c) borrowing or lending money; and (d) doing or performing all such other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. [Act No. 41A of 2013, s. 3.] 4. Headquarters The Headquarters of the Commission shall be in Nairobi. 5. Object and purpose of the Commission (1) The object and purpose for which the Commission is established shall be to licence and regulate postal, information and communication services in accordance with the provisions of this Act. (2) The Commission shall have all powers necessary for the performance of its functions under this Act. (3) The Commission may enter into association with such other bodies or organisations within or outside Kenya as the Commission may consider desirable or appropriate and in furtherance of the purpose for which the Commission is established. (4) The Commission shall, in the performance of its functions under this Act have regard to— 17