No. 2 of 1998 (d) (e) (f) Kenya Information and Communications [Rev. 2018] knows or believes that the person to whom the thing is supplied intends to use it unlawfully for that purpose or to allow it to be used unlawfully for that purpose; or offers to supply anything which may be used for the purpose of changing or interfering with the operation of a mobile telephone equipment identifier; and knows or believes that the person to whom the thing is offered intends if it is supplied to him to use it unlawfully for that purpose or to allow it to be used unlawfully for that purpose. (2) A person guilty of an offence under this section is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years or to both. [Act No. 1 of 2009, s. 31.] 84I. Bonafide re-programming or possession It shall not be an offence under sections 84G and 84H if— (a) the re-programming of mobile telephone equipment identity is done; or (b) the possession of anything that can change the mobile telephone equipment identity is had, bonafides for personal technological pursuits or other technological review endeavours. [Act No. 1 of 2009, s. 31.] PART VIB – UNIVERSAL SERVICE FUND 84J. Establishment of the Fund (1) There is hereby established a fund to be known as the Universal Service Fund which shall be managed and administered by the Commission. (2) The object and the purpose of the Fund shall be to support widespread access to, support capacity building and promote innovation in information and communications technology services. (3) There shall be a universal service levy (in this Part referred to as the “levy”) that shall be charged by the Commission on the licensees under this Act for purposes of the Universal Service Fund. [Act No. 1 of 2009, s. 31.] 84K. Revenue and expenditure of the Fund (1) There shall be credited to the Fund— (a) levies from licensees; (b) such monies as may be provided by Parliament for that purpose; (c) deleted by Act No. 41A of 2013, s. 28; (d) income from any investment made by the Fund; and (e) any gifts, donations, grants and endowments made to the Fund. (2) There shall be paid out of the Fund any expenditure approved by the Board for the purposes of and the administration of the Fund. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 28.] 64

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