[Rev. 2018] Kenya Information and Communications No. 2 of 1998 (3) Notwithstanding any agreement under subsection (1) a telecommunication operator shall not, except with the consent of the owner or occupier of the land— (a) acquire any right other than that of user of such land under, over, along, across, in or upon which any telecommunication apparatus or radio communication apparatus is placed and only for such purposes as the parties have agreed; (b) exercise those powers in respect of any land vested in or under the control of a local authority, except in accordance with a procedure set out in section 86. (4) A telecommunication operator shall ensure that as little damage as possible is caused to the land and to the environment by reason of the exercise of the powers conferred by this section and shall pay fair and adequate compensation to the owner or occupier of the land for any damage or loss sustained by reason thereof. (5) Any dispute arising between an operator and the owner or occupier of any land with respect to the provisions of this section may be referred to the Tribunal for adjudication within thirty days of the dispute. 85A. Co-location (1) Co-location at sites and facilities may be done with prior agreement of licensees. (2) When no agreement on co-location is reached, the licensees may refer the issue to the Commission for a decision. (3) The Cabinet Secretary, in consultation with the Authority may make regulations with respect to infrastructure sharing. [Act No. 1 of 2009, s. 32, Act No. 41A of 2013, s. 34, Act No. 25 of 2015, Sch.] 86. Procedure for using public land (1) Where a telecommunication operator licensed by the Commission intends to enter any land under the control of a local authority or other public body, the telecommunication operator shall seek the consent of the local authority or public body, stating the nature and extent of the acts to be done. (2) The local authority or other public body may, upon request under subsection (1), permit the telecommunication operator to exercise any or all of the powers under section 85(2), subject to such conditions, including the payment of any fee for the use of the property, the time or mode of execution of any works, or for any other related activity undertaken by the telecommunication operator under the section as may be agreed between the telecommunication operator and the authority. (3) An operator dissatisfied with the terms or conditions imposed by the local authority under subsection (1), may apply to the Commission for the review of such terms or conditions. (4) A person aggrieved by the decision of the Commission under subsection (3) may appeal to the Tribunal within thirty days of such decision. 87. Compulsory purchase of land (1) Where, upon application by a telecommunication operator, the Commission considers that it is necessary land for the purpose of providing telecommunication 69