No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
what requirements, if any, the undertaker or the railway operator shall comply with
in executing any such work and any such decision shall be final.
(7) The Commission may, by notice in the Gazette, specify general
requirements to be observed by any undertaker or railway operator when erecting,
placing or altering the position of any electric supply line, and in any such notice
the Commission may provide that it shall not be necessary—
(a) for any undertaker or railway operator effecting any specified class of
work; or
(b) for any specified class of undertaker or railway operator,
to give to the telecommunication operator, or the public postal licensee notice
referred to in subsection (1) if, in effecting any work, any such undertaker or railway
operator proposes to comply with such general requirements.
95. Structures likely to interfere with telecommunication or postal services
Where any person erects any building or structure which is likely to cause
interference with the telecommunication, or radio communication or postal
services, the telecommunication operator or, as the case may be, the public postal
licensee may, unless such person has previously obtained the approval in writing
of such operator or licensee to the erection of such building or structure or has
modified it to the satisfaction of the said operator or licensee, require such person to
pay to the said operator or the licensee the amount of any expenditure necessarily
incurred by him in the removal of any installation, apparatus or equipment in order
not to interfere with telecommunication, radio communication or postal services.
96. Offences by companies
(1) Where any offence under this Act has been committed by a company or
body corporate, every person who at the time of the commission of the offence
was a director, general manager, company secretary or other similar officer of
such company or body corporate, or was purporting to act in any such capacity,
shall be deemed also to be guilty of that offence, unless he proves that the
offence was committed without his consent or connivance and that he exercised
all such diligence to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that capacity and to all
the circumstances.
(2) Where a person is convicted of an offence under this Act in relation to the
unlawful use of any telecommunication system or radio communication apparatus,
or to the use of any apparatus or property for the purpose of interfering with
any telecommunication, radio communication or postal services, the court may, in
addition to any other penalty, order all or any of the apparatus or property with
which the offence was committed to be forfeited to the Commission.
(3) Where the affairs of the company or body corporate are managed by its
members, subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director of that
company or body corporate.
97. Property of the Commission in the custody of employees
(1) Where any employee of the Commission dies or leaves property of the
service of the Commission and at the time of such death or termination of service
any premises of the Commission were occupied by him or any property of the
Commission was in his possession, it shall be the duty of such employee or, in
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