No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
“vesting day” means the day specified by the Minister for Finance under
paragraph 5 of this Schedule.
2. Licenses granted former Corporation
Notwithstanding the repeal of the Kenya Posts and Telecommunications Act,
all licences granted by the former Corporation shall be deemed to be granted by
the Commission under the corresponding provisions of this Act and shall remain in
force until they are revoked in accordance with any terms in that regard set out in
the licence and replaced by licences granted under this Act.
3. Winding-up of former Corporation
The Board of Directors of the former Corporation shall remain in office for the
purpose of windingup the affairs of the former Corporation:
Provided that the Minister may by notice in the Gazette dissolve the Board of
Directors referred to in this subsection upon the completion of the winding up of
the affairs of the former Corporation.
4. Cessation of exclusive privilege
The exclusive privilege conferred upon the former Corporation by the Kenya
Posts and Telecommunications Corporation Act (Cap. 411) (now repealed) with
respect to providing—
(a) telephone services and constructing, maintaining and operating
telephone apparatus conferred on the former Corporation by section
59(1); and
(b) telegraph services and of constructing, maintaining and operating
telephone apparatus conferred on the former Corporation by section
70,
shall lapse upon the commencement of this provision.
5. Transfer of assets and liabilities of the former Corporation
(1) The Minister for Finance may by notice in the Gazette, specify the date or
dates and the manner in which the assets and liabilities of the former Corporation
shall be transferred to and vested in—
(a) the Commission, in respect of assets and liabilities relating to
regulatory services;
(b) the Company, in respect of assets and liabilities relating to
telecommunication services; and
(c) the Corporation, in respect of assets and liabilities relating to postal
services.
(2) References in this Schedule to assets and liabilities of the former
Corporation shall be references to all such assets and liabilities, whether or not
capable of being transferred or assigned by the former Corporation.
(3) A notice under subsection (1) shall specify the assets and liabilities of the
former Corporation which are to be transferred to the Commission, the Company,
or the Corporation, as the case may be.
(4) If, on the vesting day, any suit, appeal, arbitration or other proceedings of
whatever nature and wheresoever instituted in relation to the business of the former
Corporation which is by virtue of this section, transferred to the Commission,
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