No. 2 of 1998 (b) (c) Kenya Information and Communications [Rev. 2018] from corporate persons or statutory bodies, official name, postal and physical address, particulars of registration, incorporation, enabling legislation or gazette notice, as the case may be; and such other information as may be prescribed from time to time. (2) A telecommunication operator shall ensure that— (a) existing subscribers register their SIM-cards within such time period as may be prescribed; (b) proper physical or electronic records are kept of the information referred to in subsection (1) and any change in such information; (c) the registration details of a subscriber are kept in a secure and confidential manner, and shall not be disclosed without the written consent of the subscriber. (3) Notwithstanding the provisions of subsection (2)(c), a telecommunications operator may disclose the registration particulars of a subscriber— (a) for the purpose of facilitating the performance of any statutory functions of the Authority; (b) in connection with the investigation of any criminal offence or for the purpose of any criminal proceedings; or (c) for the purpose of any civil proceedings under the Act. (3A) Subject to subsection (3B), a telecommunication operator shall, before levying or allowing to be levied, any specific charge relating to a premium rate service provided to a subscriber, disclose the fact, amount, and frequency of the charge to the subscriber. (3B) Subsection (3A) shall not apply to services rendered by a telecommunications operator on behalf of a public body. (4) Any telecommunications operator who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five million shillings. [Act No. 41A of 2013, s. 12, Act No. 11 of 2017, Sch.] 27B. Registration by agents (1) A telecommunications operator may contract or otherwise engage a registration agent for purposes of registering existing or new subscribers. (2) A registration agent shall— (a) ensure that proper registration of the subscriber is conducted prior to the selling of a SIM-card; (b) provide all records of registration to the telecommunications operator within such time after registration as may be prescribed; (c) ensure that the registration details of a subscriber are kept in a secure and confidential manner and are not disclosed to any other person. (2) A telecommunications operator shall keep a record of its registration agents and such record shall be made available to the Authority at such time and in such manner as may be prescribed. (3) A registration agent shall not hawk SIM-cards and shall ensure that they are sold and registered in a formal retail outlet. 28

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