Information and Communications (electronic Certification and Domain Name Administration) Regulations

(1) Section 24-25 establishes the requirement of license to operate or provide telecommunication systems and services;  under the Unified Licencing Framework (ULF) operated by the Communication Commission of Kenya (CCK), there are 3 categories of  internet intermediaries, which need to be licensed: (i) Network Facilities Provider (NFP), owning and operating any form of communications infrastructure (based on satellite, terrestrial, mobile or fixed); (ii) Applications Service Provider (ASP), providing all forms of services to end users using the network services of a facilities provider; (iii) Contents Services Provider (CSP), providing contents services such as broadcast (TV& Radio) material, and other information services and data processing services, etc.

(2) Section 27 empowers the Miniter in charge of communications to make rules in consultation with the CCK pertaining to the telecommunications system, thus the minister may introduce new obligation for intermediaries;

(2) Section 29 prohibits improper use of a system by sending a message or other matter that is false offensive, indecent, obscene or menacing character; 

(3) Section 30 prohibits the intentional modification or interference with the contents of a message sent by means of a telecommunication system, by persons licensed to run a telecommunication system;

(4) Section 31 prohibits licensed operators from intercepting and/or disclosing the contents of a message sent through the system;  

(5) Section 46(I) lists the responsibilities of broadcasters including to respect the rights to privacy of individuals and to respect the copyrights or any neighbouring right to any work or material; 

(6) Section 84(D) prohibits the publishing or transmitting of obscene information in electronic form; and 

(7) Section 93 provides general restrictions on disclosure of information.