Information Communication Act of 2009

Section 11(1) provides that “no person shall advertise an internet gaming site that is operated contrary to any written law” and Section 11(2) provides that “no person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.” Although confusing, the wording of these sections does not allow illegal activity for ISPs, but rather introduces a "safe harbour" exception so that an ISP can continue operating even if there are adverts (of which it has knowledge or does not have knowledge) that are illegal. Also, section 11(3) states "For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Kenya or is primarily intended for Kenya residents."