ADVOKS GLOBAL · KENYA
Kenya Information and Communications Act
27A. Duties of telecommunications operators
Edition: 2022-12-31 · In force
27A. Duties of telecommunications operators
(1)Before a telecommunications operator sells a SIM- card or otherwise provides telecommunication services to a person, it shall obtain—(a)from natural persons, the person's full name, identity card number, date of birth, gender, physical and postal address;(b)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(c)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.