The Kenya Information and Communications Act, 1998 (The Act) provided the framework for regulating the communications sector in Kenya. Following the promulgation of the Constitution in 2010, various pre-existing laws of Kenya were subjected to review to align them to the new constitutional requirements. The Kenya Information and Communications Act, 1998 was one such law and it was therefore amended to align with Articles 33 and 34 of the Constitution which provide for freedom of expression and freedom of the media respectively. The Constitution provided for the enactment of legislation in order to establish a regulatory body that is independent of political, commercial or government interests. The revisions are provided for in the Kenya Information and Communications (Amendment) Act, 2013.
Enacted by Parliament in 1998, the Act was a deliberate attempt by the August House to give legislative teeth to the Postal and Telecommunications Sector Policy Statement (the Policy Statement), which had been issued by the then Ministry of Transport and Communications in January 1997. The Government of Kenya revised the Policy Statement in 1999, and again in March 2006.
The Act is expounded and implemented through a set of Regulations. All the sector legislation, policies and regulations are entrenched in the Kenya Constitution 2010.