17. (1) A person who uses automated calling systems without human intervention, facsimile machines or electronic mail for purposes of direct marketing without the prior consent of the subscriber commits an offence.
(2) A person who sends electronic mail for purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, or without a valid address to which the recipient may send a request that the communications cease commits an offence.
(4) All automated direct-marketing schemes to be used in Kenya shall be based on an opt-in principle, in which potential subscribers shall be accorded the opportunity to accept or reject inclusion in a marketer’s mailing list.
b) That Clause 9. (1) of The Kenya Information and Communications (Registration of Subscribers of Telecommunication Services) Regulations, 2012 states as follows:
“A licensee shall not disclose the registration particulars of a subscriber to any person without the written consent of the subscriber”.