Section 10, The Payment Systems Act, 2009

(1) Subject to subsection (3), no person other than– (a) an operator of or participant in a designated system or the Central Bank system; or (b) a person introduced by a participant pursuant to the criteria stipulated in paragraphs (d) and (i) of subsection (3) of section 2 , shall, as a regular feature of his business, accept a transfer instruction from any other person for the purpose of making a transfer on behalf of that other person to a third party to whom the transfer is due. (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million leones or to imprisonment for a term not exceeding one year or to both the fine and imprisonment. 14 15 Directions to participants in designated Prohibition against operation undesignated systems. Prohibition of acceptance of transfer instructions. (3) Subsection (1) shall not apply to– (a) the Post Office Savings Bank; (b) a person acting as the duly appointed agent of the person to whom the payment is due; (c) the transmission of money or transfer of instructions between companies which are members of the same group of companies; or (d) any person exempted by the Central Bank pursuant to subsection (4); (4) The Central Bank may by notice in the Gazette exempt any person or class of persons from the provisions of subsection (1), if the Bank is satisfied that such an exemption will be in the public interest and will not cause undue risk to any designated system. (5) For the purposes of paragraph (c) of subsection (3), “group of companies” means companies or other bodies corporate that are related to each other as holding company and subsidiary, or as subsidiaries of the same holding company.