1136A No. 41A Amendment of No. 2 of 1998 by insertion of new sections 104 and 105. Kenya Information and Communications (Amendment) 2013 40. The principal Act is amended by inserting the following new sections immediately after section 103— Prosecutio n of offences. 104. (1) The Authority shall, pursuant to Article 157(12) of the Constitution, have the power to undertake prosecution of any offence under this Act. (2) An officer duly authorised in writing by the Authority may conduct a prosecution for any offence under this Act. Transition. Transitional provisions. 105. The transition provisions set out in the Sixth Schedule to this Act shall have effect with respect to the staff, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act. 41. (1) A person who was a member of the Board of the former body shall continue to hold office for a period not exceeding ninety days or until the appointment of the members of the Authority or Tribunal, whichever comes first. (2) On the commencement of this Act— (a) any person who was an employee of the former body immediately before the commencement of this Act shall be deemed to be an employee of the Authority or Tribunal on the same terms and conditions of service; (b) liabilities, rights, assets, property, all obligations, agreements, licences and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the former body, shall be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Authority or Tribunal to the same extent as they were enforceable by or against the former body before the commencement of the Act;