[Rev. 2018] (b) (c) (d) Kenya Information and Communications No. 2 of 1998 require the licensee to pay a fine not exceeding the equivalent of ten percent of the annual gross turnover of the preceding year, for each financial year that the breach persists; declare any anti-competitive agreement or contracts null and void; or impose any other lawful remedial measure to redress this offence. (7) The provisions of subsection (6) shall not in any way affect the right of any person to make and sustain any claim under any law in force in Kenya for the act or omission which constitutes an offence under this Act or from being liable under that other written law to any punishment or penalty higher than that prescribed under this Act. (8) Any person aggrieved by the decision of the Commission under this section may appeal to the Tribunal. (9) The provisions of this section, shall not limit or in any way affect the obligations of a licensee under any condition of a licence. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 32.] 84U. Denial of access No licensee under this Act shall deny access or service to a customer except for delinquency of payment of dues or for any other just cause. [Act No. 1 of 2009, s. 31.] 84V. Anti-competitive practices and conduct A licensee shall provide equal opportunity for access to the same type and quality of service to all customers in a given area at substantially the same tariff limiting variations to available or appropriate technologies required to serve specific customers. [Act No. 1 of 2009, s. 31.] 84W. Regulations on competition issues (1) The Minister may in consultation with the Commission make regulations with respect to competition issues. (2) Without prejudice to the generality of the foregoing, the Minister in consultation with the Commission may make regulations with respect to— (a) access, including rules of interconnection, by licensees under this Act and their subscribers to each other’s network; (b) the procedure of handling alleged breaches of fair competition; (c) investigation of a licensee under this Act alleged to have committed acts or omissions in breach of fair competition; (d) access to information from any licensee with regard to facilitating investigations on alleged breaches of fair competition; (e) steps to be taken in order to remedy the breach; (f) definition of market segments; (g) account separation. (3) A dominant telecommunications service provider shall file tariffs, rates, terms, and conditions of interconnection with the Commission. (4) The Commission may, in consultation with the Competition Authority and after due process declare a person or institution, by notice in the Gazette, to be a "dominant telecommunications Service provider" for the purposes of this Act. 67

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