[Rev. 2018] Kenya Information and Communications No. 2 of 1998 84L. Repealed by Act No. 41A of 2013, s. 29. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 29 ] 84M. Repealed by Act No. 41A of 2013, s. 29. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 29.] 84N. Repealed by Act No. 41A of 2013, s. 29. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 29.] 84O. Fund’s annual returns and audit The Board shall comply with the Public Audit Act as regards the operations of the Fund. [Act No. 1 of 2009, s. 31.] 84P. Regulations with respect to the Fund The Minister may, in consultation with the Commission, make regulations generally with respect to the administration of the Fund and without prejudice to the generality of the foregoing, with respect to— (a) amount of levy; (b) operations of the Fund; (c) mechanisms for accessing the Fund; (d) mechanisms for collection of the levy; or (e) prescribing anything that may be prescribed under this Part. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 30.] PART VIC – FAIR COMPETITION AND EQUAL TREATMENT 84Q. General prohibition on anti-competitive conduct A licensee under this Act shall not engage in activities, which have or are intended to or likely to have the effect of unfairly preventing, restricting or distorting competition where such act or omission is done in the course of, as a result of or in connection with any business activity relating to licensed services. [Act No. 1 of 2009, s. 31.] 84R. Commission to ensure fair competition (1) The Commission shall ensure that there is fair competition in the sector and in this regard may make a determination in the licensed system and services. (2) Without prejudice to the generality of the foregoing the Commission shall in the performance of its functions under this Act, promote, develop and enforce fair competition and equality of treatment among licensees. (3) The Minister may, in consultation with the Commission, make regulations for the better carrying out of the provisions under this Part. [Act No. 1 of 2009, s. 31.] 84S. Anti- competitive conduct (1) The Commission may, on its own motion or upon complaint, investigate any licensee whom it has reason to believe or is alleged to have committed any act or omission, or to have engaged in a practice, in breach of fair competition or equal access. (2) Without limiting the generality of subsection (1) an act or omission shall include— 65

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