No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
make the proposed modification and shall inform the telecommunication operator
in writing of the said modification and the reasons therefor.
(5) A licensee aggrieved by the decision of the Commission under this section
may appeal to the Tribunal within fifteen days from the date of receipt of the
notice under subsection (2) and the Tribunal may stay the modification pending its
decision on the appeal.
(6) The Tribunal shall, within fifteen days of every decision of an appeal under
this section, cause the decision and the reasons therefor to be published in the
Gazette.
[Act No. 1 of 2009, s. 29.]
83. Register of licences
(1) The Commission shall maintain separate registers for the various licences
issued under this Act and shall enter therein, in respect of every licence, such
particulars as may be prescribed.
(2) Any person may, during working hours and on payment of the prescribed
fee, inspect any register of licenses:
Provided that a person who is—
(a) a member of the police force or a public officer acting in the course
of duty; or
(b) authorised in writing by the Board,
may inspect the register without payment of any fee.
83A. Enforcement of licence conditions
(1) Where, on its own motion or consequent upon a complaint made by any
person, the Commission—
(a) is satisfied that a licensee is contravening or has contravened the Act,
or any other written law or any of the conditions of that licence;
(b) notifies the licensee in writing, specifying the acts or omissions which,
in its opinion, constitute or would constitute contravention of the Act
or the licence;
(c) requires the licensee to remedy the contravention within such period
as the Commission may specify in the notice,
then if the licensee fails to remedy the contravention within the prescribed period
without reasonable cause, such a licensee shall be liable to a penalty of five
hundred thousand shillings up to a maximum of zero decimal two per centum of
the annual gross turnover of the offending licensee in the preceding year for every
year or part thereof in which the offence is continuing and such penalty shall be a
debt owed to the Commission and recoverable summarily.
(2) Notwithstanding the provisions of subsection (1), any licensee aggrieved by
a decision of the Commission under this section may appeal to the tribunal within
fifteen days of receipt of the notification thereof by the Commission.
[Act No. 1 of 2009, s. 30, Act No. 41A of 2013, s. 22.]
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