[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.
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