Rev. 2011]
Kenya Information and Communications
CAP. 411A
81
in response to the notice and give to the Commission all information
required under the notice.
(4) Any person affected by the contravention or breach of fair
competition may similarly make representation to the Commission in
relation thereto.
(5) The Commission shall, after considering any representations of
the licensee or any other person fix a date on which to make a decision
on the matter.
(6) Where the Commission makes a decision that a licensee is
competing unfairly, the Commission may—
(a) order the licensee to stop the unfair competition;
(b) require the licensee to pay a fine not exceeding the equivalent
of ten percent of the annual turnover of the licensee for
each financial year that the breach lasted upto a maximum
of three years;
(c) declare any anti-competitive agreement or contracts null
and void.
(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.
84U. No licensee under this Act shall deny access or service to a Denial of access.
customer except for delinquency of payment of dues or for any other 1 of 2009, s. 31.
just cause.
84V. 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.
Anti-competitive
practices and
conduct.
1 of 2009, s.31.
84W. (1) The Minister may in consultation with the Commission Regulations on
competition issues.
make regulations with respect to competition issues.
1 of 2009, s.31.