No. 3
Electronic and Postal Communications
2010
53
Register of
authorisations
67. The Authority shall maintain a register of current
authorisations of a conduct under this section in accordance with
provisions of this Act.
Remedies
for noncompliance
68.(1) The Authority or a person may seek an interim or
interlocutory injunction against any conduct prohibited in this
section.
(2) A person shall obtain a certificate from the Authority
for leave to proceed to the court for enforcement of the provisions of
this section except in the case of an injunction.
Penalty for
offences
69. A person who contravenes any prohibition under this
Part commits an offence and shall, on conviction, be liable to a fine
not less than five hundred thousand shillings or to imprisonment for
a term not less than five years or to both and shall be liable to a
further fine of one thousand shillings for every day or part of a day
during which the offence continues.
(c) Regulatory for-bearance
Regulatory
forbearance
70.(1) The Authority may forbear from applying to a
licensee or a class of licensees, in any of its geographic markets, any
provision of sub-part (b) and any regulation, declaration, guideline
or other rule issued, if the Authority reasonably considers, after
consultation with the Minister, that(a) application of such provision, regulation, guideline or
rule is not necessary for(i)
the protection of consumers; or
(ii) the promotion of competition amongst
licensees; and
(b) forbearance from applying such provision, regulation,
guideline or rule is consistent with the provisions of
this Act.
(2) Where, pursuant to the provision of sub-section (1), if
the Authority decides to forbear from applying any provision,
regulation, guideline or rule, it shall, without undue delay, publish a