Rev. 2011]
Kenya Information and Communications
CAP. 411A
the emergency safety and assistance services and any other information as the
Commission may determine.
239
[Subsidiary]
(4) A licensee shall deliver to each subscriber within three months of the
commencement of the service, the commercial code of practice as approved
by the Commission.
(5) The commercial code of practice shall not replace or reduce any
benefit of price assurance provided to the subscriber by the subscriber service
contract; and shall—
(a) supplement the subscriber service contract and not reduce a
subscriber’s consumer rights; and
(b) be consistent with consumer protection laws.
14. (1) A licensee shall submit to the Commission, for approval, the Standard subscriber
standard subscriber service agreement applicable to each service it offers to service Agreements.
the public.
(2) Where a dispute arises between a consumer and a licensee on the
interpretation of the terms of a service agreement that had not been submitted to
the Commission for approval prior to the dispute or complaint and the dispute
is submitted to the Commission for resolution, the decision of the Commission
shall prevail over the provisions in the subscriber service agreement that had
not been approved by the Commission.
(3) For the avoidance of doubt, agreements entered into between terminal
equipment vendors and their customers through the sale of such equipment shall
be subject to these Regulations and shall be enforced by the Commission.
15. (1) Subject to the provisions of the Act or any other written law, a Confidentiality.
licensee shall not monitor, disclose or allow any person to monitor or disclose,
the content of any information of any subscriber transmitted through the
licensed systems by listening, tapping, storage, or other kinds of interception
or surveillance of communications and related data.
(2) A licensee shall, where applicable, establish mechanisms by which
customers may be able to—
(a) know that information is being collected about them through their
use of various telecommunications services and systems; and
(b) receive conspicuous notice that such information could be used, or
is intended to be used, without authorisation, by the entity collecting
the data for reasons unrelated to the original communications, or
that such information could be sold (or is intended to be sold) to
other companies or entities;
(3) Notwithstanding paragraph (2)(b), nothing in this regulation shall
be construed to mean that a licensee may sell or offer for free, to a third party,