Rev. 2011]
Kenya Information and Communications
CAP. 411A
the Commission may, after having given such licensee an opportunity to be
heard, direct the licensee through a written notice to cease or refrain from taking
such action, as the case may be.
133
[Subsidiary]
(3) Failure to comply with a order of the Commission issued under this
regulation shall constitute an offence.
72. (1) If the Commission is satisfied that an applicant has fulfilled all the Licence fees.
conditions for granting a licence and upon payment to the Commission of the
prescribed fees, the Commission shall issue such an applicant with a licence.
(2) Every postal licensee shall, within the prescribed time, pay the
Commission the fees specified in the licence and any licensee who fails to
pay such fees shall be liable to pay such penalties as the Commission may
prescribe.
73. All postal licences issued under the Act shall be valid for the Licence terms.
period stated in the licence or for such period as may be determined by the
Commission.
74. (1) Pursuant to section 82 of the Act, the Commission may, modify Licence modification
the conditions of any licence if it considers such modification necessary—
and renewal.
(a) to achieve the objectives of the Act;
(b) in the public interest;
(c) in the best and justified interests of the licensees; and
(d) in order to ensure fair competition and equal treatment.
(2) Where the Commission intends to modify all or any condition of a
postal licence, the Commission shall publish a notice in the Gazette stating the
reasons for the intended modification and giving not less than sixty days period
for the licensee or other interested parties to make any written representation
regarding the intended modification.
(3) The Commission shall give due consideration to any representations
made by the licensee.
(4) Where the modification of a licence condition is at the instance of the
Commission and such modification is likely to cause undue harm to the licensee,
the Commission may grant such licensee a reasonable period to comply with
the modification terms of the licence.
(5) The Commission may, if it considers appropriate to do so in
furtherance of the objectives of the Act, modify the terms of a postal licence
on application of a postal licensee:
Provided that where such modification is at the request of a postal
licensee, such licensee shall meet the costs of the modification.