136
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
the public by displaying them in conspicuous places in post offices or in the
offices of licensees.
(3) It shall be an offence under this regulation not to display tariffs for
postal services at all or in a conspicuous place.
Tariffs for reserved
postal services.
80. (1) Tariffs applicable to reserved postal services and the standard of
delivery of such services shall be determined by the Commission from time
to time.
(2) Any review of tariffs relating to reserved postal services shall be
implemented upon approval by the Commission.
(3) In considering review of tariffs for reserved postal services, the
Commission shall ensure that the tariffs are based on the cost of providing
efficient service in accordance with the licence and shall further ensure that
such tariffs do not include—
(a) surcharges prevailing solely as a result of the public postal
licensee’s exclusive right to provide reserved postal services;
(b) anti-competition discounts likely to be prejudicial to licensees for
unreserved postal services;
(c) variation in rates that create any advantage for individual users
within the same class of service in relation to users of postal services
of the same type; and
(d) any other consideration as the Commission may deem
necessary:
Provided that the Commission may authorise the levying of tariffs that
are not based on costs of providing such service where the public postal licensee
presents a case to the Commission that such charges are justifiable due to any
statutory obligation or other objectively verifiable criteria.
(4) The Commission shall, at least thirty (30) days before approving
any tariffs, give notice to customers in the Gazette and in such manner as the
Commission may consider necessary—
(a) specifying the name and particulars of the licensee or class of
licensees providing the postal service to which the tariffs relate;
(b) stating the reasons for the proposed review of the tariffs and setting
out the proposed tariffs;
(c) specifying the time within which representations or objections may
be made to the Commission on the proposed reviews;
(d) informing the customers of the new tariffs at least fourteen (14)
days before implementation.