Rev. 2011]
Kenya Information and Communications
CAP. 411A
THE KENYA INFORMATION AND COMMUNICATIONS
(DISPUTE RESOLUTION) REGULATIONS, 2010
[Subsidiary]
L.N. 26 /2010.
1. These Regulations may be cited as the Kenya Information and Citation.
Communications (Dispute Resolution) Regulations, 2010.
2. In these Regulations, unless the context otherwise requires—
Interpretation.
“consumer” any person who uses communication services or products
offered by a licensee;
“dispute” means any matter that is in contention between a licensee and
another, a consumer and a licensee, where one or both parties is aggrieved by the
conduct of the other and the parties have failed to reach an amicable resolution
after due effort has been made;
“licensee” means any person who has been licensed under the Act;
3. The Commission shall have power to resolve disputes between-
Powers of the
Commission.
(a) a consumer and a service provider;
(b) a service provider and another service provider; or
(c) any other persons as may be prescribed under the Act.
(3) The Commission may, for the purpose of resolving any dispute hold
hearings, inquiries and investigations, it considers appropriate in the discharge
of its functions under the Act.
(4) The Commission shall not emphasize on technicalities or rules of
procedure in resolving disputes filed under these regulations and may waive
any rule or requirement where necessary.
4. (1) A party to a dispute may, within sixty days of the occurrence Initiation of
of a dispute, notify the Commission and any adverse party of the dispute, in Proceedings.
writing.
Provided that where a notification is made orally or in any other
form, the Commission may reduce the notification in writing and the Kenya
Subsidiary Legislation, 2010 40 notification shall, if signed or attested by the
complainant, be considered to be a written notification for the purposes of
these Regulations.
(2) The Commission shall not seek to resolve a dispute under these
Regulations unless it has been notified of the dispute in writing and has been
requested by either of the party or both parties to intervene.
(3) A party shall notify the Commission of a dispute under paragraph
(1) by the presenting to the Commission a letter or Memorandum of Complaint
together with the prescribed fees.
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