192
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
(4) The letter or Memorandum of Complaint shall set out concisely, the
grounds of complaint and the facts upon which the complaint is based on, and
shall be accompanied by documentary evidence supporting the complaint.
(5) The letter or Memorandum of Complaint shall be signed by the party
presenting it if the party is an individual, and where the party is a corporation,
by an agent or authorized officer of the corporation.
(6) The Commission shall acknowledge the receipt of a letter or
Memorandum of Complaint, in writing.
(7) The Commission may decline to accept a letter or Memorandum of
Complaint that—
(a) does not raise any issue, under the Act;
(b) does not conform to the provisions of the Act or directions given
by the Commission;
(c) is trivial, frivolous or vexatious;
(d) is defective or which is presented otherwise than in accordance with
these Regulations or the directions of the Commission; or
(e) has been filed with any other authority or body that has jurisdiction
to hear and determine the dispute.
(8) The Commission shall, before declining to accept a letter or
Memorandum of Complaint, give the complainant an opportunity to be
heard.
(9) The Commission shall not decline to resolve for the reason of
defects in the pleadings or in the presentation, without giving an opportunity
to the person filing the complaint to rectify the defects within the period the
Commission specified for that purpose.
(10) Where the Commission has declined to resolve a dispute, it shall
notify the parties to the dispute, in writing, stating the reasons for declining.
Response to the
Complaint.
5. (1) Where the Commission accepts to resolve a dispute, it shall,
within seven days of receiving a notification, notify the party against whom
the complaint was made and serve the party with the letter or Memorandum
of Complaint.
(2) The party against whom a complaint has been made shall, within
twenty-one days after being notified of dispute under paragraph (1), file with
the Commission and serve the complainant with, a response signed by that
party, or where the party is a corporation by agent or authorized official of the
corporation.