Rev. 2011]
Kenya Information and Communications
CAP. 411A
(3) The Commission may invite the complainant to file a reply to the
response within a specified time.
193
[Subsidiary]
6. (1) A complainant may, at any time before the dispute is heard, Withdrawal of
withdraw the letter or Memorandum of Complaint by notifying the Commission, dispute.
in writing.
(2) The Commission shall, where a complainant withdraws a letter or
Memorandum of Complaint make such orders relating to costs as it considers
fit.
7. (1) The Commission may, for the purpose of resolving a dispute, hold Hearing of disputes.
such hearings, inquiries and investigations, as it may consider appropriate.
(2) The Commission shall not place undue regard on technicalities
or rules of procedure and may waive any such rule or requirement when it
considers it appropriate.
(3) The parties to a dispute shall set the date for the hearing of a dispute
within fifteen days from the date of the filing of the last response or any reply
to the response.
(4) Save where the parties otherwise agree, each party shall be entitled
to not less than seven days notice of the time, date and place fixed for the
hearing of the dispute.
(5) The Commission may determine a dispute on the basis of the
documents filed by the parties or oral evidence given before it.
(6) Where the Commission considers it necessary or expedient, it may
direct the parties to file written submissions upon such terms as the Commission
considers fit.
(7) Where in the course of resolving a dispute a matter arises that in
the opinion of the Commission requires certain expertise or competence, the
Commission may call upon any person who possesses the expertise to sit with
the Commission as an assessor.
(8) At the hearing, the complainant shall open its case by stating the
grounds of the complaint and may support it by relevant evidence.
(9) A party to a dispute shall, unless the party has the consent of the
Commission, not rely on any grounds other than a grounds stated in the letter
or Memorandum of Complaint or adduce additional facts or documents that
were not referred to in the letter or memorandum of complaint or copies of the
documents were not annexed to the letter or Memorandum of Complaint.
(10) The complainant shall close its case by making oral or written
submissions and at the close of the complainant’s case, the party against whom
a complaint has been made may make submissions supported by relevant
evidence.