206

CAP. 411A

Kenya Information and Communications

[Rev. 2011

[Subsidiary]
(c) may enlist and rely on the assistance of law enforcement agencies
and other relevant departments, ministries and Government of
Kenya and international agencies, as provided in the Act; and
(d) may appoint a person to inquire into and report to the Commission
on any matter pending before it and upon the receipt of a report
the Commission may—
(i) give directions on the procedures for conducting such inquiries
;and
(ii) the person or persons appointed to carry out such inquiries shall
submit a report to the Commission in the form and manner as
the Commission may direct.
Commencement of
the processes for
monitoring and
enforcement.

6. (1) The Commission shall exercise its powers under these
Regulations—
(a) on its own initiative; or
(b) in response to a complaint made by a person or on behalf of a
person whom the Commission considers to have an interest in the
matter which is the subject of representation.

Licensees duty to
prepare, submit and
maintain reports.

7. (1) Every licensee shall, after every quarter and at the end of its
financial year, prepare and submit to the Commission in the prescribed form,
an annual report of its operations.
(2) Every licensee shall prepare and submit to the Commission a quarterly
report of its operations and the extent to which the conditions of their licence
have been adhered to.
(3) A licensee may request the Commission to treat any information
contained in a report presented to the Commission under these Regulations
as confidential business information that may not be disclosed to third parties
other than government agencies.

Investigations by the
Commission.

8. (1) The Commission may commence investigations on a licensee’s
compliance where it has reasonable cause to believe that a licensee has failed
to comply—
(a) with the construction, installation or service provision requirements
issued by the Commission; or
(b) has contravened any condition of the licence issued by the
Commission; or
(c) with any of the performance obligations under the Act, Regulations
or its licence conditions.
(2) The Commission, shall in carrying out investigations on any matter

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