Rev. 2011]
Kenya Information and Communications
CAP. 411A
under the Act or Regulations, take into account the following factors-
[Subsidiary]
(a) any representation made to the Commission by or on behalf of a
person whom the Commission considers to have an interest in the
matter which is the subject of the representation; or
(b) a complaint by any customer of the licensee or a member of the
public to the Commission in relating to the services provided by
a licensee; and
(c) the Commission’s necessary inquiries and appropriate measures to
be taken as the circumstances of the case may require.
(3) A licensee shall keep proper records in such manner as the Commission
may prescribe, and shall allow the Commission to access the records for purposes
of carrying out its mandate under the Act.
(4) The Commission may request a licensee to periodically submit
reports, statistics, data and any other information that it considers necessary.
(5) When making any request under paragraph (4), the Commission shall
ensure that it does not impose undue burden on the licensee in procuring and
furnishing such information.
(6) The Commission may from time to time publish compliance or
investigation reports in the Gazette, as is necessary.
9. (1) Where after an investigation by the Commission, on its own motion Compliance
or subsequent to a complaint made by a third party, the Commission is satisfied information.
that a licensee is contravening or has contravened any of the conditions of a
licence, the Commission shallnotify the licensee, in writing.
(2) The Commission shall, in the notification sent to a licensee under
paragraph (1), specify the acts or omissions which, in its opinion, constitute a
contravention of the conditions of the licence and require the licensee to remedy
the contravention within, unless otherwise specified by the Commission in
writing, a period of three months.
(3) A licensee shall, after remedying the contravention specified in the
notification, prove to the Commission that it has sustainably remedied of the
contravention.
(4) If a licensee fails, without reasonable cause, to remedy the
contravention referred to in paragraph (1) within the required period, the licensee
shall be liable to a penalty of five hundred thousand shillings and such penalty
shall be a debt owed to the Commission and recoverable summarily.
(3) Any licensee aggrieved by the decision of the Commission made under
these Regulations may appeal to the Tribunal within fifteen days of receipt of
notification by the Commission in that regard.
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