IN EXERCISE of the powers conferred by sections 27, 38, 46K and 66 of the
Kenya Information and Communications Act, 1998, the Minister for Information
and Communications, in consultation with the Communications Commission of
Kenya, makes the following Regulations:—
THE KENYA INFORMATION AND COMMUNICATIONS (TARIFF)
REGULATIONS, 2010
1. Citation.
These Regulations may be cited as the Kenya Information and Communications
(Tariff) Regulations, 2010.
2. Interpretation.
In these Regulations, unless the context otherwise requires—
―information and communications technology service‖ means any transmission of
information by wire, radio waves, optical media, postal or other means between or
amongst points of user’s choice;
―just and reasonable tariffs‖ means tariffs that enable a licensee to maintain its
financial integrity, attract capital, operate efficiently and fully compensate
investors for risks borne;
―licensee‖ means a person licensed under the Act;
―promotion or special offer‖ means any information, whose content is controlled
directly or indirectly by a licensee, that is expressed in any language and
communicated through any medium with the intention of influencing the choice,
opinion or behaviour of consumers;
―tariff‖ means any charge, price, levy and underlying terms and conditions
imposed by a licensee for the services provided;
―regulated services‖ means a service offered or supplied by a licensee—
(a) in a market or market segment that is uncompetitive or
(b) where the licensee has been declared dominant in the relevant market or market
segment;