IN EXERCISE of the powers conferred by sections 84R and 84W of the Kenya
Communications Act, the Minister for Information and Communication in
consultation with the Communications Commission of Kenya makes the following
Regulations:—
THE KENYA INFORMATION AND COMMUNICATIONS (FAIR
COMPETITION AND EQUALITY OF TREATMENT) REGULATIONS,
2010
1. Citation
These Regulations may be cited as the Kenya Information and Communications
(Fair Competition and Equality of Treatment) Regulations, 2010.
2. Interpretation.
In these Regulations unless the context otherwise requires—
“communications services” means all services provided for under the Act;
“licensee” means a person licensed under the Act;
“service agreement” means any agreement between a licensee and a subscriber
relating to provision and use of a telecommunications service;
“subscriber” means a person who has entered into a service agreement with a
licensee and who is responsible for payment of all charges and rentals.
3. Purpose and object.
(1) The purpose of these Regulations is to—
(a) provide a regulatory framework for the promotion of fair competition and equal
treatment in the communications sector; and
(b) protect against the abuse of market power or other anticompetitive practices
within the communications sector.
(2) Without prejudice to the generality of paragraph (1), these Regulations seek
to—
(a) provide for the standards and procedures to be applied by the Commission in
determining whether particular conduct is anti-competitive;