3.

CONFORMITY WITH THE LAW

This Determination is guided by the results of the Review of the 2006 Network Cost
Study conducted by the Communications Commission of Kenya through M/S Analysys
Mason, a UK based independent consultancy firm, between the months of March 2010
and July 2010. The Determination is in accordance with Sections 23 (2) (a), (b) & (c)
and 25 (3) (b) of the Act and the Kenya Information and Communications
(Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010
respectively.

Section 23 (2) of the Act obliges the Commission to protect the interests of all users of
telecommunication services in Kenya with respect to the prices charged for and the
quality and variety of such services provided; maintain and promote effective
competition between persons engaged in commercial activities connected with
telecommunication services in Kenya in order to ensure efficiency and economy in the
provision of such services; promote research and development in relation thereto;
encourage private investment in the telecommunication sector; promote the provision of
international transit services by persons providing telecommunication services in Kenya;
and

enable

persons

providing

telecommunication

services

or

producing

telecommunication apparatus in Kenya to compete effectively in the provision of such
services or apparatus outside Kenya.

Regulation 12 of the Kenya Information and Communications (Interconnection and
Provision of Fixed Links, Access and Facilities) Regulations, 2010 provides the basis for
interconnection charging structure and the principles to be followed.

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