|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|84T. Complaints and investigation by the Commission.|
|Modification of conditions of licence.||National Communication Secretariat.|
|Complaints and investigation by the Commission. 1 of 2009||
84T. (1) The Commission may, on its own motion, investigate any licensee who commits any act or omission in breach of fair competition.
(2) Any person having a complaint of a breach of fair competition against a licensee shall lodge a complaint to the Commission and the Commission shall, if it appears that a breach of fair competition has been or is being committed, investigate the act and omission and give written notice to the licensee stating-
(a) that the Commission is investigating a possible breach of fair competition;
(b) the reasons for the suspicion of a contravention or breach, including any matter of facts or law which are relevant to the investigation;
(c) further information required from the licensee in order to complete the investigations; and
(d) where appropriate, the steps to be taken in order to remedy breach.
(3) The licensee issued with a notice under sub-section (2) may, within thirty days from the date of the notice, make representations in response to the notice and give to the Commission all information required under the notice.
(4) Any person affected by the contravention or breach of fair competition may similarly make representation to the Commission in relation thereto.
(5) The Commission shall, after considering any representations of the licensee or any other person fix a date on which to make a decision on the matter.
(6) Where the Commission makes a decision that a licensee is competing unfairly, the Commission may —
(a) order the licensee to stop the unfair competition;
(b) require the licensee to pay a fine not exceeding the equivalent of ten percent of the annual turnover of the licensee for each financial year that the breach lasted upto a maximum of three years;
(c) declare any anti-competitive agreement or contracts null and void.
(7) The provisions of subsection (6) shall not in any way affect the right of any person to make and sustain any claim under any law in force in Kenya for the act or omission which constitutes an offence under this Act or from being liable under that other written law to any punishment or penalty higher than that prescribed under this Act.
(8) Any person aggrieved by the decision of the Commission under this section may appeal to the Tribunal.
(9) The provisions of this section, shall not limit or in any way affect the obligations of a licensee under any condition of a licence.