Deleted by 1 of 2009 s.9

26.  (1) Where, on its own motion or consequent upon complaints made by third parties, the Commission -

(a) is satisfied that a telecommunication operator is contravening or has contravened any of the conditions of a licence and that the contravention or apparent contravention is not of a trivial nature;

(b) notifies the telecommunication operator, in writing, specifying the acts or omissions which, in its opinion, constitute or would constitute contravention of the conditions of the licence;

(c) requires the telecommunication operator to remedy the contravention within such period as the Commission may specify in the notice;

then, if the telecommunication operator fails to remedy the contravention within that period without reasonable cause, such telecommunication operator shall be liable to a penalty of five hundred thousand shillings for every month or part thereof during which the contravention continues, and such penalty shall be a debt owed to the Commission and recoverable summarily.

(2) Notwithstanding the provisions of subsection (1), any telecommunications operator aggrieved by the decision of the Commission under this section may appeal to the Tribunal within fifteen days of the receipt by him of the notification thereof by the Commission.