ADVOKS GLOBAL · KENYA
Kenya Information and Communications Act
83A. Enforcement of licence conditions
Edition: 2022-12-31 · In force
83A. Enforcement of licence conditions
(1)Where, on its own motion or consequent upon a complaint made by any person, the Commission—(a)is satisfied that a licensee is contravening or has contravened the Act, or any other written law or any of the conditions of that licence;(b)notifies the licensee in writing, specifying the acts or omissions which, in its opinion constitute or would constitute contravention of the Act or the licence;(c)requires the licensee to remedy the contravention within such period as the Commission may specify in the notice,then if the licensee fails to remedy the contravention within the prescribed period without reasonable cause, such a licensee shall be liable to a penalty of five hundred thousand shillings up to a maximum of zero decimal two per centum of the annual gross turnover of the offending licensee in the preceding year for every year or part thereof in which the offence is continuing and such penalty shall be debt owed to the Commission and recoverable summarily.(2)Notwithstanding the provisions of subsection (1), any licensee aggrieved by a decision of the Commission under this section may appeal to the tribunal within fifteen days of receipt of the notification thereof by the Commission.