No. 41A
1120A
Kenya Information and Communications (Amendment) 2013
section 84S of No.2
of 1998.
(a) in paragraph (a), by deleting the words "which
unfairly excludes or limits competition between
such operators and any other party";
(b) by deleting paragraph (c) and substituting
therefor the following new paragraph—
"(c) the effectuation of any anti-competitive
conduct in the communications sector".
Amendment of
section 84T of No.2
of 1998.
32. Section 84T (6) of the principal Act is amended
by —
(a) deleting the words "is competing unfairly" and
substituting therefor the words "has engaged in
anti-competitive conduct";
(b) deleting paragraph (b) and substituting therefor
the following new paragraph—
"(b) require the licensee to pay a fine not
exceeding the equivalent of ten percent of the
annual gross turnover of the preceding year,
for each financial year that the breach
persists";
(c) inserting the word "or" immediately after the
word "void";
(d) inserting the following new paragraph
immediately after paragraph (c) as follows—
"(d) impose any other lawful remedial
measure to redress this offence".
Amendment of
section 84W of No.2
of 1998.
33. Section 84W of the principal Act is amended—
(a) in the first subsection (2) by deleting paragraph
(g) and substituting therefor the following new
paragraph—
"(g) account separation";