1121A

2013	Kenya Information and Communications (Amendment)

	

No. 41A

(b) in subsection (4) by—
(1) deleting the words "twenty five percent of
the gross turnover of the entire
telecommunications market" appearing in
paragraph (a) and substituting therefor the
words "fifty percentum of the relevant gross
market segment";
(ii) deleting paragraphs (b), (c) and (d) and
substituting therefor the following new
paragraphs—
"(b) significant market power enjoyed
by the telecommunications service
provider; and
(c) any other consideration the Authority
may determine".
34. Section 85A of the principal Act is amended by
inserting the following new subsection immediately after
subsection (2)—

Amendment of
section 85A of No.2
of 1998.

"(3) The Authority may make regulations with
respect to infrastructure sharing".
35. Section 90 of the principal Act is amended in
subsection (4) by deleting the words "subsection (3) and
substituting therefor the words "subsection (2).
36. The principal Act is amended by repealing section
93 and replacing it with the following new section-

Amendment of
section 90 of No.2 of
1998,
Repeal and
replacement of
section 93 of No.2 of
1998.

	
Access to
information.

93. Access to information and restrictions
on disclosure of information held by the
Authority shall be implemented pursuant to
Article 35 of the Constitution.

37. The principal Act is amended by deleting section
102 and substituting therefor following new section—

Repeal and
replacement of
section 102 of No. 2
of 1998.

Select target paragraph3