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Section 82 of The Kenya Information and Communications Act CAP 411A: Modification of conditions of licence

    

(1) Subject to the provisions of this Act, the Commission may, from time to time, modify any conditions attached to a licence under this Act.
(2) Subject to subsection (4), before making any modifications under this section, the Commission shall give notice in writing and by publication in the Gazette to the licensee -
(a) stating that it proposes to make the modification and setting out the effects of such modification;
(b) giving reasons for the modification; and
(c) specifying the time (not being less than sixty days from the date of publication of the notice) within which any written objections or representations may be made by the licensee or by any interested party with respect to the proposed modifications.
(3) The Commission shall cause every notice given under subsection (2) to be published in the Gazette.
(4) Notwithstanding the provisions of subsection (2), where a modification under this section is intended to remedy or prevent matters which operate or are likely to operate against the public interest, the Commission may proceed to make the proposed modification and shall inform the telecommunication operator in writing of the said modification and the reasons therefor.
(5) A licensee aggrieved by the decision of the Commission under this section may appeal to the Tribunal within fifteen days from the date of receipt of the notice under subsection (2) and the Tribunal may stay the modification pending its decision on the appeal.
(6) The Tribunal shall, within fifteen days of every decision of an appeal under this section, cause the decision and the reasons therefor to be published in the Gazette.

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