Kenya: The Kenya Information and Communications (Dispute Resolution) Regulations, 2010

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The Kenyan Minister for Information and Communications, in consultation with the Kenyan Communications Commission (KCC), adopted these Information and Communications (Dispute Resolution) Regulations, 2010 (the Dispute Resolution Regulations).  The Regulations outline the powers of the KCC and the process and procedures governing dispute resolution.The Dispute Resolution Regulations apply to disputes between:a) a consumer and a service provider;b) a service provider and another service provider; orc) any other persons as may be prescribed under the Kenya Information and Communications Act, 1998.The definition of "dispute" for the purposes of the Regulations is: "any matter that is in contention between a licensee and another, a consumer and a licensee, where one or both parties is aggrieved by the conduct of the other and the parties have failed to reach an amicable resolution after due effort has been made".  Thus, before the KCC has jurisdiction to intervene, the parties must have made a good faith effort to resolve the dispute on their own.The KCC has latitude under the Regulations to adopt procedures that are appropriate to resolving the dispute and may initiate hearings, inquiries, and investigations as it deems appropriate.  The KCC is obligated to issued a written decision, with reasons, within 30 days of the conclusion of a hearing.  The Commission also has the authority to issue temporary preservation orders and reliefs pending the hearing and determination of the dispute in light of the urgency of the dispute or any other justifiable reason.  The Commission's decision is binding, but parties may appeal such decisions to the Appeals Tribunal.

By Kenya -- Ministry for Information and Communications. Published June 2010.

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