GAZETTE NOTICE NO. 9760

PURSUANT to the provisions of section 25(3) of the Competition Act, the Competition Authority of Kenya wishes to notify the public that Population Services International (“The Franchisor”) has made an application seeking exemption of a proposed agreement between itself and Tunza Family Health Network (“Franchisee”) from the provisions of Part Il of the Act for a period of five years. The proposed agreement (hereinafter referred to as “agreement”) is as follows— (a) all Tunza Franchisees shall be required to acquire a Clinical Management System (CMS) from a vendor prequalified by Population Services International in order to qualify as a franchisee; (b) the agreement provides for the right to vary specifications and prices of the products supplied under the Franchise agreement. Pursuant to the agreement, the. Franchisor further requires the Franchisee to— (a) desist from engaging in any business in competition with the franchise business under the agreement; (b) seek approval from the Franchisor before entering into an arrangement for donor funding; (c) . affix the recommended retail price by the Franchisor onthe products being supplied under the agreement; and (a) refrain from engaging in a business in competition with the Franchisor after the expiry of the agreement. Unless an exemption is granted, the above requirements under the agreement constitute a contravention of the Act, hence the application for exemption. All interested parties may, within thirty days of the publication of this notice, submit any written representations regarding this application. Submissions may be made through the email address info@cak.go.ke or hand-delivered between 8.00 a.m.—5.00 p.m. during working days or be sent by post to the following address — The Competition Authority of Kenya, Railways Headquarters, Block ‘D’ Ground Floor, Haile Selassie Avenue. P. O Box 36265-00200, Nairobi. Dated the 10th November, 2016. WANG’OMBE KARIUKI, Director-General. APPLICATION FORMODIFICATION OF LICENCE NOTICE is given that Oserian Development Company Limited is a * Private Company limited by shares (Company) having its registered offices at Moi South Lake Road, P.O. Box 2010-20117, Naivasha in - the Republic of Kenya (‘the Applicant”), pursuant to the provisions of | section 28 of the Energy Act, 2006 will on 24th November, 2016 make « an application to the Energy Regulatory Commission for modification of generation licence to include both distribution and supply to our clients within Oserian premises described within L.R. No. 30443 and LR. No. 7426/4/8. Any local authority, company, person or body of persons or offter . competent authority desirous of making any representation on or ~ objection to this application must do so by a letter addressed to the Energy Regulatory Commission and marked on the outside of the © cover enclosing it ‘Electric Power License Modification Objection’ on or before the expiry of fifteen (15) days from the date of publication. and must forward to the applicant a copy of such representation or objection to the Company. Dated the 1 1th November, 2016. NANCY MUTHONI, MR/2481521 Oserian Development Company Limited.