Rev. 2011]
Kenya Information and Communications
CAP. 411A
(b) there is connected to the licensed system, any
telecommunication system or, as the case may be, any
telecommunication apparatus which is not of a description
so specified in the licence.
(3) A person convicted of an offence under this section shall, on
conviction be liable to a fine not exceeding one million shillings, or to
imprisonment for a term not exceeding five years, or to both.
Part IV—Radio Communication
35. (1) Subject to subsection (2), no person shall, establish or use Licensing
requirements.
any radio communication station or apparatus except in accordance with
the terms of a licence granted under section 36.
(2) A person who contravenes the provisions of subsection (1)
commits an offence and shall be liable on conviction to a fine not
exceeding five million shillings, or to imprisonment for a term not
exceeding three years, or to both.
36. (1) The Commission may, on application in the prescribed Radio
communication
manner, grant a licence authorizing any person or persons of a specified
licence.
class to establish or to use any radio communication station or apparatus
or to install or use any apparatus for radio communication.
(2) A licence granted under this section may be issued subject to
such terms, conditions and limitations as the Commission may think
fit, including—
(a) in the case of a licence to establish a station, limitations
as to the position and nature of the station, the purposes for
which, the circumstances in which, and the persons by whom
the station may be used, and the apparatus which may be
imported, installed or used therein; and
(b) in the case of any other licence, limitations as to the
apparatus which may be installed or used, and the places
where, the purposes for which, the circumstances in which
and the persons by whom the apparatus may be used.
(3) A radio communication licence shall, unless earlier revoked
in accordance with any term in that regard contained in the licence,
continue in force for such period as may be specified therein.
(4) Subject to the provisions of this Act, the Commission may
renew or revoke a licence issued under this Part, or vary or modify any
31