34
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(2) Any person who contravenes any regulations made under
this section, or causes or permits any radio communication station or
apparatus to be used in contravention of any such regulations, commits
an offence and shall be liable on conviction to a fine not exceeding
one million shillings, or to imprisonment for a term not exceeding five
years, or to both.
Regulations for
radiation of electromagnetic energy.
39. (1) The Minister in consultation with the Commission may
make regulations for the following purposes—
(a) for prescribing the requirements to be complied with in the
use of any apparatus to which this section applies;
(b) for prescribing the requirements to be complied with in
the case of any apparatus to which this section applies
if the apparatus is to be sold or offered or advertised for
sale otherwise than for export, or let or hire or offered
or advertised for letting or hire by any person who in the
course of business manufactures, assembles or imports such
apparatus.
(2) Regulations made under subsection (1) shall make provisions
to ensure that the use of the apparatus does not cause undue interference
with radio communication and may in particular include—
(a) requirements as to the maximum intensity of electromagnetic
energy of any specified frequencies which may be emitted in
any direction from the apparatus while it is in use; and
(b) in the case of any apparatus, the power for which is supplied
from electric supply lines, requirements as to maximum
electro-magnetic energy of any specified frequencies
which may be injected into those lines by the apparatus,
and different requirements may be prescribed for different
circumstances and in relation to different classes or
descriptions of apparatus, different districts or places and
different times of use.
(3) The apparatus to which this section applies shall be such
apparatus, other than radio communication apparatus, as may be
specified in the regulations, being apparatus generating or designed to
generate or liable to generate fortuitously electro-magnetic energy at
frequencies of not more than three million megahertz per second and
references in this subsection to apparatus include references to any form
of electric supply line.
(4) It shall not be unlawful for any person to use any apparatus