No. 3
Amendment of
section 45
Electronic and Postal Communications
2010
119
179. The principal Act is amended in section 45 as
renumbered by (a)
(b)
deleting sub-section (3) and substituting for it the
following:
“(3) A compliance order may require a
person to refrain from the conduct which is in
contravention of the provisions of this Act or
regulations made under this Act or sector
legislations to take actions required to be taken in
order to comply with this Act or to pay fine as
accessed by the Authority.”
inserting immediately after sub-section (6) the
following new subsections:
“(7) Any person who willfully delays or
obstructs an inspector or a police or other
authorized officer in the exercise of powers
conferred upon him by or under this Act; 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 twenty four
months or to both that fine and that imprisonment.
(8) A court convicting a person of an
offence under this Act may, in addition to any
penalty that it may impose, order the forfeiture to
the government of any electronic communication or
broadcasting apparatus or other material in relation
to it in connection with or by means of which the
offence was committed.
(9) Notwithstanding sub-section (2), no
order of forfeiture shall be made where it is proved
that the broadcasting apparatus in question is not
owned by the person so convicted, and if the owner
proves that he did not have any knowledge of the
unlawful use of the apparatus by the person so