apparatus, where it is of the opinion that the equipment or apparatus may cause
damage or harmful interference to communications networks or is a risk to human
health or the environment.
22. Power to inspect.
An authorized officer of the Commission may at reasonable times enter premises
on which a supplier, importer or distributor is keeping imported communications
equipment for the purposes of inspecting the equipment.
23. Disposal of equipment.
(1) The equipment which has been brought for type approval and which due to
destructive tests or other reasons the Commission determines as not being suitable
for return to the applicant, may be destroyed by the Commission after giving thirty
days notice for objection to the applicant.
(2) A person who is aggrieved by the decision of the Commission made under this
Regulation may appeal to the Tribunal.
24. Offence and Penalty.
(1) A person who deals in or uses equipment without type approval or acceptance
in accordance with these Regulations commits an offence.
(2) A person who is convicted of an offence shall on conviction be liable to a fine
not exceeding three hundred thousand shillings or to imprisonment for a term not
exceeding three years or to both.
25. Revocation of Part VIII of LN 68 of 2001.
Part VIII of the Kenya Communications Regulations 2001 is revoked.

Dated the 14th April, 2010
Samuel Poghisio,
Minister for Information and Communications.

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