128
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
the performance of such equipment within the provisional type approval period
is satisfactory.
Final type approval.
57. (1) All applications for final type approval shall be submitted in the
prescribed Form No. 3 set out in the First Schedule five months after the grant
of provisional type approval and shall indicate the date of grant of provisional
approval:
Provided that no provisional type approval shall lapse or expire while an
application for final type approval is pending with the Commission.
(2) Final type approval shall be granted where the Commission is of the
view that the grant of such final type approval—
(a) is in the public interest; and
(b) will not lead to harmful interference to any telecommunications
and radio communication network or be a risk to human health or
the environment.
(3) The Commission shall inform the applicant in writing of the final
type approval of an equipment or apparatus and shall issue the applicant with
a registration number to display on the equipment or apparatus when the
equipment or apparatus is being sold and used.
(4) Where the Commission is of the view that an equipment or apparatus
should not be type approved, it shall notify the applicant in writing of its decision
not to type approve the equipment or apparatus and shall provide reasons for
such refusal.
Revocation of type
approval.
58. (1) The Commission may, on its own motion or upon a complaint
by any person, conduct investigations regarding the working or use of any
equipment or apparatus which has been given provisional or final type approval
and may cancel such type approval where it is of the view that—
(a) a licensee has violated provisional type approval conditions;
(b) the equipment or apparatus is causing or is likely to cause harmful
interference to telecommunications network or is a risk to human
health or the environment.
(2) Any person who is aggrieved by the decision of the Commission
made under this Part may appeal to the Tribunal.
Complaint
procedures.
59. (1) Any person may make a representation in respect of the working
of any equipment that has been type approved or may object to the type approval
of any equipment and may submit such representation or objection to the
Commission in writing stating—
(a) the name and address of the complainant;
(b) the name (and address if known) of the person against whom the