262
CAP. 411A
[Subsidiary]
Revocation of type
approval of device.
Kenya Information and Communications
[Rev. 2011
13. (1) The Commission may, on its own motion or upon a complaint by
any person, conduct investigations regarding the operation or use of equipment
or apparatus that has been granted provisional or final type approval and may
revoke the type approval where it is satisfied that(a) the holder of a final or provisional type approval certificate has
violated its conditions; or
(b) the equipment or apparatus is causing or is likely to cause harmful
interference to communications 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 Regulation may appeal to the Appeals Tribunal.
Complaint procedure.
14. (1) Any person may make a complaint in respect of the working of
any equipment that has been type approved or object to the type approval of
any equipment by submitting a complaint 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
complaint is made; and
(c) the facts, including supporting data, where available, showing
that the apparatus does not conform to these Regulations and that
the apparatus may cause harmful interference to communications
network or is a risk to human health or the environment.
(2) The Commission shall forward a copy of the complaint or objection
to the applicant or holder of a type approval certificate and give the applicant or
holder an opportunity to give evidence to rebut the complaint or objection.
(3) The Commission shall consider any complaint or objection received
when considering the application for type approval or in evaluating the operation
of equipment for that has been granted type approval.
Installation of
approved equipment.
15. (1) No person other than a communications technician registered with
the relevant regulatory authority shall install type approved equipment.
(2) Notwithstanding paragraph (1), where the installation is done by any
other person, the installation shall be certified by a communications engineer
registered with the relevant regulatory authority.
Exemptions from
type approval.
16. The Commission may, where it deems expedient, exempt any
communications equipment that is temporarily imported into Kenya for reexport from type approval requirements.
Conditions for
importation and
17. (1) A person shall not supply, import or distribute electronic
communications equipment unless that person has a licence granted by the