Rev. 2011]
Kenya Information and Communications
CAP. 411A
35
to which this section applies or to sell, offer, advertise for sale, let on
hire or offer or advertise, such apparatus for letting on hire, by reason
only that it does not comply with the requirements applicable under any
regulations made under this section, but such non-compliance shall be
a ground for the giving of a notice under section 41 or 43 of this Act,
as the case may be.
Regulations with
40. (1) The Commission may, by regulations, prescribe technical respect to resistance
requirements to be complied with in the case of radio communication to interference.
apparatus specified in the regulations.
(2) The technical requirements in respect of any apparatus shall
be such as appear to the Commission to be appropriate for the purpose
of minimising so far as practicable, the risk of interference, arising from
lawful use of any other apparatus to which the requirements apply, or
any apparatus used in connection with it and which it is designed or
adapted to receive.
(3) Any person who, in the course of business—
(a) sells or offers for sale (otherwise than for export) any
apparatus which does not comply with the technical
requirements applicable to it under regulations made under
this section;
(b) lets on hires or offers to let or hire any such apparatus; or
(c) indicates, whether by display of the apparatus or by any form
of advertisement, his willingness to do anything in relation
to any such apparatus,
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 three years, or to both.
(4) In any proceedings for an offence under this section brought
against any person other than one who in the course of business has
manufactured, assembled or imported, the apparatus to which the
proceedings relate, it shall be a defense for the accused person to
show that he did not know and could not, with reasonable care, have
ascertained that the apparatus did not comply with the requirements
in question.
(5) In this section “apparatus” means any radio communication
station or any radio communication apparatus and includes any
apparatus designed or adapted for use in connection with any radio
communication station and radio communication apparatus.