36
CAP. 411A
Enforcement of
regulations as to use
of apparatus.
Kenya Information and Communications
[Rev. 2011
41. (1) If the Commission is of the opinion—
(a) that any apparatus does not comply with the requirements
applicable to it under regulations made for the purpose under
subsection (1) of section 40; or
(b) that either:—
(i) the use of the apparatus is likely to cause undue interference with any radio communication used for the purpose
of any safety of life service or for any purpose on which
the safety of any person or of any vessel, aircraft or
vehicle may depend; or
(ii) the use of the apparatus has caused or is causing undue interference with any other radio communication apparatus
in circumstances where all reasonable steps to minimise
interference have been taken in relation to the situation
or apparatus receiving such radio-communication,
it may serve on the person in whose possession the apparatus is, a notice
in writing requiring that, after a date fixed by the notice, not being less
than thirty days from the date of service thereof, the apparatus shall
not be used, whether by the person to whom the notice is given or
otherwise, or shall only be used in such manner, at such times and in
such circumstances as may be specified in the notice:
Provided that if the Commission is satisfied that the use of the
apparatus in question is likely to cause undue interference with any
radio communication used for the purpose of any safety-of-life service
or for any purpose on which the safety of any person or of any vessel,
aircraft or vehicle may depend, the date to be fixed by the notice may
be the date of the service thereof.
(2) A notice under subsection (1) may be revoked or varied by a
subsequent notice in writing by the Commission, served on the person
in whose possession the apparatus then is:
Provided that where a notice under this section has the effect of
imposing any additional restrictions on the use of the apparatus, the
provisions of subsection (1) relating to the coming into force of the
notice shall apply in relation to the subsequent notice as if it had been
a notice served under subsection (1).
(3) Where a notice has been given under subsection (1), any person
having possession of, or any interest in, the apparatus to which the notice
relates may, at any time, whether before or after the date fixed by such
notice, by notice in writing served on the Commission, show reasons