Rev. 2011]
Kenya Information and Communications
CAP. 411A
why the apparatus in question complies with the requirements applicable
to it under the regulations and if the Commission is satisfied that—
(a) the apparatus in question so complies, it shall revoke the
notice; or
(b) the said requirements ought to be relaxed in relation to the
apparatus, may revoke the notice or vary it in such manner
as the Commission may deem fit:
Provided that, nothing done under this subsection shall prevent any
person from serving another notice and shall not, where the Commission
is satisfied that there has been a change in the circumstances, prevent
the Commission from giving a further notice.
(4) A revocation or variation made under subsection (2) or (3)
may be absolute or may be conditional on such steps being taken in
relation to the apparatus or on the apparatus being made to comply
with such requirements as may be specified in the direction and any
questions as to whether or not the apparatus has been made to comply
with the requirements shall, on the application of the Director-General
or of any person having possession of or any interest in the apparatus,
be determined by the Tribunal.
(5) Any person who, knowing that a notice of the Commission
under this section is in force with respect to any apparatus, uses such
apparatus, or causes or permits it to be used in contravention of the
notice, commits an offence and shall be liable on conviction to a fine
not exceeding five hundred thousand shillings, or to imprisonment for
a term not exceeding three years, or to both.
42. (1) In any proceedings arising from the provisions of this
Onus of proof.
Part—
(a) the occupier of any dwelling house or premises in which
there is any radio-communication apparatus shall be deemed
to be in possession thereof, unless he satisfies the court that
he was not aware and could not with reasonable diligence
have become aware of the presence in the dwelling house
or premises, of the apparatus in question;
(b) any radio-communication apparatus which if fully assembled
and in working order, would be a radio communication
station, shall not, unless completely dismantled, cease to
be a radio communication station by reason of the fact
that it is temporarily incapable of transmitting or receiving
electromagnetic waves owing to a defect or absence of
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