38
CAP. 411A
Kenya Information and Communications
[Rev. 2011
some part.
Enforcement of
regulations as
to sales, etc. by
manufacturers and
others.
43. (1) If the Commission is of the opinion that any radio
communication apparatus does not comply with the requirements
applicable to it under regulations made under section 40, the Commission
may serve on any person who has manufactured, assembled or imported
such apparatus in the course of business, a notice in writing prohibiting
him from selling that apparatus or offering or advertising it for sale or
letting it on hire or offering or advertising it for letting on hire.
(2) The provisions of subsections (2) to (5) of section 41 shall
apply with necessary modifications to the provisions of this section
lawfully.
Unlawfully sending
of misleading
messages, etc.
1 of 2009, s.14.
44. Any person who—
(a) by means of radio communication, sends or attempts to send
any message which to his knowledge is false or misleading
and is to his knowledge likely to prejudice the efficiency
of any safety-of-life service or endanger the safety of any
person, or of any vessel, aircraft or vehicle, and, in particular,
any message which to his knowledge falsely suggests that a
vessel or aircraft is in distress or in need of assistance or is
not in distress or not in need of assistance; or
(b) otherwise than under the authority of the Minister for the
time being responsible for internal security—
(i) uses any radio communication apparatus with intent to
obtain information as to the contents, sender or addressee
of any message, (whether sent by means of radio communication or not) which neither the person using the
station or apparatus nor any person on whose behalf he
is acting is authorized to receive; or
(ii) except in the course of legal proceedings or for the purposes of any report thereon, discloses any information as
to the contents, sender or addressee of any such message,
being information which would not have come to his
knowledge but for the use of the radio communication
station or radio communication apparatus by him or by
any other person acting on his behalf,
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 five years, or both.