ADVOKS GLOBAL · KENYA
Kenya Information and Communications Act
40. Regulations with respect to resistance to interference
Edition: 2022-12-31 · In force
40. Regulations with respect to resistance to interference
(1)The Cabinet Secretary, in consultation with the Authority may, by regulations, prescribe technical requirements to be complied with in the case of radio communication 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 defence 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.