CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME
42. Onus of proof.
Enforcement of regulations as to use of apparatus. Enforcement of regulations as to sales, etc. by manufacturers and others.
Onus of proof.  42.  (1) In any proceedings arising from the provisions of this 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 some part.

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