rev. 2010] - kenya law reports€¦ · web view2. this licence is not transferable to any other...

Broadcast Receiving (Apparatus), Act, Cap 224

(Repealed by Kenya Broadcasting Corporation, Cap 221)

LAWS OF KENYA

THE BROADCAST RECEIVING(APPARATUS) ACT

CAP. 224

Published by the National Council for Law ReportingWith the Authority of the Attorney-General

THE BROADCAST RECEIVING (APPARATUS) ACT

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CAP 224Commencement Date: 1965-08-01

An Act of Parliament to make provision for the control of receiving sets for wireless and television broadcasts, and for the licensing of dealers in and repairers of such sets

Short title. 22 of 1970, s. 3.

1. This Act may be cited as the Broadcast Receiving (Apparatus) Act.

Effectiveness of Act. Cap. 4. A 7 of 1987

2. This Act shall have effect notwithstanding the provisions of the Kenya Posts and Telecommunications Corporations Act.

Interpretation.22 of 1970, s. 4. Cap. 63.

3. In this Act, except where the context otherwise requires -

"chief licensing officer" means the chief licensing officer appointed by this Act;

"dealer" means a person who by way of trade or business buys, offers for sale, sells, lets on hire or otherwise deals in sets;

"dealer's licence" means a licence issued to a dealer under section 6 of this Act;

"licence" means any licence issued under this Act;

"licensed premises" means premises in respect of which a dealer's licence or repairer's licence is in force;

"licensing officer" means a licensing officer appointed under this Act and includes the chief licensing officer;

"permit" means a permit issued under section 7 of this Act;

"police officer" includes an administration police officer;

"possession", "be in possession of" and "have in possession" have the meanings assigned to such expressions in section 4 of the Penal Code;

"prescribed fee" means the appropriate fee prescribed in the Schedule to this Act;

"repair" in relation to a set includes providing maintenance service of any kind and fitting spare parts;

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"repairer" means a person who by way of trade or business carries out repairs to or provides maintenance services for sets;

"repairer's licence" means a licence issued to a repairer under section 6 of this Act;

"set" means an apparatus for the reception of television broadcasts or for the reception of sound broadcasts, and where an apparatus is designed or constructed for the reception of both television and sound broadcasts (other than those relating to television broadcasts) such apparatus shall be deemed to comprise two sets, one for the reception of television broadcasts and one for the reception of sound broadcasts, as the case may be.

Appointment of licensing officers. 22 of 1970, s. 5.

4. For the purposes of this Act, the Chief Licensing Officer, Voice of Kenya, shall be the chief licensing officer and all District Commissioners shall be licensing officers, and the Minister may by notice in the Gazette appoint such other licensing officers as are necessary for the purposes of this Act.

Dealing and repairing of sets to be licensed. 22 of 1970, s. 6.

5. (1) No dealer or repairer shall carry on trade or business as such unless he holds a valid dealer's or repairer's licence, as the case may be.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding six thousand shillings or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.

Issue, etc., of dealer's and repairer's licences.

6. (1) A dealer's or repairer's licence -

(a) may be issued by a licensing officer, in his discretion, on payment of the prescribed fee;

(b) may be issued subject to such conditions not inconsistent with this Act as the licensing officer thinks fit to impose;

(c) shall specify the premises to which such licence relates;

(d) shall be exhibited in a conspicuous place in such premises; and

(e) may be revoked at any time by the chief licensing officer in his discretion.

(2) Before a dealer's or repairer's licence may be issued under this section the applicant shall satisfy the licensing officer that he has complied with the requirements of any other written law relating to the carrying on of the trade or business of dealer or repairer.

Permits.22 of 1970, s. 7.

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7. (1) Subject to the provisions of this section, no person shall be in possession of a set unless he is also in possession of a permit relating to that set.

(2) No dealer shall sell a set to any person unless, at the time of such sale, he issues a permit in the prescribed form to, and collects the prescribed fee therefor from, such person.

(3) No dealer shall let on hire a set to any person unless such dealer is in possession of a permit for such set issued by a licensing officer and endorses the permit in respect of the person to whom the set is so let.

(4) No permit shall be required -

(a) by a dealer by reason of his possession of a set for sale;

(b) by a repairer by reason of his possession of a set for repair.

(5) A permit may be transferred to any person to whom the possession of the set concerned is transferred by endorsement of the name of such person upon the permit.

(6) Any person who contravenes or fails to comply with any of the provisions of subsection (1), (2), or (3) of this section shall be guilty of an offence and liable to a fine not exceeding six thousand shillings or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.

Form and duration of licences.19 of 1967, s. 2, 22 of 1970, s. 8.

8. Every dealer's and repairer's licence -(a) shall be in the prescribed form;

(b) shall come into effect on the date of commencement specified therein; and

(c) shall, in the case of every licence issued on or after the 1st July, 1967, expire on the 30th June next after the date of commencement specified therein.

Repealed by 22 of 1970, s. 9.)

9. (Repealed by 22 of 1970, s. 9.)

Repealed by 20 of 1970, s. 9.

10. (Repealed by 20 of 1970, s. 9.)

Replacement of licence or permit.

11. Where a licensing officer is satisfied that any licence or permit has been lost or destroyed he may, upon payment of the prescribed fee, issue a duplicate of such licence or permit.

Appeals to Minister.

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12. Any applicant for a dealer's or repairer's licence, who is aggrieved by the refusal of a licensing officer to issue a licence to him, and any holder of a dealer's or repairer's licence who is aggrieved by the revocation of such licence by the chief licensing officer, may within fourteen days of being informed of the refusal or revocation appeal to the Minister, whose decision on such appeal shall be final and shall not be subject to appeal or review in any court.

Registers.

13. Every holder of a dealer's or repairer's licence shall keep such registers and render such returns as the chief licensing officer may, by notice in the Gazette or by notice in writing, require.

Inspection of licensed premises.

14. At all reasonable times a licensing officer or a police officer of or above the rank of Chief Inspector may enter the premises of a dealer or repairer for the purpose of ensuring that the provisions of this Act and any subsidiary legislation thereunder are being complied with.

Obstruction.

15. (1) Any person wilfully obstructing, impeding, hindering or resisting any person in the execution of his duty under this Act shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand shillings, or to both such imprisonment and such fine.

(2) An offence under this section shall be cognizable to the police.

Fees to form part of revenue of Government.

22 of 1970, s. 11.

16. All fees or payments collected or levied under this Act shall be and form part of, the revenues of the Government and may be appropriated in aid of expenditure incurred by the Voice of Kenya.

General power of making rules. 19 of 1967, s. 2, 22 of 1970, s. 8.

17. The Minister may make rules for any purpose for which rules may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the better carrying out of the purposes of this Act, and in particular, but without prejudice to the generality of the foregoing, may make rules with respect to any of the following matters –

(a) the particulars to be furnished for any of the purposes of this Act;

(b) the procedure on application for the grant of any licence;

(c) the production and return of licences upon revocation;

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(d) the exemption of any person or class of persons from the liability of holding a permit;

(e) the granting of permits at concessionary rates to organizations established for educational purposes.

Transitional provision. 22 of 1970, s. 13.

18. (1) A licence relating to any set which, on the 30th June, 1970, constituted a valid receiving licence under the law in force on that date, shall be deemed for all the purposes of this Act to be a permit in respect of that set.

(2) A licensing officer may, on the request of the holder of a licence mentioned in subsection (1) of this section, exchange such licence for a permit without payment of fee.

SUBSIDIARY LEGISLATIONL.N.345/1966, L.N.217/1967, L.N.185/1968, L.N.7/1969, L.N.105/1970.

Rules under section 17

THE BROADCAST RECEIVING (LICENSING) RULES

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1. These Rules may be cited as the Broadcast Receiving (Licensing) Rules.

2. In these Rules, except where the context otherwise requires - "distributor" means any person who distributes sets, component parts or spares to any other person for retail or further distribution;

"importer" means any person who imports any sets, component parts or spares.

3. Any licensed dealer may purchase from the Voice of Kenya, a District Commissioner or the Inland Revenue Department complete books of domestic sound receiving or domestic television receiving licences, both annual or temporary, for sale to any individual purchasing, hiring or otherwise obtaining a set:

Provided that –

(i) such licences shall be sold only to persons obtaining a set initially and not as renewals;

(ii) books of licences purchased by a dealer shall not be transferable; and any unsold licences may be returned to the authority who issue the same, who may refund the cost of such licences;

(iii) duplicates of licences sold by a dealer shall be sent to the chief licensing officer weekly;

(iv) licences sold by a dealer shall be rubber-stamped with the name of the firm, dated and signed by the dealer;

(v) every licence sold by a dealer shall be endorsed with the dealer's invoice, cash sale or hire-purchase agreement number, and the licence number shall be endorsed on the invoice, cash sale or hire purchase agreement, including the duplicate thereof, for the purpose of inspection by a licensing officer or police officer; and

(vi) incorrectly made out or spoiled licences shall be cancelled on all copies by two transverse lines, and the word "CANCELLED" being written between the lines thereon, and the originals and duplicates of such licences shall be sent to the authority who issued the same, who may refund the cost of the licence.

4. Every importer of sets, components for assembly into sets, or spares shall render to the chief licensing officer quarterly returns, in Form A in the First Schedule to these Rules, suitably adapted, of persons to whom such sets, component parts or spares (if any) are distributed.

5. Every distributor acting as the agent or sub-agent of another, or of an importer shall render to the chief licensing officer quarterly returns in Form A in the First Schedule to these Rules, suitably adapted, of all sets or component parts or spares distributed to dealers, and of all dealers to whom they are distributed.

6. Every repairer shall enter on every cash sale or invoice the number of the respective valid licence produced for his inspection.

7. (1) A bona fide intending purchaser or hirer of a set may be permitted to obtain a set on approval for a period not exceeding one month by purchasing a temporary licence.

(2) In the event of a set being held on approval for more than one month, a further temporary licence must be taken out.

(3) Any dealer permitting a set to go out on approval shall furnish any particulars in respect thereof at the request of a licensing officer or a police officer.

8. Every dealer shall enter the licence number of any set sold, let on hire or otherwise disposed of on the cash sale, invoice or hire purchase agreement, in respect of such set, and shall likewise enter the purchase agreement number on the respective licence.

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9. A licensing officer or a police officer may, at his discretion, require any dealer or repairer to produce any records, documents or books of account relating to the sale, repair, letting on hire or other disposal of a set, or the component parts or spares thereof, or to furnish any other information that will enable him to determine whether or not these Rules are being complied with.

10. The persons specified in the Second Schedule to these Rules shall be exempted from the provisions of the Act.

11. Every application for a dealer's or repairer's licence, or for the renewal thereof, shall be in Form B in the First Schedule to these Rules.

12. All receiving licences, dealer's and repairer's licences, exemption certificates and certificates of issue of licences issuable under the Act shall be in the appropriate forms in the First Schedule to these Rules.

13. Any person who contravenes these Rules shall be guilty of an offence and liable to imprisonment for a term not exceeding two months or to a fine not exceeding two thousand shillings, or to both such imprisonment and such fine.

FORM A RETURN BY IMPORTER OF SETS

Name of Importer/Distributor ................................................................................................ Address ................................................................................................................................ ............................................................................................................................................. ....................................,19....

FOR THE QUARTER ENDING .......................,19....

This return must be completed and sent to the Chief Licensing Officer, P.O. Box 30284, Nairobi, at the end of every quarter. I/We, the above-named importers/distributors, certify that during the quarter ended ..................., 19..... I/we despatched to the dealers/distributors named below the sound and television sets, component parts and spares listed hereunder - Names and addresses of dealers/ distributors Number of sound receiving sets Number of television sets *Component parts, spares .................................................. Signature of Importer/Distributor. Date .................................................................

NOTE* (1) Insert "NIL" wherever applicable. (2) Details of component parts or spares NOT required. It will suffice to indicate that either or both were disposed of to distributors or dealers, giving their names and addresses.

FORM B APPLICATION FOR A DEALER'S AND/OR REPAIRER'S LICENCE

To: The ............................... ...................................... ...................................... In accordance with the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules, I hereby apply for a Dealer's /Repairer's* Licence.

*Delete as necessary.

1. Name(s) under which the business is to be carried on ......................... ..............................................................................................................

2. Full postal address ............................................................................ .............................................................................................................

3. Physical address of place at which business is to be conducted - (Plot

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No.) ........................................................................................... (Street) ............................................................................................... (Town) ...............................................................................................

4. Name(s) of proprietors(s) ............................................................... ...........................................................................................................

5. Description of business (i.e. dealer or repairer or both) .......................................................................................................... ..........................................................................................................

6. Number and date of expiry of previous licence held, or date of commencing business ........................................................................ .........................................................................................................

NOTE. - A separate licence is required for each shop or workshop. Nairobi dealers and repairers should address their applications to the Chief Licensing Officer, P.O. Box 30284, Nairobi, and elsewhere to their appropriate District Commissioner.

I hereby certify that the information given in this application is true and correct and that I have complied with the Broadcast Receiving (Apparatus) Act and the rules made thereunder. Date .................................................... Signature of Applicant...................................... Designation........................................................

FORM C EXEMPTION CERTIFICATE

Under the terms of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules, the following is hereby granted exemption from obtaining a Broadcast Receiving Television Licence and/or a Broadcast Receiving Sound Licence until further notice - Name .......................................................................................... Address .......................................................................................

This exemption is granted on the condition that, in the event of any message not intended for reception by the Broadcast Receiving Station being received by such station, the person in respect of whom the exemption was granted shall not divulge the existence or contents thereto to any person other than the Chief Licensing Officer, or a person authorized by the Chief Licensing Officer, to receive such information, unless required to do so by law regarding the giving of evidence.

Date .............................................. ............................................. for the Chief Licensing Officer.

FORM DSH. 5 CERTIFICATE OF ISSUE SH. 5

New/Renewal Previous Licence No.

This Licence Expires on Delete whichever is not applicable I certify that Licence No. .................. Type .................. was issued to – Name ......................................................................................................... Postal Address ........................................................................................... Address where set is normally kept ............................................................ (State Street or Plot No.) Town ........................................................................................................ PARTICULARS OF SET Make .......................................... Serial No. of set .................................... Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ................................... .......................................................................................................................If licence was issued by the holder of a dealer's licence - Dealer's Invoice No. ............................... Date and Office of Issue Receipt of prescribed fee is acknowledged.

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FORM ESH. 50 COMMUNITY CONCESSIONARY TELEVISION RECEIVING LICENCE SH. 50

New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ................................................................................................. Postal Address ................................................................................... Address where set is normally kept ..................................................... (State Street or Plot No.) Town ...................................................................................................

PARTICULARS OF SET Make .................................... Serial No. of set .................................... Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ............................. .............................................................................................................

This licence may only be issued or renewed by the Inland Revenue Department under the Authority of the Chief Licensing Officer, Voice of Kenya, P.O. Box 30284, Nairobi. Date and Office of Issue Receipt of the prescribed fee is acknowledged.

NOTES

1. This licence permits the installation or use of one television set in any premises which are available for common use by pupils of primary schools, and members of youth clubs, Maendeleo ya Wanawake clubs, British Legion clubs, Y.M.C.A. or Y.W.C.A. hostels, police messes or administration police, prison or armed forces canteens: Provided that this licence shall not be issued to secondary schools or training colleges.

2. This licence is not transferable to any other school, youth clubs, Maendeleo ya Wanawake club, British Legion club, Y.M.C.A., Y.W.C.A., police mess, or administration police, prison or armed forces canteen, unless the name of the school, mess, club or canteen, or the description of the set, as the case may be, is endorsed thereon by a licensing officer.

3. Every set shall at all times have attached to it a valid receiving licence, other than a set in the possession of a licensed dealer or repairer for the purpose of his trade or business.

4. Any police officer or licensing officer may require any person in possession of a set to produce such set for the purpose of inspecting the licence attached thereto, or to detach such licence for inspection.

5. Any police officer or licensing officer may in his discretion seize and retain any set for which he has reason to believe there is no valid receiving licence in force, or any set which he finds in possession of a person other than the named person on the receiving licence relating to such set; but this shall not apply where the person in possession of such set satisfies the officer that he has bona fide possession of the set on temporary loan from, and with the consent of, the person named in the valid licence relating to such set.

6. This licence is valid only within the Republic of Kenya, and is valid only to the date shown on the licence; no refund will be made in respect of any period for which the licence may not be required.

7. The apparatus shall be so maintained and used that it does not cause interference with the working of other radio communication stations.

8. Heavy penalties are prescribed by the Broadcast Receiving (Apparatus) Act for contravening any provision of that Act.

9. This licence does not authorize the holder to do any act which is the infringement of any copyright which may exist in the matter received.

10. If a licence is lost or destroyed, a certificate of issue of such licence may be obtained from

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the Licence Records Office, Voice of Kenya, P.O. Box 30284, Nairobi, on payment of a fee of Sh. 5.

FORM FSH. 40 COMMUNITY CONCESSIONARY SOUND RECEIVING LICENCE SH. 40

New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ............................................................................................... Postal Address ................................................................................. Address where set is normally kept ................................................... (State Street or Plot No.) Town ...............................................................................................

PARTICULARS OF SET Make ................................. Serial No. of set ................................... Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ........................ ........................................................................................................This licence may only be issued or renewed by the Inland Revenue Department under the Authority of the Chief Licensing Officer, Voice of Kenya, P.O. Box 30284, Nairobi. Date and Office of Issue Receipt of the prescribed fee is acknowledged.

NOTES

1. This licence permits the installation or use of one sound receiving set in any premises which are available for common use by pupils of primary schools, and members of youth clubs, Maendeleo ya Wanawake clubs, British Legion clubs, Y.M.C.A or Y.W.C.A. hostels, police messes or administration police, prison or armed forces canteens: Provided that this licence shall not be issued to secondary schools or training colleges.

2. This licence is not transferable to any other school, youth club, Maendeleo ya Wanawake club, British Legion club, Y.M.C.A., Y.W.C.A., police mess, or administration police, prison or armed forces canteen, unless the name of the school, mess, club or canteen, or the description of the set, as the case may be, is endorsed thereon by a licensing officer.


4. Any police officer or licensing officer may require any person in possession of a set to produce such set for the purpose of inspecting the licence attached thereto, or to detach such licence for inspection.

5. Any police officer or licensing officer may in his discretion seize and retain any set for which he has reason to believe there is no valid receiving licence in force, or any set which he finds in possession of a person other than the named person on the receiving licence relating to such set; but this shall not apply where the person in possession of such set satisfies the officer that he has bona fide possession of the set on temporary loan from, and with the consent of, the person named in the valid licence relating to such set.



8. Heavy penalties are prescribed by the Broadcast Receiving (Apparatus) Act for contravening any provision of that Act. 9. This licence does not authorize the holder to do any act which is the infringement of any copyright which may exist in the matter received. 10. If a licence is lost or destroyed, a certificate of issue of such licence may be obtained from the Licence Records Office, Voice of Kenya, P.O. Box 30284, Nairobi, on payment of a fee of Sh. 5.

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FORM GSH 10 TEMPORARY DOMESTIC TELEVISION RECEIVING LICENCE SH 10

(Enter "N" for New, "R" for Renewal) This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Licensing) Act and the Broadcast Receiving (Licensing) Rules to- (All Entries in Block Capitals) Name .................................................................................................. Postal Address .................................................................................... Address where set is normally kept ..................................................... (State Street or Plot No.) Town ..................................................................................................

PARTICULARS OF SET Make ........................................ Serial No. of set .............................. Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ........................... .......................................................................................................... This licence expires on ....................................................................... (Period not to exceed one month)Date and Office of Issue Receipt of prescribed fee is acknowledged.

NOTES

1. This licence permits the licensee to possess one set only, and shall contain the name of the person in possession of the set to which it relates.

2. This licence is not transferable to any other person, or to any other set.

3. This licence permits the licensee to use the set at the specified location, or at any other place for the period shown on the licence, for the purpose of receiving television programmes broadcast from authorized broadcasting stations.

4. Every set shall, at all times, have attached to it a valid receiving licence, other than a set in the possession of a licensed dealer or repairer for the purpose of his trade or business.

5. Any police officer or licensing officer may require any person in possession of a set to produce such set, for the purpose of inspecting the licence attached thereto, or to detach such licence for inspection.

6. Any police officer or licensing officer may, in his discretion, seize and retain any set for which he has reason to believe there is no valid receiving licence in force, or any set which he finds in possession of a person other than the named person on the receiving licence relating to such set.




10. This licence does not authorize the holder thereof to do any act which is an infringement of any copyright which may exist in the matter received.

11. If a licence is lost or destroyed, a certificate of issue of such licence may be obtained from the Licence Records Office, Voice of Kenya, P.O. Box 30284, Nairobi, on payment of a fee of Sh. 5.

FORM HSH. 100 REPAIRER'S LICENCE SH. 100

New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving

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(Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ............................................................................... Postal Address ................................................................. Premises .......................................................................... Town .............................................................................. Dealer's Licence No. (if any) ...........................................


NOTES

1. No dealer or repairer shall carry on trade or business as such, unless he holds a valid dealer's or repairer's licence, as the case may be.

2. A repairer's licence does not authorize the licensee to carry on trade as a dealer.

3. This licence is not transferable and is valid only within the Republic of Kenya; it is valid to the date shown, and no refund will be made in respect of any period when the licence may not be required.

4. No dealer or repairer shall accept from any person a set for repair, or after repairing it deliver it to any person, unless such person has produced a valid receiving licence in his own name and relating to the set.

5. This licence shall be exhibited in a conspicuous place in the premises to which it relates, and may be revoked at any time by the Chief Licensing Officer in his discretion.

6. Before a dealer's or repairer's licence may be issued under this Act, the applicant shall satisfy the licensing officer that he has complied with the requirements of any other written law relating to the carrying on the trade or business of a dealer or repairer.

7. No dealer may let on hire, or issue on approval, any set to any person who is not in possession of a licence or temporary licence relating to the set.

8. Every holder of a dealer's or repairer's licence shall keep such registers, and render such returns, as the Chief Licensing Officer may, by notice in the Gazette, or by notice in writing, require.

9. At all reasonable times a licensing officer or a police officer of or above the rank of Chief Inspector may enter the premises of a dealer or repairer for the purpose of ensuring that the provisions of this Act, and any of subsidiary legislation thereunder, are being complied with.

10. The licensee shall not in the course of his business cause interference with the working of other radio communication stations.

11. No refund will be given if this licence is revoked.

12. This licence does not authorize the holder thereof to do any act which is the infringement of any copyright which may exist in the matter received.



FORM ISH. 200 COMMUNITY TELEVISION RECEIVING LICENCE SH. 200

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New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name .................................................................................................. Postal Address .................................................................................... Premises ............................................................................................. Town ..................................................................................................

PARTICULARS OF SET Make ...................................... Serial No. of set ................................. Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details ............................. ............................................................................................................


NOTES

1. This licence permits the installation or use of one television set in any premises which are available for common use by pupils of primary and intermediate schools, and members of youth clubs, Maendeleo ya Wanawake clubs, British Legion clubs, Y.M.C.A. or Y.W.C.A. hostels, police messes or administration police, prison or armed forces canteens.

2. This licence is not transferable to any other school, youth club, Maendeleo ya Wanawake club, British Legion club, Y.M.C.A., Y.W.C.A., police mess or administration police, prison or armed forces canteen, unless the name of the school, mess, club or canteen, or the description of the set, as the case may be, is endorsed thereon by a licensing officer.


4. Any police officer or licensing officer may require any person in possession of a set to produce such set for the purpose of inspecting the licence attached thereto, or to detach such licence for inspection. 5. Any police officer or licensing officer may in his discretion seize and retain any set for which he has reason to believe there is no valid receiving licence in force or any set which he finds in possession of a person other than the named person on the receiving licence relating to such set; but this shall not apply where the person in possession of such set satisfies the officer that he has bona fide possession of the set on temporary loan from, and with the consent of, the person named in the valid licence relating to the set.






FORM J SH. 5 TEMPORARY DOMESTIC SOUND RECEIVING LICENCE SH. 5

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(Enter "N" for New, "R" for Renewal) This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ....................................................................................... Postal Address ......................................................................... Address where set is normally kept ........................................... (State Street or Plot No.) Town ........................................................................................ PARTICULARS OF SET Make ................................ Serial No. of set ............................. Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ................. ................................................................................................. This licence expires on .............................................................. (Period not to exceed one month) Receipt of prescribed fee is acknowledged.

NOTES

1. This licence permits the licensee to possess one set only, and shall contain the name of the person in possession of the set to which it relates.

2. This licence is not transferable to any other person, or to any other set.

3. This licence permits the licensee to use the set at the specified location, or any other place for the period shown on the licence, for the purpose of receiving sound programmes broadcast from authorized broadcasting stations.

4. Every set shall, at all times, have attached to it a valid receiving licence, other than a set in the possession of a licensed dealer or repairer for the purpose of his trade or business.

5. Any police Officer or licensing officer may require any person in possession of a set to produce such set, for the purpose of inspecting the licence attached thereto, or to detach such licence for inspection.

6. Any police officer or licensing officer may, in his discretion, seize and retain any set for which he has reason to believe there is no valid receiving licence in force, or any set which he finds in possession of a person other than the named person on the receiving licence relating to such set.




10. This licence does not authorize the holder thereof to do any act which is an infringement of any copyright which may exist in the matter received.


FORM KSH. 200 DEALER'S LICENCE SH. 200

New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ........................................................................................................................................................................... Postal

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Address ............................................................................................................................................................. Premises ...................................................................................................................................................................... Town............................................................................................................................................................................. Repairer's Licence No. (if any)..................................................................................................................................... Date and Office of Issue This licence may only be issued or renewed by the Inland Revenue Department under the Authority of the Chief Licensing Officer, Voice of Kenya, P.O. Box 30284, Nairobi. Receipt of the prescribed fee is acknowledged.

NOTES

1. No dealer or repairer shall carry on trade or business as such, unless he holds a valid dealer's or repairer's licence, as the case may be.

2. A dealer's licence does not authorize the licensee to carry on trade as a repairer; if required a licensed dealer may obtain a repairer's licence on application without extra charge.

3. This licence is not transferable and is valid only within the Republic of Kenya; it is valid to the date shown, and no refund will be made in respect of any period when the licence may not be required.

4. No dealer or repairer shall accept from any person a set for repair, or after repairing it deliver a set to any person, unless such person has produced a valid receiving licence in his own name and relating to the set.

5. This licence shall be exhibited in a conspicuous place in the premises to which it relates, and may be revoked at any time by the chief licensing officer in his discretion.

6. Before a dealer's or repairer's licence may be issued under this Act, the applicant shall satisfy the licensing officer that he has complied with the requirements of any other written law relating to the carrying on of the trade or business of a dealer or repairer.

7. No dealer may let on hire, or issue on approval, any set to any person who is not in possession of a licence or temporary licence relating to the set.

8. Every holder of a dealer's or repairer's licence shall keep such registers, and render such returns, as the chief licensing officer may, by notice in the Gazette, or by notice in writing, require.

9. At all reasonable times a licensing officer or a police officer of or above the rank of Chief Inspector may enter the premises of a dealer or repairer for the purpose of ensuring that the provisions of the Act and of any subsidiary legislation thereunder, are being complied with.

10. The licensee shall not in the course of his business cause interference with the working of other radio communication stations.

11. No refund will be given if this licence is revoked.




FORM L SH. 100 COMMUNITY SOUND RECEIVING LICENCE SH. 100

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New/Renewal Previous Licence No. This Licence Expires on Delete whichever is not applicable This licence is issued under and in accordance with the provisions of the Broadcast Receiving (Apparatus) Act and the Broadcast Receiving (Licensing) Rules to - (All Entries in Block Capitals) Name ........................................................................................................................................................................................ Postal Address .......................................................................................................................................................................... Premises .................................................................................................................................................................................... Town ......................................................................................................................................................................................... PARTICULARS OF SET Make .......................................................................................... Serial No. of set ......................................................................... Type (Portable, Table Model, Radiogram, etc., with Manufacturer's Model No. or Name if any and any other identifying details) ...... ........................................................................................................................................................................................................ Date and Office of Issue This licence may only be issued or renewed by the Inland Revenue Department under the Authority of the Chief Licensing Officer, Voice of Kenya, P.O. Box 30284, Nairobi. Receipt of the prescribed fee is acknowledged.

NOTES

1. This licence permits the installation or use of one sound receiving set in any premises which are available for common use by members of more than one family, or in a club, hotel, social centre, mess or canteen.

2. This licence is not transferable to any other person, institution, club, school, mess, canteen or hotel, or to any other set, unless the name of such other person, or the description of the set, as the case may be, is endorsed thereon by a licensing officer.

3. Every set shall at all times have attached to it a valid receiving licence other than a set in the possession of a licensed dealer, or repairer, for the purpose of his trade or business.

4. Any police officer or licensing officer may require any person in possession of a set to produce such set for the purpose of inspecting the licence attached, or to detach such licence for inspection.

5. Any police officer or licensing officer may in his discretion seize and retain any set for which he has reason to believe there is no valid receiving licence in force, or any set which he finds in possession of a person other than the named person on the receiving licence to such set; but this shall not apply where the person in possession of such set satisfies the officer that he has bona fide possession of the set on temporary loan from, and with the consent of, the person named in the valid licence relating to such set.




9. This licence does not authorize the holder thereof to do any act which is the infringement of any copyright which may exist in the matter received. 10. If a licence is lost or destroyed, a certificate of issue of such licence may be obtained from the Licence Records Office, Voice of Kenya, P.O. Box 30284, Nairobi, on payment of a fee of Sh. 5. FORM M TELEVISION PERMIT Serial No. ............................................... Name of Radio

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Dealer ......................................................................................................................................................................... Mr./Mrs./Miss ......................................................................................................................................................................... (FULL NAME IN BLOCK LETTERS) Of ....................................................................................................................................................................................................... is permitted to possess a (make of set) ......................................................................television set, Manufacturers No. ....................... purchased from me on .............................................................................................. FEE PAID : Sh. 60 (Shillings Sixty). Date .............................................. .................................................................. (Signature of Dealer) Transferred from ................................................................................................................................................................................ to ....................................................................................................................................................................................................... of ....................................................................................................................................................................................... (Address) on ............................................................................................... (Signed) ....................................................... Transferred from ................................................................................................................................................................................ to ...................................................................................................................................................................................................... of ...................................................................................................................................................................................... (Address) on ............................................................................................... (Signed) ....................................................... FORM N RADIO PERMIT Serial No. ................................................................... Name of Radio Dealer ......................................................................................................................................................................... Mr./Mrs./Miss ...................................................................................................................................................................... (FULL NAME IN BLOCK LETTERS) Of ....................................................................................................................................................................................................... is permitted to possess a (make of set) ........................................................................ radio, Manufacturers No................................... purchased from me on ............................................................. FEE PAID: Sh. 20 (Shillings Twenty). Date ................................................. .......................................................................... (Signature of Dealer) Transferred from ................................................................................................................................................................................. to ....................................................................................................................................................................................................... of ....................................................................................................................................................................................... (Address) on ........................................................................................... ....................................................................... (Previous Owner) Transferred from ................................................................................................................................................................................. to ....................................................................................................................................................................................................... of ....................................................................................................................................................................................... (Address) on .......................................................... ...................................................................... (Previous Owner)

SECOND SCHEDULE(r. 10)

EXEMPTED PERSONS

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(1) Consular officers. (2) Commissioner or Trade Commissioner of any member country of the Commonwealth or a senior member of the staff of such Commissioner or Trade Commissioner. (3) Any hospital, any home for the aged and any training institution for the blind. (4) A blind or lame person. (5) Any public officer whose duties, in the opinion of the Minister, need a TV or radio set.

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rev. 2010] - kenya law reports€¦ · web view2. this licence is not transferable to any other...

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