[Rev. 2018] Kenya Information and Communications No. 2 of 1998 32A. Severing with intent to steal A person who, with intent to steal, severs any telecommunication apparatus or other works under the control of a licensee, commits an offence and is liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years or to both. [Act No. 12 of 2012, Sch.] 33. Trespass and wilful obstruction of telecommunication officer Any person who— (a) without permission, enters the equipment room of a telecommunication operator; or (b) enters any enclosure around the telecommunication office in contravention of any rule or notice to the contrary; or (c) refuses to leave such equipment room or enclosure on being requested to do so by any telecommunication officer; or (d) wilfully obstructs any such telecommunication officer or a telecommunication operator in the performance of his duty, commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both. [Act No. 1 of 2009, s. 11.] 34. Prohibition of unlicensed telecommunication system (1) A person who, while not holding a valid licence under section 25, runs a telecommunication system or provides a telecommunication service, commits an offence. (2) Any person who runs a telecommunication system in accordance with a licence granted under section 25 of this Act shall commit an offence if— (a) that person provides telecommunication services which are not of a description specified in the licence; or (b) there is connected to the licensed system, any telecommunication system or, as the case may be, any telecommunication apparatus which is not of a description so specified in the licence. (3) A person convicted of an offence under this section shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both. [Act No. 1 of 2009, s. 12.] PART IV – RADIO COMMUNICATION 35. Licensing requirements (1) Subject to subsection (2), no person shall establish or use any radio communication station or apparatus except in accordance with the terms of a licence granted under section 36. (2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding three years, or to both. 31