No. 2 of 1998 Kenya Information and Communications [Rev. 2018] 69. Affixing materials on post office A person who, without the authority of the public postal licensee, affixes any placard, advertisement, notice, document, board or other thing in or on, or paints tar, or in any way disfigures any post office, 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 two years, or to both. [Act No. 1 of 2009, s. 19.] 70. Unlawful opening or delivery, etc., of postal articles by employees of licensee A person who, being an employee of the public postal licensee or being employed in connection with postal services— (a) opens or permits to be opened any postal article otherwise than in accordance with the provisions of this Act; (b) knowingly reveals, discloses or in any way makes known the contents of, or any information in relation to, any postal article opened under the authority of this Act, otherwise than in accordance with the law; (c) knowingly destroys, detains or secretes any mail bag or postal article otherwise than in accordance with this Act; (d) knowingly permits any unauthorised person to interfere in any way with any mail bag or postal article; or (e) fraudulently or with intent to deceive prepares, alters, secretes or destroys any document used for the purposes of postal services, commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both. 71. Transmitting offensive material by post Any person, who without lawful excuse, the proof of which shall lie on the person charged, sends or procures to be sent by post, a postal article which has thereon or enclosed therein any word, drawing or picture of a scurrilous, threatening, obscene or grossly offensive character, commits an offence and shall on conviction be liable to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both. [Act No. 1 of 2009, s. 20.] 72. Unlawful opening of postal articles, etc., by non-employees of licensee Any person who, not being an employee of the public postal licensee or not being employed in connection with postal services— (a) opens any postal article otherwise than in accordance with this Act; (b) interferes in any way with any mailbag or postal article opened under the authority of this Act, otherwise than in accordance with the law; (c) fraudulently puts, alters, removes or erases any official mark on a postal article; (d) maliciously and without authority, the proof of which authority shall lie on the person charged, opens, destroys, detains or secretes any article after it has been transmitted by post and before it has been delivered to the addressee; 52

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