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;
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