No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
(2) If any postal article appears, to the satisfaction of the licensee, to have
been maliciously sent for the purpose of annoying the addressee, he may remit the
postage or other charge due from the addressee.
(3) If any postal article which the postage or any other charge is due is refused
or returned unopened by the addressee, or if the addressee is dead or cannot be
found, the sender shall be liable to pay the postage or other charge due thereon.
55. Postal articles not to be opened
(1) Subject to this Act, where any postal article is in the course of transmission
by post, no employee of the licensee shall open it or deliver it to any person other
than the addressee, or permit it to be opened or delivered to any person other
than the addressee, unless he is authorised to do so by express authority in writing
under the hand of the licensee:
Provided that, nothing in this Part shall preclude the examination of any postal
article and the disposal of any article in accordance with the provisions of any law—
(a) relating to customs; or
(b) prohibiting or regulating the importation or exportation of any article.
(2) The licensee may, in any individual case which appears to warrant such
a course of action, grant its warrant for opening or returning any specified postal
article.
56. Interception of postal articles in public emergency, etc.
(1) On the declaration of any public emergency or in the interest of public safety
or tranquillity, the Minister responsible for Internal Security may, by an order in class
or description of postal articles in the course of transmission by post within Kenya
shall be intercepted or detained or shall be delivered to any officer mentioned in
the order in the service of the Government, or shall be disposed of in such manner
as the Minister directs.
(2) A certificate signed by the Minister responsible for internal security shall
be conclusive proof of the existence of a public emergency or that any act under
subsection (1) is in the interest of public security or tranquillity.
57. Article or material injurious to persons
(1) No person shall send by post any material or postal article which is likely to
injure any person in the course of transmission by post.
(2) Except as otherwise provided by regulations made under this Act and
subject to such conditions as may be prescribed, no person shall send by post any
explosive, inflammable, dangerous, filthy, noxious or deleterious substance or any
sharp instrument not properly protected which is likely to injure any person or any
postal article in the course of transmission by post.
58. Prohibited materials
No person shall send by post—
(a) any indecent or obscene printing, photograph, lithograph, engraving,
book or card or any other indecent or obscene article;
(b) any postal article having thereon, or on the cover thereof, any words
or designs of an indecent, obscene, scurrilous, threatening or grossly
offensive character;
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