No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
(4) Where the licensee is requested by the Commissioner of Police to exercise
its powers under this section, it shall do so and thereupon the notice referred to in
subsection (1) shall be issued.
62. Withholding postal articles until postage, etc., is paid
If any person refuses to pay any postage or other sum which he is legally bound
to pay in respect of any postal article, the licensee may, without prejudice to any
other method of recovery, withhold from that person any postal article addressed
to that person, until such postage or other sum is paid.
63. Postal financial services
(1) The Commission shall allow the public postal licensee to carry out postal
financial services on its own account.
(2) For the purposes of this section, “postal financial services” include money
orders, postal orders, postal drafts, postal cheques, postal traveller’s cheques, giro,
cash-on-delivery, collection of bills, savings service, subscription to newspapers
and periodicals or any other form of financial service as the Commission may
prescribe.
64. Refund of wrong payment of money order
Where any person receives—
(a) any amount paid to him in respect of a money order by an employee
of the public postal licensee, in excess of that which ought to have
been paid to him; or
(b) any amount in respect of a money order paid to him by an employee
of the public postal licensee, instead of to some other person to whom
it ought to have been paid,
the public postal licensee may call upon that person to refund immediately to such
licensee the amount wrongly paid.
65. Proof of return, of postal articles
In any proceedings for the recovery of any postage or other charge alleged to
be due under this Act in respect of any postal article—
(a) the production of the postal article having thereon the official mark of
the licensee or the signature of an employee of the licensee denoting
that the article has been refused, returned unopened or unclaimed, or
that the addressee is dead or cannot be found, shall be prima facie
evidence of the fact so denoted;
(b) the person from whom the postal article is supposed to have come
shall, until the contrary is proved, be deemed to be the sender thereof;
and
(c) the production of the postal article, having thereon the official mark of
the public postal licensee denoting that any postage or other charge
is due in respect thereof to the operator or to the postal administration
of any foreign country, shall be conclusive evidence for all purposes
that the sum so denoted is due.
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