[Rev. 2018]
(c)
(d)
Kenya Information and Communications
No. 2 of 1998
any postal article bearing any fictitious stamp or purporting to be
prepaid with any postage stamp which has previously been used in
payment of any stamp duty;
any other article which the Commission may by regulation prohibit.
59. Regulations prohibiting injurious articles
The Commission may make regulations in respect of the articles prohibited by
section 58 and for the detaining, disposing of, or destroying any such postal article
sent or tendered for transmission by post.
60. Material sent in contravention of this Act
(1) Where any postal article sent by post is reasonably suspected by the public
postal licensee or other person licensed to provide postal services under this Act
to have been sent in contravention of this Act or of any of the regulations made
thereunder, or of any other written law, the public postal licensee or such other
person shall immediately inform the Commission and hand over such postal article
to the Commission or any person authorised in writing by the Commission.
(2) On receiving the aforesaid information, an authorised officer shall detain
such postal article for opening and examination.
(3) Subject to the provisions of this Act, if any postal article opened or examined
under this section is found to be in contravention or to have been posted in
contravention of this Act, or of any regulations made thereunder, or of any other
written law, such postal article shall be dealt with in accordance with regulations
made under section 66.
(4) Notwithstanding any provisions of any written law to the contrary, if any
postal article opened under this Act is found to be in contravention of any law
relating to customs, it shall be handed over to the customs authority to be dealt
with in accordance with such law.
(5) The detention, destruction or disposal under this Act of a postal article or its
contents shall not relieve any person sending or delivering it, from liability for any
offence under this Act or under any other written law.
61. Power to deal with postal articles containing anything in respect of which
an offence is committed
(1) If any licensee under this Part has reason to believe that any postal article
contains anything in respect of which an offence is being or has been committed, or
is being attempted to be committed, such licensee may require, by notice in writing,
the attendance, at a specified post office and time, of the addressee of such postal
article or of some agent deputised in writing by such addressee and of a police
officer, and such postal article shall then be opened by the addressee or his agent
in the presence of an authorised employee and of the police officer.
(2) If the addressee or his agent fails to attend in pursuance of the notice under
subsection (1) or refuses to open the article, it shall be opened by the authorised
employee of the licensee in the presence of the police officer.
(3) Where the postal article has been opened under this section, it shall be
delivered to the addressee unless the police officer states that it is required for the
purpose of any legal proceedings, in which event it shall be delivered to the police
officer on his signing a receipt therefor.
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