Rev. 2011]
Kenya Information and Communications
CAP. 411A
255
[Subsidiary]
(2) In providing targets for the fulfillment of universal service obligations
by postal licensees, the Commission shall have regard to—
(a) measurable quantity and quality of service standards for postal
services in relation to customer satisfaction;
(b) speed, reliability and security of the service;
(c) accessibility to and affordability of universal postal services; and
(d) the evolution in technological, economic and social
environment.
(3) The provision of universal postal services shall be the responsibility
of the public postal licensee.
(4) Notwithstanding paragraph (3) the Commission may require a licensee
for unreserved postal services to provide any or universal postal services.
(5) The public postal licensee may provide universal postal services
through a contract, an agency or a franchise and Commission shall not require
such agent or franchisee to hold a license under the Act.
(6) The public postal licensee shall notify the Commission of any contract,
agency or franchise entered into under paragraph (5).
(7) The public postal licensee shall not suspend the provision of basic
postal service except in case of a force majeure event including, among others, an
act of God, fire, flood, explosion, war, strike, embargo, government regulation,
civil or military authority.
(8) To the extent necessary to ensure the maintenance of universal service,
the Commission may continue to reserve services for public postal licensees.
(9) A licensee who contravenes this regulation commits an offence and
is liable on conviction fine of three hundred thousand shillings for every month
or part thereof during which such failure continues.
16. (1) A foreign postal licensee shall not establish an Extra-Territorial Extra-Territorial
Office of Exchange in Kenya or use the Universal Postal Union system, without Offices of Exchange
the consent of the Commission.
(ETOEs).
(2) Postal articles originating from a foreign country shall be considered
to be commercial cargo upon arrival in Kenya and shall be subject to customs
clearance procedures.
(3) Postal articles delivered by a foreign postal licensee to an address
in Kenya, shall pay the terminal dues applicable under the Universal Postal
Union system.
17. A person who contravenes these Regulations commits an offence and