140
CAP. 411A
[Subsidiary]
Disposal of
undeliverable postal
articles.
Kenya Information and Communications
[Rev. 2011
public postal licensee except with the written consent of that public postal
licensee.
89. (1) Letters or other postal articles that are undeliverable due to an
unreadable or non-existent address may be opened by a postal licensee and
where the letter or articles is capable of being delivered based on information
in the letter or article, the letter or article shall be delivered accordingly.
(2) Where a letter or postal article opened as provided in paragraph (1),
is incapable of being delivered, but contains the sender’s address, it shall be
returned to such sender.
(3) Where a letter or postal article is incapable of being delivered but has
a sender’s address on it, it shall be returned to such a sender un opened.
(4) Every undeliverable postal article that has been opened and remains
undeliverable may be kept for a minimum period of three months and may
thereafter be destroyed:
Provided that where such a letter or postal article contains any thing of
value or a saleable article, it shall be safely kept and a record thereof opened and
maintained by any postal licensee for a period of six months and if unclaimed,
the contents shall be disposed off in accordance with any written law.
(5) Where a letter or postal article is returned to a sender by reason of
being undelivered as addressed and that sender refuses to take delivery of the
same, the letter or postal article shall be dealt with as provided for in paragraph
(4).
Part XI—Tariffs Regulation
Scope.
90. (1) Except as provided in regulation 97, this Part shall apply to
licensed services which are not open to competition and whose tariffs are subject
to regulation by the Commission.
Price cap.
91. (1) All licensees whose tariff rates are subject to review by the
Commission pursuant to the price cap condition provided for in respective
licences shall file with the Commission applications for the adjustment of
such tariff rates.
(2) All licences for services that are subject to price cap condition shall
contain the period in which such tariffs may be adjusted once a year.
(3) The obligation to comply with the terms and conditions of the price
cap shall extend from the date on which a licence becomes effective up to the
period when the services whose tariffs are regulated are open to competition
as provided for in the relevant licences or as may be determined by the
Commission.
Applications for tariff
92. All applications for approval of tariffs shall be filed with the
approval.
Commission and shall—