54
CAP. 411A
Kenya Information and Communications
[Rev. 2011
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.
Postal articles not to
be opened.
55. (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.
Interception of postal
articles in public
emergency, etc.
56. (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 in 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) in the interest of public security
or tranquillity.
Article or material
injurious to persons.
57. (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