Rev. 2011]
Kenya Information and Communications
CAP. 411A
55
deleterious substance or any sharp instrument not properly protected
which is likely to injure any person or any postal article in the course
of transmission by post.
58. No person shall send by post—
Prohibited materials.
(a) any indecent or obscene printing, photograph, lithograph,
engraving, book or card or any other indecent or obscene
article;
(b) any postal article having thereon, or on the cover thereof,
any words or designs of an indecent, obscene, scurrilous,
threatening or grossly offensive character;
(c) 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;
(d) any other article which the Commission may by regulation
prohibit.
59. The Commission may make regulations in respect of the Regulations
prohibiting injurious
articles prohibited by section 58 and for the detaining, disposing of,
articles.
or destroying any such postal article sent or tendered for transmission
by post.
60. (1) Where any postal article sent by post is reasonably suspected Material sent in
by the public postal licensee or other person licensed to provide postal contravention of this
services under this Act to have been sent in contravention of this Act or Act.
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.