56
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(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.
Power to deal with
postal articles
containing anything
in respect of which
an offence is
committed.
61. (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.
(4) Where the licensee is requested by the Commissioner of Police
to exercise its powers under this section, it shall do so and thereupon
the notice referred to in subsection (1) shall be issued.
Withholding postal
articles until postage,
etc. is paid.
Postal financial
services.
62. If any person refuses to pay any postage or other sum which
he is legally bound to pay in respect of any postal article, the licensee
may, without prejudice to any other method of recovery, withhold from
that person any postal article addressed to that person, until such postage
or other sum is paid.
63. (1) The Commission shall allow the public postal licensee to
carry out postal financial services on its own account.
(2) For the purposes of this section, “postal financial services”
include money orders, postal orders, postal drafts, postal cheques, postal
traveller’s cheques, giro, cash-on-delivery, collection of bills, savings
service, subscription to newspapers and periodicals or any other form
of financial service as the Commission may prescribe.
Refund of wrong
payment of money
order.
64. Where any person receives—
(a) any amount paid to him in respect of a money order by