Section 42 of The Kenya Information and Communications Act CAP 411A: Onus of proof
In any proceedings arising from the provisions of this Part—
(a) the occupier of any dwelling house or premises in which there is any radio-communication apparatus shall be deemed to be in possession thereof, unless he satisfies the court that he was not aware and could not with reasonable diligence have become aware of the presence in the dwelling house or premises, of the apparatus in question;
(b) any radio-communication apparatus which, if fully assembled and in working order, would be a radio communication station, shall not, unless completely dismantled, cease to be a radio communication station by reason of the fact that it is temporarily incapable of transmitting or receiving electromagnetic waves owing to a defect or absence of some part.
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- Section 43 - Enforcement of regulations as to sales, etc., by manufacturers and others
(1) If the Commission is of the opinion that any radio communication apparatus does not comply with the requirements applicable to it under regulations made under section 40, the Commission may serve...
- Section 44 - Unlawfully sending of misleading messages, etc
Any person who—
(a) by means of radio communication, sends or attempts to send any message which to his knowledge is false or misleading and is to his knowledge likely to prejudice the efficiency of...
- Section 45 - Deliberate interference with radio communication
Any person who uses any station or apparatus for interfering with any radio communication commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings,...
- Section 46 - Extent of the application of provisions relating to radio communication
(1) The provisions relating to radio communication shall apply -
(a) to all radio communication stations and radio communication apparatus in or over, or for the time being in or over Kenya or the...
- Section 47 - Functions of the Commission in relation to postal services
(1) The functions of the Commission in relation to postal services shall be to—
(a) ensure that there are provided throughout Kenya good and sufficient postal and other related services, on such...
- Section 48 - Exclusive right to provide certain postal services
(1) The Commission shall grant to the public postal licensee the exclusive right to provide private letter boxes or bags and postal services except in relation to -
(a) letters weighing more than...
- Section 49 - Requirement of licence
(1) Subject to the provisions of this Act, no person shall operate or provide postal services except in accordance with a valid licence issued in accordance with this Part.
(2) A person who...
- Section 50 - Designation of public postal licensee
The Minister shall designate the Postal Corporation of Kenya to be the public postal licensee and may, by notice in the Gazette, assign to it, any of the powers, duties and functions of the Commission...
- Section 51 - Licence to provide postal services
(1) The Commission may, upon application in the prescribed manner and subject to the conditions specified in section 52 or such other conditions as the Commission may deem necessary, grant a licence...
- Section 52 - Conditions of licence
Every licensee shall be required to observe the following conditions—
(a) to provide courier services to any person, who requests for such services where available;
(b) to notify the Commission...
- Section 53 - Postage Stamps and postal charges
The public postal licensee shall have exclusive rights to issue postage stamps and provide private letter boxes subject to such conditions as the Commission may specify.
- Section 54 - Addressee may be liable for postage, etc
(1) The person to whom any postal article is tendered for delivery on which postage or any other charge is due shall be liable to pay such postage or other charge unless—
(a) he refuses to accept...
- Section 55 - Postal articles not to be opened
(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...
- Section 56 - Interception of postal articles in public emergency, etc.
(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 an order in class or description of postal...
- Section 57 - Article or material injurious to persons
(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...
- Section 58 - Prohibited materials
No person shall send by post—
(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,...
- Section 59 - Regulations prohibiting injurious articles
The Commission may make regulations in respect of the articles prohibited by section 58 and for the detaining, disposing of, or destroying any such postal article sent or tendered for transmission by...
- Section 60 - Material sent in contravention of this Act
(1) Where any postal article sent by post is reasonably suspected by the public postal licensee or other person licensed to provide postal services under this Act to have been sent in contravention of...
- Section 61 - Power to deal with postal articles containing anything in respect of which an offence is committed
(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...
- Section 62 - Withholding postal articles until postage, etc., is paid
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...
- Section 63 - Postal financial services
(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...
- Section 64 - Refund of wrong payment of money order
Where any person receives—
(a) any amount paid to him in respect of a money order by an employee of the public postal licensee, in excess of that which ought to have been paid to him; or
(b) any...
- Section 65 - Proof of return, of postal articles
In any proceedings for the recovery of any postage or other charge alleged to be due under this Act in respect of any postal article—
(a) the production of the postal article having thereon the...
- Section 66 - Regulations for postal services
The Minister in consultation with the Commission may make regulations generally with respect to postal services and, without prejudice to the generality of the foregoing, with respect to—
(a) the...
- Section 67 - Operating without a valid licence
A person who otherwise than in accordance with the terms of a valid licence issued under section 51 (a) conveys any letter or postal article;
(b) performs any service incidental to conveying, any...
- Section 68 - Damaging letter box
A person who places in or against any letter box provided by the public postal licensee for the reception of postal articles any fire, match or light, or any explosive, dangerous, filthy, noxious, or...
- Section 69 - Affixing materials on post office
A person who, without the authority of the public postal licensee, affixes any placard, advertisement, notice, document, board or other thing in or on, or paints tar, or in any way disfigures any post...
- Section 70 - Unlawful opening or delivery, etc., of postal articles by employees of licensee
A person who, being an employee of the public postal licensee or being employed in connection with postal services—
(a) opens or permits to be opened any postal article otherwise than in accordance...
- Section 71 - Transmitting offensive material by post
Any person, who without lawful excuse, the proof of which shall lie on the person charged, sends or procures to be sent by post, a postal article which has thereon or enclosed therein any word,...
- Section 72 - Unlawful opening of postal articles, etc., by non-employees of licensee
Any person who, not being an employee of the public postal licensee or not being employed in connection with postal services-
(a) opens any postal article otherwise than in accordance with this...
- Section 73 - Using of fictitious stamps
Any person who—
(a) makes or knowingly utters, deals in, hawks, distributes, or sells any fictitious stamps or knowingly uses for postal purposes any fictitious stamps;
(b) has in his possession...
- Section 74 - Use of certain words
Any person who, without authority from the Commission, places or maintains or permits to be placed or maintained in or on any house, wall, door, window, box, pillar or other place, belonging to him or...
- Section 75 - Transmitting prohibited articles by post
Any person who—
(a) sends by post any postal article which is prohibited from being so transmitted under any regulations made under this Act;
(b) sends by post, otherwise than in accordance with any...
- Section 76 - Interfering with postal installation
Any person who unlawfully and wilfully removes, destroys or damages any installation or plant used for postal services commits an offence and shall on conviction, be liable to a fine not exceeding one...
- Section 77 - Application for licence
(1) Every application for a licence under this Act shall be in the prescribed form addressed to the Commission and shall be accompanied by such fee as may be prescribed.
(2) The Commission may, with...
- Section 78 - Notice of licence
(1) The Commission shall, at least sixty days before granting a licence under this Act, give notice in the
Gazette and in such other manner as the Commission considers appropriate -
(a) specifying...
- Section 79 - Grant of licence
The Commission may, upon expiry of the period of notice under section 78 grant a licence to the applicant if satisfied that the applicant should be licensed, subject to such conditions, including the...
- Section 80 - Duration of licence
A licence granted under this Act shall, unless earlier revoked in accordance with any term in that regard contained in the licence, continue in force for such period as may be specified in the...
- Section 81 - Renewal of licence
A licence issued under this Act may, on application and subject to the payment of the prescribed fee, be renewed for such further period as the Commission may specify:
Provided that where the...
- Section 82 - Modification of conditions of licence
(1) Subject to the provisions of this Act, the Commission may, from time to time, modify any conditions attached to a licence under this Act.
(2) Subject to subsection (4), before making any...
- Section 83 - Register of licences
(1) The Commission shall maintain separate registers for the various licences issued under this Act and shall enter therein, in respect of every licence, such particulars as may be...
- Section 84 - National Communication Secretariat
(1) There is established a Secretariat to be known as the National Communication Secretariat, headed by a Communications secretary and comprising such other officials as may be determined from time to...
- Section 85 - Power of operator to use land
(1) Subject to subsection (3), a telecommunication operator may, with the consent in writing of the owner or occupier of any land, and subject to such terms and conditions as may be agreed upon...
- Section 86 - Procedure for using public land
(1) Where a telecommunication operator licensed by the Commission intends to enter any land under the control of a local authority or other public body, the telecommunication operator shall seek the...
- Section 87 - Compulsory purchase of land
(1) Where, upon application by a telecommunication operator, the Commission considers that it is necessary land for the purpose of providing telecommunication services to the public, the Commission...
- Section 88 - Powers on occurrence of emergency
(1) On the declaration of any public emergency or in the interest of public safety and tranquillity, the Minister for the time being responsible for internal security may, by order in writing, direct...
- Section 89 - Entry and search of premises, etc.
(1) If a court is satisfied by information on oath that there is reasonable ground for suspecting that an offence under the provisions of this Act has been or is being committed, and that the evidence...
- Section 90 - Seizure of apparatus, article or other property
(1) A search warrant granted under section 89 may authorise the person or persons named in it to seize and detain, for the purposes of any relevant proceedings, any radio-communication apparatus,...
- Section 91 - Forfeiture of property used in commission of offence
(1) Where a person is convicted of an offence under this Act for the contravening of any of the provisions relating to any radio communication station or telecommunication system, or any...
- Section 92 - Disposal of property seized under section 90
(1) Any property seized by a person authorised by a warrant under section 89 may be detained—
(a) until the end of the period of six months from the date of the seizure; or
(b) if proceedings in...