- Section 62 of The Kenya Information and Communications Act CAP 411A: 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 from that person any postal article addressed to that person, until such postage or other sum is...
- Section 63 of The Kenya Information and Communications Act CAP 411A: 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 orders, postal orders, postal drafts, postal cheques, postal traveller’s cheques, giro,...
- Section 64 of The Kenya Information and Communications Act CAP 411A: 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 amount in respect of a money order paid to him by an employee of the public postal licensee, instead of...
- Section 65 of The Kenya Information and Communications Act CAP 411A: 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 official mark of the licensee or the signature of an employee of the licensee denoting that the article...
- Section 66 of The Kenya Information and Communications Act CAP 411A: 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 disposal of undelivered postal articles;
(b) the licensing and use of franking machines for...
- Section 67 of The Kenya Information and Communications Act CAP 411A: 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 letter or postal article;
(c) delivers or tenders in order to be sent otherwise than in accordance...
- Section 68 of The Kenya Information and Communications Act CAP 411A: 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 deleterious substance or any fluid, or commits a nuisance in or against any such letter box, or does...
- Section 69 of The Kenya Information and Communications Act CAP 411A: 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 office commits an offence and shall, be liable on conviction to a fine not exceeding fifty thousand...
- Section 70 of The Kenya Information and Communications Act CAP 411A: 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 with the provisions of this Act;
(b) knowingly reveals, discloses or in any way makes known the...
- Section 71 of The Kenya Information and Communications Act CAP 411A: 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, drawing or picture of a scurrilous, threatening, obscene or grossly offensive character, commits an...
- Section 72 of The Kenya Information and Communications Act CAP 411A: 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 Act;
(b) interferes in any way with any mailbag or postal article opened under the authority of this...
- Section 73 of The Kenya Information and Communications Act CAP 411A: 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 without lawful excuse any fictitious stamp;
(c) makes, issues or sends by post any stamped or embossed...
- Section 74 of The Kenya Information and Communications Act CAP 411A: 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 under his control, any of the following words, letters, or marks -
(a) the words “post office” or...
- Section 75 of The Kenya Information and Communications Act CAP 411A: 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 regulations made under this Act, any postal article containing any noxious, explosive or dangerous...
- Section 76 of The Kenya Information and Communications Act CAP 411A: 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 hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.
- Section 77 of The Kenya Information and Communications Act CAP 411A: 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 respect to any application, require the applicant to supply such additional information as it may...
- Section 78 of The Kenya Information and Communications Act CAP 411A: 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 the name and other particulars of the person or class of persons to whom the licence is to be...
- Section 79 of The Kenya Information and Communications Act CAP 411A: 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 payment of such licence fee as may be prescribed:
Provided that where the Commission does not grant...
- Section 80 of The Kenya Information and Communications Act CAP 411A: 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 licence.
- Section 81 of The Kenya Information and Communications Act CAP 411A: 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 Commission does not renew the licence it shall notify the licensee in writing of the reasons for refusal...
- Section 82 of The Kenya Information and Communications Act CAP 411A: 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 modifications under this section, the Commission shall give notice in writing and by publication in the...
- Section 83 of The Kenya Information and Communications Act CAP 411A: 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 prescribed.
(2) Any person may, during working hours and on payment of the prescribed fee, inspect any register of...
- Section 84 of The Kenya Information and Communications Act CAP 411A: 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 time.
(2) The function of the Secretariat shall be to advise the Government on the adoption of a...
- Section 85 of The Kenya Information and Communications Act CAP 411A: 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 between the operator and the owner or occupier, place or maintain under, over, along, across, in or upon...
- Section 86 of The Kenya Information and Communications Act CAP 411A: 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 consent of the local authority or public body, stating the nature and extent of the acts to be...
- Section 87 of The Kenya Information and Communications Act CAP 411A: 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 may apply to the Commissioner of Lands to acquire the land on behalf of the telecommunication...
- Section 88 of The Kenya Information and Communications Act CAP 411A: 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 any officer duly authorised in that behalf, to take temporary possession of any telecommunication...
- Section 89 of The Kenya Information and Communications Act CAP 411A: 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 of the commission of the offence is to be found on any premises specified in the information, or in...
- Section 90 of The Kenya Information and Communications Act CAP 411A: 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, telecommunication apparatus, article or other thing found in the course of the search carried out in...
- Section 91 of The Kenya Information and Communications Act CAP 411A: 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 radiocommunication apparatus, or any telecommunication apparatus, or in the use of any apparatus for the purpose...