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(1) This section applies in relation to documents and information sent or supplied by a company.(2) If—(a) a document or information is sent by post (whether in hard copy or electronic form) to an address in Kenya; and(b) the company is able to establish that it was properly addressed, prepaid and posted, the document or information is taken to have been received by the intended recipient forty-eight hours after it was posted.(3) If—(a) the document or information is sent or supplied by electronic means; and(b) the company is able to show that it was properly addressed, it is taken to have been received by the intended recipient forty-eight hours afterit was sent or supplied.(4) If the document or information is sent or supplied by publishing it on a website, it is taken to have been received by the intended recipient— (a) when the material was first made available on the website; or(b) if later, when the recipient received (or is taken to have received) notice that the material was available on the website.(5) In calculating a period of hours for the purposes of this section, any part of a day that is not a working day is to be disregarded.(6) This section has effect subject—(a) in its application to documents or information sent or supplied by a company to its members — to any contrary provision of the company's articles;(b) in its application to documents or information sent or supplied by a company to its debentures holders — to any contrary provision in the document constituting the debentures; and(c) in its application to documents or information sent or supplied by a company to a person otherwise than in the person's capacity as a member or debenture holder — to any contrary provision in an agreement between the company and that person.
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