The Kenya Information and Communications Act CAP 411A

Section 47 of The Kenya Information and Communications Act CAP 411A: 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 terms as the Commission may deem expedient;
(b) ensure that the public post licensee is able to provide postal services at rates consistent with efficient and continuous service and financing viability;
(c) promote development of postal systems and services in accordance with recognised international standards, practices and public demand;
(d) exercise licensing and regulatory functions in respect of postal systems and services in Kenya in accordance with this Act;
(e) regulate the fixing of rates of postage and other fees or sums to be charged in respect of postal articles weighing not more than three hundred and fifty grams;
(f) regulate the issuance of postage stamps including definitive, commemorative and special issues of postage stamps and any other philatelic items;
(g) ensure the terms and conditions stated in any licence granted under section 51 are complied with;
(h) promote competition in the provision of postal services;
(i) ensure that reasonable demands for postal services are satisfied;
(j) promote and encourage the expansion of postal services in Kenya; and
(k) further the advancement of technology relating to the post and postal services.
(2) In discharging the functions and duties under subsection (1), the Commission shall have regard to— (a) efficiency and economy;
(b) fostering the development and expansion of postal services in Kenya in collaboration with other countries and international organisations;
(c) the maintenance of effective competition between persons providing or interested in providing postal services;
(d) the promotion of measures for the safety of life through communications;
(e) the provision of postal service rates consistent with efficient service and the necessity for maintaining financial viability; and
(f) the promotion and development of standards in the field of postal systems and services.

Check the current authoritative text and amendment history before relying on this provision.

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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 contravene…

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 i…

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 forthw…

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 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, or…

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 ord…

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 offici…

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 disp…

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 lett…

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 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 witho…

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 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 r…

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 the…

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 licence…

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 Commissi…

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 prescribed. (2) Any…

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 betwee…

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 c…

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 ma…

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 96 — Offences by companies

(1) Where any offence under this Act has been committed by a company or body corporate, every person who at the time of the commission of the offence was a director, general manager, company secretary…