CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME
60. Material sent in contravention of this Act.
Regulations prohibiting injurious articles. Power to deal with postal articles containing anything in respect of which an offence is committed.
Material sent in contravention of this Act.  60.  (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 this Act or of any of the regulations made thereunder, or of any other written law, the public postal licensee or such other person shall immediately inform the Commission and hand over such postal article to the Commission or any person authorised in writing by the Commission.

(2) On receiving the aforesaid information, an authorised officer shall detain such postal article for opening and examination.

(3) Subject to the provisions of this Act, if any postal article opened or examined under this section is found to be in contravention or to have been posted in contravention of this Act, or of any regulations made thereunder, or of any other written law, such postal article shall be dealt with in accordance with regulations made under section 66.

(4) Notwithstanding any provisions of any written law to the contrary, if any postal article opened under this Act is found to be in contravention of any law relating to customs, it shall be handed over to the customs authority to be dealt with in accordance with such law.

(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.

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