CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME
72. Unlawful opening of postal articles etc by non-employees of licensee.
Transmitting offensive material by post. Using of fictitious stamps.
Unlawful opening of postal articles etc. by non-employees of licensee. 1 of 2009 s.21 

72.  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 Act, otherwise than in accordance with the law;

(c) fraudulently puts, alters, removes or erases any official mark on a postal article;

(d) maliciously and without authority, the proof of which authority shall lie on the person charged, opens, destroys, detains or secretes any article after it has been transmitted by post and before it has been delivered to the addressee;

(e) without the authority of the public postal licensee, the proof of whose authority shall lie on the person charged, knowingly enters any premises used for the purpose of the postal services and to which the public has no right of access;

(f) refuses or fails to leave any such premises when called upon so to do by an authorised employee of the public postal licensee; or

(g) wilfully and unlawfully obstructs or impedes any employee of the public postal licensee or any other person in the discharge of his duties in connection with postal services,

commits an offence and shall, on conviction, be liable to an imprisonment for a term not exceeding three years or to a fine not exceeding three hundred thousand shillings or to both.

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