Kenya Act or statute

Parliament of Kenya

Postal Corporation of Kenya Act

This Act may be cited as the Postal Corporation of Kenya Act. Defines the terms "Board", "Corporation" and "Cabinet Secretary" for this Act. The Board must pay Board members remuneration, fees, or…

Jurisdiction: Kenya
Structure: 27 provisions
Citation: Cap. 411
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Postal Corporation of Kenya Act.”

This Act may be cited as the Postal Corporation of Kenya Act. Defines the terms "Board", "Corporation" and "Cabinet Secretary" for this Act. The Board must pay Board members remuneration, fees, or allowances for expenses, after consulting the Cabinet Secretary. The Postmaster-General is the chief executive of the Corporation, is responsible for day-to-day management subject to the Board's directions, is an ex officio Board member, and has no right to vote. The Secretary is required, when performing duties under this Act, to be responsible to the Postmaster-General.

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PRELIMINARY - 1. Short title

This Act may be cited as the Postal Corporation of Kenya Act.

Section 1

ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 15. Protection from personal liability

Members of the Board, officers, employees, agents of the Corporation and persons acting on their directions are not personally liable for acts done bona fide in executing the Board's functions, powers or duties under the Act, subject to section 16.

Section 15

ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 7. Powers of the Board

The Board has the power to manage, control and administer the assets of the Corporation in a manner that promotes the Corporation's purposes.

Section 7

FINANCIAL PROVISIONS - 21. Investment of funds

The Board may invest Corporation funds not immediately required in securities approved by the National Treasury, and may place such moneys on deposit with banks it determines.

Section 21

MISCELLANEOUS PROVISIONS - 27. Service of notice, etc., by Postmaster-General

The Postmaster-General must serve notices either by delivering them to the person, leaving them at the person's usual or last known place of abode, or by sending them by registered post addressed to the person's usual or last known address.

Section 27

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Showing 27 of 27 provisions

Provision 23Commencement 2Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Postal Corporation of Kenya Act.

Section 1. Short title Section This Act may be cited as the Postal Corporation of Kenya Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines the terms "Board", "Corporation" and "Cabinet Secretary" for this Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Board of Directors of the Corporation established under section 6 ; "Corporation" means the Postal Corporation of Kenya established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to communications.

Section 2Verify source

Part II

ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION

§ 10ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 10. Remuneration of Board membersProvision

The Board must pay Board members remuneration, fees, or allowances for expenses, after consulting the Cabinet Secretary.

Section 10. Remuneration of Board members Section The Board, in consultation with the Cabinet Secretary, shall pay members of the Board such remuneration, fees or allowances for expenses as the Board may determine.

Section 10Verify source

§ 11ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 11. Postmaster-GeneralProvision

The Postmaster-General is the chief executive of the Corporation, is responsible for day-to-day management subject to the Board's directions, is an ex officio Board member, and has no right to vote.

Section 11. Postmaster-General Section 11(1) The Postmaster-General shall be the chief executive of the Corporation and shall, subject to the directions of the Board, be responsible for the day to day management of the Corporation. Section 11(2) The Postmaster-General shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board.

Section 11Verify source

§ 12ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 12. Secretary to the BoardProvision

The Secretary is required, when performing duties under this Act, to be responsible to the Postmaster-General.

Section 12. Secretary to the Board Section 12(1) There shall be a secretary to the Board who shall be appointed on such terms and conditions as the Board may determine and who shall perform such duties as the Board may, from time to time, assign. Section 12(2) In the performance of his duties under this Act, the Secretary shall be responsible to the Postmaster-General.

Section 12Verify source

§ 13ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 13. Staff of the CorporationProvision

Section 13. Staff of the Corporation Section The Board may appoint such officers or staff as are necessary for the proper discharge of the functions of the Corporation under this Act or any other written law, upon such terms and conditions of service as the Board may determine.

Section 13Verify source

§ 14ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 14. The common seal of the CorporationProvision

The common seal must be kept in custody as the Board directs and may only be used on the order of the Board; when affixed and authenticated it is judicially and officially noticed and Board authorisation is presumed unless proven otherwise.

Section 14. The common seal of the Corporation Section 14(1) The common seal of the Corporation shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 14(2) The common seal of the Corporation, when affixed to a document and duly authenticated, shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

Section 14Verify source

§ 15ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 15. Protection from personal liabilityProvision

Section 15. Protection from personal liability Section Subject to section 16 , no matter or thing done by a member of the Board or by any officer, employee or agent of the Corporation shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 15Verify source

§ 16ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 16. Liability of the Board for damagesProvision

The Corporation remains liable to pay compensation or damages to any person for injury to them, their property or interests caused by powers under this Act or other law or by failure of works.

Section 16. Liability of the Board for damages Section The provisions of section 15 shall not relieve the Corporation of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.

Section 16Verify source

§ 3ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 3. Establishment of the CorporationProvision

Establishes the Postal Corporation of Kenya and sets out capacities including suing and being sued, acquiring and disposing of property, borrowing or lending money, and performing acts necessary to its functions.

Section 3. Establishment of the Corporation Section 3(1) There is established a Corporation to be known as the Postal Corporation of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing or lending money; and Section 3(2)(d) doing or performing all such other things or acts for the proper performance of its functions or the furtherance of the provisions of this Act which may be lawfully done by a body corporate.

Section 3Verify source

§ 4ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 4. HeadquartersProvision

The Headquarters of the Corporation shall be in Nairobi.

Section 4. Headquarters Section The Headquarters of the Corporation shall be in Nairobi.

Section 4Verify source

§ 5ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 5. Functions of the CorporationProvision

The Corporation must provide postal services and perform incidental services relating to receiving, collecting, sending, dispatching and delivering postal articles and electronic mail.

Section 5. Functions of the Corporation Section postal services, and perform incidental services relating to the receiving, collecting, sending, dispatching and delivering of postal articles and electronic mail;

Section 5Verify source

§ 6ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 6. Establishment of Board of DirectorsProvision

Section 6 lists members of the Board of Directors and requires the Cabinet Secretary to appoint the chairman, the Postmaster-General (in consultation with the Board), and up to five other non-public officers with relevant knowledge and experience; it also includes the Principal Secretaries (or their representatives) for communications and finance as members.

Section 6. Establishment of Board of Directors Section 6(1)(a) a chairman, who shall be appointed by the Cabinet Secretary; Section 6(1)(b) the Postmaster-General, who shall be appointed by the Cabinet Secretary in consultation with the Board; Section 6(1)(c) the Principal Secretary of the ministry for the time being responsible for communications, or his representative; Section 6(1)(d) the Principal Secretary of the ministry for the time being responsible for finance, or his representative; and Section 6(1)(e) not more than five other persons, not being public officers, appointed by the Cabinet Secretary by virtue of their knowledge and experience in matters relating to communications commerce, industry or finance.

Section 6Verify source

§ 7ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 7. Powers of the BoardProvision

The Board has the power to manage, control and administer the assets of the Corporation in a manner that promotes the Corporation's purposes.

Section 7. Powers of the Board Section manage, control and administer the assets of the Corporation in such manner as best promotes the purposes for which the Corporation is established;

Section 7Verify source

§ 8ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 8. Conduct of business and affairs of the BoardProvision

The conduct and regulation of the Board's business and affairs must follow the Schedule; subject to that, the Board may regulate its own procedure.

Section 8. Conduct of business and affairs of the Board Section The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule, but subject thereto, the Board may regulate its own procedure.

Section 8Verify source

§ 9ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 9. Delegation by the BoardProvision

The Board may, by resolution, delegate any of the Corporation's powers, functions or duties to a committee or to a member, officer, employee or agent of the Corporation.

Section 9. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Corporation, the exercise of any of the powers or the performance of any of the functions or duties of the Corporation under this Act.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 17FINANCIAL PROVISIONS - 17. Funds of the CorporationProvision

The Corporation's funds consist of any moneys or assets that accrue to or vest in the Corporation in exercising its powers or performing its functions under this Act or any other written law.

Section 17. Funds of the Corporation Section such moneys or assets as may accrue to or vest in the Corporation in the course of the exercise of its powers or the performance of its functions under this Act or any other written law;

Section 17Verify source

§ 18FINANCIAL PROVISIONS - 18. Financial yearProvision

The Corporation's financial year is the twelve-month period ending on 30 June each year.

Section 18. Financial year Section The financial year of the Corporation shall be the period of twelve months ending on the thirtieth of June in each year.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Annual estimatesCommencement

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year begins.

Section 19. Annual estimates Section 19(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Corporation for that year. Section 19(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Corporation; Section 19(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits to staff of the Corporation; Section 19(2)(c) for the proper maintenance of the buildings and grounds of the Corporation; Section 19(2)(d) for the proper maintenance, repair and replacement of the equipment and other movable property of the Corporation; Section 19(2)(e) for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may deem fit. Section 19(3) The annual estimates shall be submitted to the Board for approval before the commencement of the financial year to which they relate: Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Board. Section 19(4) No expenditure shall be incurred for the purposes of the Corporation except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorisation of the Board.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Accounts and auditProvision

Section 20 requires the Board to keep proper accounting records, requires audits of the Corporation's accounts by the Auditor-General or an approved auditor, sets reporting and approval procedures involving the Auditor-General and Cabinet Secretary, allows inspections and special reports by the Auditor-General, and requires the Cabinet Secretary to lay audit reports before the National Assembly.

Section 20. Accounts and audit Section 20(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Corporation. Section 20(2)(a) a statement of income and expenditure during that year; and Section 20(2)(b) a statement of the assets and liabilities of the Corporation on the last day of the financial year. Section 20(3) The accounts of the Corporation shall be audited by the Auditor-General or by an auditor appointed by the Board with the approval of the Auditor-General. Section 20(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 20(5) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions. Section 20(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5) of this section. Section 20(7) Within a period of six months after the end of the financial year, the Auditor- General shall report on the examination and audit of the accounts of the Corporation to the Board and to the Cabinet Secretary, and in the case of an auditor appointed under subsection (3), the auditor shall transmit a copy to the report to the Auditor-General. Section 20(8) Nothing in this Act shall be construed to prohibit the Auditor-General from carrying out an inspection of the Corporation's accounts or records if it appears to him desirable and the Auditor-General shall carry out such an inspection at least once every six months. Section 20(9) Notwithstanding anything in this Act, the Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Act, and the Public Audit Act (Cap. 412B) shall, mutatis mutandis , apply to any report made under this section. Section 20(10) The Cabinet Secretary shall lay the audit report before the National Assembly as soon as reasonably practicable after the report is submitted to him under this section. Section 20(11) The fee for any auditor, other than a public officer, shall be paid by the Board with the approval of the Auditor-General.

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Investment of fundsProvision

The Board may invest Corporation funds not immediately required in securities approved by the National Treasury, and may place such moneys on deposit with banks it determines.

Section 21. Investment of funds Section 21(1) The Board may invest any of the funds of the Corporation which are not immediately required for the purposes of the Corporation in such securities as the National Treasury may, from time to time, approve. Section 21(2) The Board may place on deposit with such bank or banks as it may determine, any moneys not immediately required for the purposes of the Corporation.

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Annual ReportProvision

The Board must prepare and submit an annual report within three months after each financial year to the Cabinet Secretary; the Cabinet Secretary must lay that report before the National Assembly as soon as reasonably practicable after submission.

Section 22. Annual Report Section 22(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediately preceding year. Section 22(2) The Cabinet Secretary shall lay the annual report before the National Assembly as soon as reasonably practicable after it is submitted to him.

Section 22Verify source

Part IV

MISCELLANEOUS PROVISIONS

§ 23MISCELLANEOUS PROVISIONS - 23. Exemption of Corporation from liabilityProvision

The Corporation is exempt from liability for loss, wrong delivery, delay, or damage to postal articles in transmission, and for interception, detention or disposal under written law; subject to regulations, the Corporation is not liable for wrong payment of a money order, except where negligence is proven.

Section 23. Exemption of Corporation from liability Section 23(1)(a) by reason of the loss, wrong delivery or delay of, or damage to, any postal article in the course of transmission by post; or Section 23(1)(b) by reason of the interception, detention or disposal of any postal article in accordance with the provisions of any written law. Section 23(2) Subject to the provisions of any regulations made under this Act, the Corporation shall not incur any liability by reason of the wrong payment of a money order: Provided that nothing in this section shall absolve the Corporation from liability in cases where negligence is proven against it.

Section 23Verify source

§ 24MISCELLANEOUS PROVISIONS - 24. Limitation of actionsCommencement

A plaintiff must serve written notice with claim particulars and intention to commence on the Postmaster General, and an action cannot be started against the Corporation until at least one month after that notice is served.

Section 24. Limitation of actions Section the action or legal proceeding shall not be commenced against the Corporation until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceedings, has been served upon the Postmaster General by the plaintiff or his agent;

Section 24Verify source

§ 25MISCELLANEOUS PROVISIONS - 25. Restriction on execution against property of CorporationProvision

The Postmaster General must promptly pay out of the Corporation's revenue any amounts awarded against the Corporation by judgment or order; and persons with power to attach or distrain may not seize Corporation property without the Postmaster General's prior written permission.

Section 25. Restriction on execution against property of Corporation Section 25(1)(a) where any judgement or order has been obtained against the Corporation, no execution or attachment, or process in the nature thereof, shall be issued against the Corporation or against any property of the Corporation; but the Postmaster General shall, without delay, cause to be paid out of the revenue of the Corporation such amounts as may, by the judgement or order, be awarded against the Corporation to the person entitled thereto; Section 25(1)(b) no property of the Corporation shall be seized or taken by any person having by law power to attach or distrain property without the previous written permission of the Postmaster General.

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26. Service of notice, etc., on Postmaster-GeneralProvision

Lists three ways to serve a notice on the Postmaster-General: (a) delivery to the Postmaster General or any authorized employee; (b) leaving it at the office of the Postmaster General; (c) sending it by registered post to the Postmaster General.

Section 26. Service of notice, etc., on Postmaster-General Section 26(1)(a) by delivery of the notice or other document to the Postmaster General or to any authorized employee; Section 26(1)(b) by leaving it at the office of the Postmaster General; or Section 26(1)(c) by sending it by registered post to the Postmaster General.

Section 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27. Service of notice, etc., by Postmaster-GeneralProvision

Section 27. Service of notice, etc., by Postmaster-General Section 27(1)(a) by delivering it to that person; or Section 27(1)(b) by leaving it at the usual or last known place of abode of that person; or Section 27(1)(c) by sending it by registered post, addressed to that person at his usual or last known address.

Section 27Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Board under this Act
Section 15
Corporation under this Act
Sections 9, 13

G–M

1 instrument

Kenya Act
Section 1

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31 Dec 2022 · currentEnglish

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