Postal Corporation of Kenya Act

Section 1. Short title Section This Act may be cited as the Postal Corporation of Kenya 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 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 4. Headquarters Section The Headquarters of the Corporation shall be in Nairobi.

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 witho...

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 ac...

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 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 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 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 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 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 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.