Books and Newspapers Act
This Act may be cited as the Books and Newspapers Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 111
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Books and Newspapers Act. Defines the terms "book", "newspaper", "print", "register" and "Registrar" for this Act. The Cabinet Secretary must appoint a Registrar of Books and Newspapers by notice in the Gazette; the Registrar must perform duties and exercise powers under the Act and rules; the Cabinet Secretary may appoint a Deputy Registrar and any number of Assistant Registrars, who must be subject to the Registrar's directions. The Registrar must keep prescribed registers and record returns (books and newspapers), bonds delivered to him, and any other particulars as prescribed. The Cabinet Secretary may, by notice in the Gazette, exclude any book or newspaper (or class of them) from the operation of this Part, either absolutely or subject to conditions.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Books and Newspapers Act
Showing 22 of 22
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Books and Newspapers Act.
Section 1. Short title Section This Act may be cited as the Books and Newspapers Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Defines the terms "book", "newspaper", "print", "register" and "Registrar" for this Act.
Section 2. Interpretation Section In this Act, unless the context otherwise requires— "book" includes any volume, encyclopaedia, magazine, review, Gazette , pamphlet, leaflet, sheet of letterpress, sheet of music, map, plan and chart, which is separately published, and any part or division thereof, but does not include a newspaper, visiting or business card, bill-head, letter-heading, price list, annual report, trade circular, trade advertisement or other legal or trade or business document; "newspaper" includes any printed matter containing news, or intelligence, or reports of occurrences, of interest to the public or any section thereof, or any views, comments or observations thereon, printed for sale or distribution and published periodically or in parts or numbers at intervals not exceeding three months, but does not include a visiting or business card, bill-head, letter-heading, price list, annual report, trade circular, trade advertisement or other legal or trade or business document; "print" means to produce or reproduce words or pictures in visible form by printing, writing, typewriting, duplicating, cyclostyling, lithography, photography or any other mode of representing the same in visible form, but does not include the representation of words or pictures by means of cinematography or television; "register" means a register required to be kept by section 4 ; "Registrar" means the person appointed to be Registrar of Books and Newspapers under section 3 of this Act, and includes a person appointed under that section to be a Deputy or Assistant Registrar. - 3 Verify source ↗
PRELIMINARY - 3. Appointment of Registrar, etc.
The Cabinet Secretary must appoint a Registrar of Books and Newspapers by notice in the Gazette; the Registrar must perform duties and exercise powers under the Act and rules; the Cabinet Secretary may appoint a Deputy Registrar and any number of Assistant Registrars, who must be subject to the Registrar's directions.
Section 3. Appointment of Registrar, etc. Section The Cabinet Secretary shall, by notice in the Gazette , appoint a Registrar of Books and Newspapers to perform the duties and exercise the powers imposed and conferred on the Registrar by this Act and any rules made thereunder, and may appoint a Deputy Registrar and any number of Assistant Registrars, who shall be subject to the directions of the Registrar. - 4 Verify source ↗
PRELIMINARY - 4. Registers
The Registrar must keep prescribed registers and record returns (books and newspapers), bonds delivered to him, and any other particulars as prescribed.
Section 4. Registers Section The Registrar shall keep registers in the prescribed forms in which he shall register the returns in respect of books and newspapers made to him under sections 6 and 8 , and the bonds delivered to him under sections 11 and 13 , and shall enter therein such other particulars and matters as may be prescribed.
Part II
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS
- 5 Verify source ↗
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS - 5. Exclusions from application of Part
The Cabinet Secretary may, by notice in the Gazette, exclude any book or newspaper (or class of them) from the operation of this Part, either absolutely or subject to conditions.
Section 5. Exclusions from application of Part Section 5(1) This Part shall not apply to or in respect of any book or newspaper printed or published by or on behalf of the Government. Section 5(2) The Cabinet Secretary may, by notice in the Gazette , exclude any book or newspaper or any class thereof from the operation of all or any of the provisions of this Part, either absolutely or subject to such conditions as he may think fit. [L.N. 462/1963, Sch., Act No. 21 of 1966 , 1st Sch.] - 6 Verify source ↗
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS - 6. Copies of books to be delivered to the Registrar and returns to be made
Publishers must deliver specified copies of published books to the Registrar (and in specified cases to the Director, Kenya National Library Service) within set timeframes; the Registrar and Director must acknowledge receipt and the Registrar must keep and distribute copies as prescribed or directed.
Section 6. Copies of books to be delivered to the Registrar and returns to be made Section 6(1)(a) before or within fourteen days after publication of the book, at his own expense deliver to the Registrar such number of copies thereof, not exceeding three in number, as may be prescribed, together with a return in respect thereof in the prescribed form, containing the prescribed particulars and signed by him; Section 6(1)(b) if so required by the Registrar by notice in writing not later than one year after publication of the book, deliver to the Registrar, at his own expense and within one month after receipt of such notice, so many additional copies thereof, not exceeding three in number, as may be specified in the notice; Section 6(1)(c) in order to facilitate the publication of the national bibliography of Kenya under section 4(k) of the Kenya National Library Service Board Act (Cap. 225), before or within fourteen days after publication of the book, at his own expense, deliver to the Director, Kenya National Library Service, two copies thereof, together with a return in respect thereof in the prescribed form, containing the prescribed particulars and signed by him. Section 6(2) In the case of an encyclopaedia, magazine, review, Gazette or other book (not being a newspaper) published periodically or in a series of numbers or parts, a notice under paragraph (b) of subsection (1) of this section may relate to any or all issues, numbers or parts thereof which may be subsequently published in the Colony by the publisher to whom the notice is addressed. Section 6(3) All copies of a book delivered under subsection (1) of this section shall be copies of the whole book, with all maps, prints or other illustrations belonging thereto finished and coloured in the same manner as in the best copies of the same published in the Colony, and shall be bound, sewed or stitched together, and of the best paper on which the book is printed. Section 6(4) Nothing in this section shall apply to any second or subsequent edition of a book the required number of copies of the first or any preceding edition of which have been delivered to the Registrar under this section, unless the second or subsequent edition contains any addition or alteration, whether in the letterpress or in the maps, prints or other illustrations belonging thereto. Section 6(5) Upon receipt of a copy of a book delivered under this section the Registrar shall issue a written receipt therefor. Section 6(6) Upon receipt of a copy of a book delivered to him under subsection (1)(c), the Director, Kenya National Library Service, shall acknowledge receipt thereof in writing to the publisher. Section 6(7) The copies of books delivered to the Registrar under paragraph (a) of subsection (1) shall be kept for the purpose of record in such place or manner, or otherwise dealt with or disposed of in such manner or for such purposes, as may be prescribed; and the copies of books delivered to the Registrar under paragraph (b) of the said subsection (1) shall be sent by the Registrar to such persons or institutions as the Cabinet Secretary may from time to time direct. [Act No. 22 of 1987 , Sch.] - 7 Verify source ↗
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS - 7. Copies of newspapers to be delivered to the Registrar and to the Directors, Kenya National Library Services
Publishers of newspapers printed in Kenya must, at their own expense and on every day of publication, deliver or send by registered post two copies of the newspaper and two copies of any supplement to the Registrar and to the Directors, Kenya National Library Services.
Section 7. Copies of newspapers to be delivered to the Registrar and to the Directors, Kenya National Library Services Section 7(1) The publisher of every newspaper printed in Kenya shall, upon every day upon which the newspaper is published, at his own expense deliver, or send by registered post, to the Registrar two copies of the newspaper and two copies of every supplement thereto (if any). Section 7(2) Such copies shall be of the paper on which the largest number of copies of the newspaper are printed and published, and shall be in the like condition as the copies prepared for sale or distribution. Section 7(3) The copies delivered to the Registrar under this section shall be kept for the purpose of record in such place or manner, or otherwise dealt with or disposed of in such manner or for such purposes, as may be prescribed. - 8 Verify source ↗
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS - 8. Returns of newspapers to be made to the Registrar
Publishers of newspapers printed in Kenya must file prescribed returns with the Registrar: within 14 days after first publication and every January thereafter, and within one month of any change in returned particulars (except changes in circulation).
Section 8. Returns of newspapers to be made to the Registrar Section 8(1) The publisher for the time being of every newspaper printed in Kenya shall, within fourteen days after the date on which it is first published, and in the month of January in every year thereafter, make, sign and deliver to the Registrar a return in the prescribed form in respect thereof. Section 8(2) If, after any such return has been so delivered and before the next succeeding return in respect of the same newspaper is so delivered, any change occurs in any of the particulars returned, other than a change in circulation, the publisher for the time being of the newspaper shall, within one month of the change occurring, make, sign and deliver to the Registrar a return thereof in the prescribed form. - 9 Verify source ↗
DEPOSIT AND REGISTRATION OF BOOKS AND NEWSPAPERS - 9. Penalties
Section 9 creates offences for publishing books or newspapers printed in Kenya without complying with sections 6–8, for making false returns under sections 6 or 8, and for selling or distributing items whose publisher failed to comply; courts may order delivery of copies or payment of retail price, and sellers/distributors face a fine up to twenty thousand shillings or imprisonment up to six months.
Section 9. Penalties Section 9(1)(a) publishes any book printed in Kenya and fails to comply with any of the provisions of section 6 of this Act; Section 9(1)(b) publishes any newspaper printed in Kenya and fails to comply with any of the provisions of section 7 or section 8 ; or Section 9(1)(c) makes any return under section 6 or section 8 which he knows to be false or does not believe to be true in any particular, Section 9(2) Upon conviction of a person for failure to comply with any provision of section 6 , section 7 or section 8 , the court may, in addition to or instead of imposing a penalty under subsection (1), order such person to deliver the return or the copies of the book or newspaper, as the case may be, to the Registrar not later than a specified date, or, in the case of failure to deliver copies of a book of the required number or standard, order him to pay to the Registrar the retail price of such copies. Section 9(3) Where the retail price of copies is ordered to be paid to the Registrar as aforesaid, and is so paid, the same shall be applied by him to the purchase of those copies. Section 9(4) A person who sells or distributes any book or newspaper the publisher of which has not complied with the requirements of sections 6 , 7 or 8 , shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months, or to both. [Act No. 2 of 2002 , Sch.]
Part III
BONDS
- 10 Verify source ↗
BONDS - 10. Exclusions from application of Part
Section 10(1) exempts printing or publication of newspapers by or on behalf of the Government from this Part; Section 10(2) empowers the Cabinet Secretary to exclude specified persons or classes from the Part by Gazette notice, either absolutely or subject to conditions.
Section 10. Exclusions from application of Part Section 10(1) This Part shall not apply to, or to or in respect of the printing or publication of any newspaper by or on behalf of the Government. Section 10(2) The Cabinet Secretary may, by notice in the Gazette , exclude any specified person or class of persons from the operation of all or any of the provisions of this Part, either absolutely or subject to such conditions as he may think fit. [L.N. 462/1963, Sch., Act No. 21 of 1966 , 1st Sch., L.N. 33/1972.] - 11 Verify source ↗
BONDS - 11. Bond to be executed
Persons who print or publish newspapers must have a duly executed, registered and delivered bond (prescribed form) as security—the bond must be for one million shillings and have one or more sureties as required and approved by the Registrar.
Section 11. Bond to be executed Section 11(1) No person shall print any newspaper in Kenya, and no person shall publish any newspaper printed in the Colony, unless there is in force, duly executed, registered and delivered by him to the Registrar in the manner hereinafter provided, a bond in the prescribed form in the sum of one million shillings, with one or more sureties as may be required and approved by the Registrar, as security for or towards the payment of any monetary penalty or damages which may at any time be imposed upon or adjudged against him upon his conviction for any offence, under this Act or under any other written law, committed after the execution of the bond, and relating to the printing or publication of such newspaper or of any matter therein, and also for the payment of any damages and costs awarded against him in respect of any libel printed or published in the newspaper after the execution of the bond. Section 11(2)(a) where the person required to execute it is a company, under the common seal of the company; Section 11(2)(b) in other cases, in the presence of a magistrate, and of one other witness not being a party thereto, each of whom shall subscribe his name, his place of residence or business and his office, profession or occupation. Section 11(3) Every bond shall be registered under the Registration of Documents Act (Cap. 285) by or on behalf of the person executing it and shall then be delivered to the Registrar for custody. Section 11(4) A person required to execute a bond under this section may appeal to the Cabinet Secretary against any decision of the Registrar as to the number of sureties required in excess of one or disapproving any surety offered by such person. Section 11(5) A bond entered into under this section may be enforced before any magistrate in the same manner as a bail bond under the Criminal Procedure Code (Cap. 75). [Act No. 19 of 1964 , Sch., Act No. 2 of 2002 , Sch.] - 12 Verify source ↗
BONDS - 12. Withdrawal of surety
A surety who wants to withdraw must give the Registrar and all other bound persons at least one month’s written notice; after that notice period expires the surety is discharged, but remains liable for penalties, damages, costs, offences or libels arising before discharge.
Section 12. Withdrawal of surety Section If a surety desires to withdraw from a bond, and gives to the Registrar and to all other persons bound thereby not less than one month’s notice in writing of such desire, he shall on the expiration of the period of such notice be discharged from his suretyship under the bond: Provided that the surety shall continue to be liable under the bond in respect of any penalties, damages or costs imposed, adjudged or awarded for and in respect of any offence committed, or any libel printed or published, before his discharge. - 13 Verify source ↗
BONDS - 13. New bond in certain cases
Allows giving notice of a desire to withdraw from a bond under the provisions of section 12.
Section 13. New bond in certain cases Section gives notice of his desire to withdraw from a bond under the provisions of section 12 ; or - 14 Verify source ↗
BONDS - 14. Penalty for printing or publication without bond
For a first offence of printing or publication without bond: a fine not exceeding one million shillings, or imprisonment for a term not exceeding three years, or both.
Section 14. Penalty for printing or publication without bond Section in the case of a first offence, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both; and
Part IV
GENERAL
- 15 Verify source ↗
GENERAL - 15. Inspection of register, etc., and provision of copies of and extracts from registers
Any person may inspect registers and certain records and may obtain certified copies or extracts on payment of the prescribed fee and during the usual hours of business; inspection of Registrar's books/newspapers may also be subject to prescribed conditions.
Section 15. Inspection of register, etc., and provision of copies of and extracts from registers Section 15(1) Any person may, during the usual hours of business and on payment of the prescribed fee, inspect a register, or require to be supplied with a copy of or an extract from any subsisting entry in a register, certified by the Registrar to be a true copy or extract. Section 15(2) Any person may, during such hours, on payment of such fee, and subject to such conditions, as may be prescribed, inspect any book or newspaper kept by the Registrar under this Act for the purpose of record. - 16 Verify source ↗
GENERAL - 16. Evidentiary value of copies and extracts, and of certificates
Certified copies or extracts signed by the Registrar are conclusive or prima facie evidence in legal proceedings; such certificates are presumed to be signed by the Registrar until disproved; courts may not compel production of Registrar-held records except with the court's leave (and such process must state that leave).
Section 16. Evidentiary value of copies and extracts, and of certificates Section 16(1) Every copy of an entry in, and every extract from, a register, certified under the hand of the Registrar to be a true copy or extract, shall in all legal proceedings be conclusive evidence of the contents of the register so far as the same appear in such copy or extract, and prima facie evidence of the facts appearing therein. Section 16(2) A certificate under the hand of the Registrar stating that he has or has not received any notice or return under this Act or any rules made thereunder, or that he received such a notice or return on, or did not receive such a notice or return by or before, a specified date, shall in all legal proceedings be prima facie evidence of the facts stated therein. Section 16(3) A certificate under subsection (1) or subsection (2), purporting to be signed by the Registrar, shall be presumed, until the contrary is proved, to have been signed by him. Section 16(4) No process for compelling the production of any book, newspaper, register or document kept by, or in the possession or custody of, the Registrar shall issue from any court except with the leave of that court, and any such process issued with such leave shall bear a statement that it is so issued. - 17 Verify source ↗
GENERAL - 17. Printed documents to bear the name of printer and publisher
Printed books and newspapers must show legibly in English the name and address of their printer and publisher and the places of printing and publication.
Section 17. Printed documents to bear the name of printer and publisher Section 17(1) Every book and every newspaper printed within the Colony shall have printed legibly in the English language on its first or last printed page the name and address of its printer and of its publisher and the name of the place in which it is printed and of the place in which it is published. Section 17(2) Any person who prints, publishes, sells, distributes or assists in selling or distributing any book or newspaper which does not comply with the requirements of subsection(1) shall be guilty of an offence and be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment, and in addition the court may order all copies of the book or newspaper in the custody of the court or in the possession of the offender to be forfeited or destroyed. - 18 Verify source ↗
GENERAL - 18. Printer to keep copy of book or newspaper and to produce same on demand
Printers must keep one copy of every book or newspaper for six months with the name and address of the engager and must produce it to the Registrar or a court on written demand.
Section 18. Printer to keep copy of book or newspaper and to produce same on demand Section 18(1) Every person who prints a book or newspaper shall for a period of six months after the date of the printing thereof keep one copy thereof on which he shall write or print the name and the business, residential or postal address of the person by whom he was engaged to print it, and shall forthwith produce the same to the Registrar or to any court, judge or magistrate if required by the Registrar or such court, judge or magistrate, by notice in writing, so to do. Section 18(2) Any person who fails to comply with the provisions of subsection (1) or of any notice thereunder served on him shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. [Act No. 2 of 2002 , Sch.] - 19 Verify source ↗
GENERAL - 19. Power to seize certain books, etc., and to search premises
Police officers may seize books or newspapers suspected to be printed or published in contravention of the Act; magistrates may issue warrants to authorize searches and seizures and may order forfeiture or destruction of seized items; certain senior police may act without a warrant where delay would defeat the Act's purposes.
Section 19. Power to seize certain books, etc., and to search premises Section 19(1) Any police officer may seize any book or newspaper, wherever found, which has been printed or published, or which he reasonably suspects to have been printed or published, in contravention of this Act. Section 19(2) Any magistrate may by warrant authorize any police officer not below the rank of Assistant Inspector, with or without assistance, to enter and search any place where it is reasonably suspected that any books or newspapers printed or published in contravention of this Act are being kept or that any other offence under this Act or any rules thereunder has been, is being or is about to be committed, and to seize any books and newspapers found therein which he reasonably suspects to have been so printed or published, together with any other evidence of the commission of an offence under this Act or any rules thereunder which may be there found. Section 19(3) If any police officer not below the rank of Assistant Inspector has reasonable cause to believe that the delay which would occur in obtaining a search warrant under subsection (2) would, or would tend to, defeat the purposes of this Act, he may, without warrant, exercise the powers described in that subsection as if he had obtained a search warrant thereunder. Section 19(4) Any book, newspaper or other thing seized under this section shall be brought as soon as practicable before a magistrate, who may, if he is satisfied that the book or newspaper was printed or published in contravention of this Act or any rules thereunder, or that such other thing has been used in the commission of an offence under this Act or any rules thereunder, order that it be forfeited or destroyed. - 20 Verify source ↗
GENERAL - 20. Offences by corporations, societies, etc.
Managers and persons in control of a company, society or similar body are guilty of offences committed by that entity and liable to punishment unless they prove lack of knowledge or that they took all reasonable steps to prevent the offence.
Section 20. Offences by corporations, societies, etc. Section Where any offence under this Act or under any rules made thereunder is committed by a company or other body corporate, or by a society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission. - 21 Verify source ↗
GENERAL - 21. Service of notices
Notices under this Act may be served personally or by registered post; for companies and similar bodies service may be made on specified officers or at the registered office or, if none, at any place where it carries on business.
Section 21. Service of notices Section Service of any notice under this Act or any rules made thereunder may be effected either personally on the person to whom it is addressed or by registered post; and, where the person to be served is a company or other body corporate, or a society, association or other body of persons, service of the notice thereon may be effected by serving the same personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the company, body corporate, society, association or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business. - 22 Verify source ↗
GENERAL - 22. Rules
Prescribes the forms of registers, returns, applications, notices and bonds, and other forms to be used under this Act.
Section 22. Rules Section prescribing the forms of registers, returns, applications, notices and bonds, and other forms, to be used under this Act;
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Books and Newspapers Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.