Kenya Broadcasting Corporation Act

The Act may be cited as the Kenya Broadcasting Corporation Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 221
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Act may be cited as the Kenya Broadcasting Corporation Act. Defines the scope of 'Section' as serving to convey messages, sounds or visual images or to actuate or control machinery or apparatus. Establishes the Kenya Broadcasting Corporation and states it is a body corporate with perpetual succession and a common seal, and that it has powers to sue and be sued and to acquire, hold and dispose of property; its headquarters shall be in Nairobi. The President appoints the Chairperson of the Board. The Cabinet Secretary must appoint a Managing Director after consultation with the Board (except the first Managing Director), and the Board must appoint a Deputy Managing Director and a secretary.

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Provisions of Kenya Broadcasting Corporation Act

Showing 54 of 54

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title and application
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The Act may be cited as the Kenya Broadcasting Corporation Act.

Section 1. Short title and application Section 1(1) This Act may be cited as the Kenya Broadcasting Corporation Act. Section 1(2) Deleted by ActNo. 1 of 2009, s. 36. [Act No. 1 of 2009 , s. 36.]
2
PRELIMINARY - 2. Interpretation
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Defines the scope of 'Section' as serving to convey messages, sounds or visual images or to actuate or control machinery or apparatus.

Section 2. Interpretation Section serves for the conveying of the message, sound or visual images (whether the messages, sound or visual images are actually received by any person or not) or for the actuation or control of machinery or apparatus; or

Part II

ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION

3
ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 3. Establishment of the Corporation
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Establishes the Kenya Broadcasting Corporation and states it is a body corporate with perpetual succession and a common seal, and that it has powers to sue and be sued and to acquire, hold and dispose of property; its headquarters shall be in Nairobi.

Section 3. Establishment of the Corporation Section 3(1) There shall be established a Corporation to be known as Kenya Broadcasting Corporation. Section 3(2) The Corporation shall be a body corporate with perpetual succession and a common seal and shall have power to sue and to be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Corporation. Section 3(3) The Headquarters of the Corporation shall be in Nairobi.
4
ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 4. Establishment of the Board
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The President appoints the Chairperson of the Board.

Section 4. Establishment of the Board Section a Chairperson of the Board appointed by the President;
5
ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 5. Managing Director
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The Cabinet Secretary must appoint a Managing Director after consultation with the Board (except the first Managing Director), and the Board must appoint a Deputy Managing Director and a secretary.

Section 5. Managing Director Section 5(1) There shall be a managing director of the Corporation who shall be appointed by the Cabinet Secretary after consultation with the Board whose terms and conditions of service shall be determined by the Cabinet Secretary in the instruments of appointment or otherwise in writing from time to time: Provided that the first Managing Director shall be appointed by the Cabinet Secretary without the consultation under this subsection. Section 5(2) The Board shall appoint a Deputy Managing Director and a secretary of the Corporation, whose terms and conditions of service shall be determined under section 15 .
6
ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 6. Further provisions relating to the Board
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The First Schedule applies to the constitution of the Board.

Section 6. Further provisions relating to the Board Section The First Schedule shall have effect with respect to the constitution of the Board and otherwise in relation thereto.
7
ESTABLISHMENT AND MANAGEMENT OF THE CORPORATION - 7. Remuneration of directors
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The Corporation must pay directors (except the Managing Director and salaried public officers) remuneration, fees or allowances for expenses according to scales set by the State Corporations Advisory Committee under the State Corporations Act (Cap. 446).

Section 7. Remuneration of directors Section The Corporation shall pay to the directors other than the Managing Director and public officers in receipt of a salary, such remuneration, fees or allowances for expenses according to the scales of remuneration specified for the Corporation from time to time by the State Corporations Advisory Committee under the State Corporations Act ( Cap. 446 ).

Part III

POWERS AND FUNCTIONS OF THE CORPORATION

10
POWERS AND FUNCTIONS OF THE CORPORATION - 10. Board to lay down standards
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The Board must issue written directions establishing general standards of taste, impartiality and accuracy for all Corporation programmes; officers (especially the Managing Director) must ensure those standards are maintained.

Section 10. Board to lay down standards Section 10(1) The Board shall give directions in writing laying down general standards of taste, impartiality and accuracy for the contents, including advertisements, of all programmes broadcast by the Corporation. Section 10(2) It shall be the duty of all officers and servants of the Corporation and in particular of the Managing Director to ensure that standards so laid down are maintained.
11
POWERS AND FUNCTIONS OF THE CORPORATION - 11. Functions of the Managing Director
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The Managing Director is vested with control and executive management of the Corporation and has specified powers including establishing facilities, regulating broadcast content, approving expenditures and personnel-related alterations, and allocating functions.

Section 11. Functions of the Managing Director Section 11(1) Subject to this Act, the control and executive management of the Corporation shall be vested in the Managing Director. Section 11(2)(a) establish and operate production and transmission facilities, and services related thereto; Section 11(2)(b) plan, regulate and control the content and balance of all broadcasts by the Corporation; Section 11(2)(c) approve recurrent expenditure within limits determined by the Board; Section 11(2)(d) approve any individual capital work of which the estimated cost does not exceed one million shillings or such other sum as the Cabinet Secretary may by order determine; Section 11(2)(e) approve any alteration in salaries, wages or other terms and conditions of service of employees of the Corporation not involving expenditure in excess of the limits determined by the Board within its powers; Section 11(2)(f) approve any alteration in the establishment of the Corporation other than an alteration involving a major re-organization or a substantial reduction in the number of employees; and Section 11(2)(g) allocate functions to employees of the Corporation. Section 11(3)(a) deleted by ActNo. 1 of 2009, s. 36; Section 11(3)(b) deleted by ActNo. 1 of 2009, s. 36; Section 11(3)(c) deleted by ActNo. 1 of 2009, s. 36; Section 11(3)(d) deleted by ActNo. 1 of 2009, s. 36; Section 11(3)(e) deleted by ActNo. 1 of 2009, s. 36; Section 11(3)(f) personnel and administration; Section 11(3)(g) finance.
12
POWERS AND FUNCTIONS OF THE CORPORATION - 12. Broadcasting advisory councils
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The Board may establish an advisory council; the council must have between seven and thirteen appointed members and shall not engage in day-to-day broadcasting administration; the Board shall appoint members and one member as Chairperson.

Section 12. Broadcasting advisory councils Section 12(1) For the better carrying out of the powers, duties and functions of the Corporation the Board may establish an advisory council to advise the Board on any matter concerning the broadcasting service of the Corporation. Section 12(2) An advisory council shall consist of not less than seven and not more than thirteen persons, each appointed by the Board and the Board shall appoint one of the members to be Chairperson. Section 12(3) An advisory council shall not take part in the day-to-day business of broadcasting administration in the Corporation. Section 12(4) The Second Schedule shall apply with respect to advisory councils.
13
POWERS AND FUNCTIONS OF THE CORPORATION - 13. Matter to be broadcast in and costs of external services
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The Corporation must broadcast external programmes as specified by the Cabinet Secretary after consultation; must consult and collaborate with specified Ministries and Departments and obtain information from them; and the full net cost of external services must be borne from funds provided by Parliament for the Corporation.

Section 13. Matter to be broadcast in and costs of external services Section 13(1)(a) broadcast programmes in the external services to such countries, in such languages and at such times as may from time to time be specified by the Cabinet Secretary after consultation with the Corporation; Section 13(1)(b) consult and collaborate with such Ministries and Departments of the Government as may be specified in writing by the Cabinet Secretary and shall obtain and accept from them such information regarding conditions in, and the policies of the Government of Kenya towards, the countries specified and other countries as will enable the Corporation to plan and prepare its programmes in the external services in the interests of Kenya. Section 13(2) The full net cost of providing and transmitting external services shall be borne from funds specially provided to the Corporation by Parliament for that purpose.
14
POWERS AND FUNCTIONS OF THE CORPORATION - 14. Announcements and programmes of national importance
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The Corporation must broadcast announcements or programmes of national importance when required in writing by the Cabinet Secretary (or an authorized person); it may choose whether to state that a broadcast was at the Cabinet Secretary's request; the Government retains the right to submit items for broadcasting at the Corporation's discretion.

Section 14. Announcements and programmes of national importance Section 14(1) The Corporation shall, whenever so required in writing by the Cabinet Secretary or by any person authorized in that regard by the Cabinet Secretary in writing, broadcast announcements or programmes of national importance, whether by sound or television. Section 14(2) The Corporation, when broadcasting any announcement or programmes under this section, may at its discretion announce or refrain from announcing that it is broadcast at the request of the Cabinet Secretary. Section 14(3) Nothing in this section shall be deemed to limit the right of the Government to submit to the Corporation items of general interest or utility for broadcasting at the discretion of the Corporation.
8
POWERS AND FUNCTIONS OF THE CORPORATION - 8. Duties of the Corporation
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Section 8 lists duties of the Corporation, including providing independent and impartial broadcasting services (in English and Kiswahili and other languages as decided), operating and acquiring broadcasting facilities, advising government, appointing contractors, ensuring impartiality and standards, offering commercial advertising facilities at determined fees, providing daily news services, maintaining fair political-viewpoint balance, and allocating free campaign air time in consultation with the Independent Electoral and Boundaries Commission.

Section 8. Duties of the Corporation Section 8(1)(a) provide independent and impartial broadcasting services of information, education and entertainment, in English and Kiswahili and in such other languages as the Corporation may decide; Section 8(1)(b) provide, if the Cabinet Secretary so requires, an external broadcasting service for reception in countries outside Kenya and may for that purpose, subject to the acquisition of any requisite licence, concessions, rights or privileges, construct or acquire and establish, install, equip and use radio communication stations in countries or places outside Kenya or in space; Section 8(1)(c) control and operate such plant, property, installations and services as are, or may be, acquired by the Corporation under this Act; Section 8(1)(d) advise the Government on all matters relating to the broadcasting services and to matters appertaining to the Corporation generally; Section 8(1)(e) appoint and enter into agreements with such contractors and artistes as may be necessary for the purposes of this Act; Section 8(1)(f) conduct the broadcasting services with impartial attention to the interests and susceptibilities of the different communities in Kenya; Section 8(1)(g) ensure the observation of standards of broadcasting and commercial advertising; Section 8(1)(h) provide facilities for commercial advertising and for the production of commercial programmes at such fee or levy as the Corporation may determine; Section 8(1)(i) include in its sound and television programmes a daily service of news, which shall be broadcast in English and Kiswahili and such other languages as the Corporation may decide at such times as the Corporation may determine; Section 8(1)(j) keep a fair balance in all respects in the allocation of broadcasting hours as between different political viewpoints; Section 8(1)(k) in consultation with the Independent Electoral and Boundaries Commission, during the campaign period preceding any presidential, parliamentary or local government election, allocate free air time to registered political parties participating in the election to expound their policies. Section 8(1A) In subsection (1)(j), the expression "campaign period" means the period between the initiation of an election under the provisions of the relevant law pertaining to the election and the eve of the polling day. Section 8(2)(a) to produce, manufacture, purchase or otherwise acquire, and sell or otherwise dispose of, films, gramophone and other mechanical records, tapes, wires, perforated rolls or other contrivances by means of which any words, visual images or ideas may be mechanically or electronically produced, reproduced, represented or conveyed and materials and apparatus for use in connection with the broadcasting services; Section 8(2)(b) to provide to and receive from other persons material to be broadcast; Section 8(2)(c) to organize, provide and subsidize public entertainment for broadcast or for any connected purpose; Section 8(2)(d) to collect news and information in or from any part of the world and in any manner that may be thought fit and to establish and subscribe to news agencies; Section 8(2)(e) to establish offices and agencies in Kenya and elsewhere; Section 8(2)(f) to acquire by registration, purchase or otherwise copyrights in any matter and any trade-marks and trade names and sell copyright or use, exercise, develop and grant licences in furtherance of the powers, duties and functions of the Corporation; Section 8(2)(g) to complete, publish, print and distribute, with or without charge, matter that may be conducive to the performance of any of the duties of the Corporation, or to enter into contract with any person for that purpose; Section 8(2)(h) to do anything for the purpose of advancing the skill of persons employed or to be employed by the Corporation, or the efficiency of the equipment of the Corporation or the manner in which the equipment is operated, including the provision by the Corporation, and the assistance of the provision by others, of facilities for training, education and research; Section 8(2)(i) to accept for broadcasting, with or without charge, advertisements and announcements which do not conflict with the general policy of the Corporation; Section 8(2)(j) to make available to broadcasting organizations the use of its sound and television studios upon such terms as the Corporation may determine for the purpose of preparing programmes for broadcasting; Section 8(2)(k) to carry on or operate such services, including wired distribution services, as are conducive to the exercise of its duties; Section 8(2)(l) to apply for and obtain, purchase or otherwise acquire and turn to account in any fitting manner any letters patent or patent rights or any interest in letters patent, patent rights, brevets d’invention , licences, concessions and the like conferring any right to use secret or other information concerning any invention useful to the purposes and functions of the Corporation; Section 8(2)(m) to establish and support or aid in the establishment or support of associations, institutions, funds, trusts and amenities for the benefit of employees or former employees of the Corporation or their dependants or relatives, and to grant pensions and allowances, to make payments towards insurances and to subscribe or guarantee money for charitable or benevolent objects or for any exhibition or for any public, general or useful project; Section 8(2)(n) with the approval of the Cabinet Secretary, to establish companies whose objects include any of the Corporation’s powers, functions or duties whose business is capable of being carried on in such a way as to facilitate or advance those powers, functions or duties, and to purchase or otherwise acquire stocks, shares or securities of, and subsidize and assist, the companies; Section 8(2)(o) subject to section 39 , to borrow or raise or secure the payment of money in Kenya or elsewhere.
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POWERS AND FUNCTIONS OF THE CORPORATION - 9. Assumption of the broadcasting services of the Government
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The Corporation must assume the Government's broadcasting services that operated under the Kenya Broadcasting Corporation (Nationalization) Act, 1967 (Repealed).

Section 9. Assumption of the broadcasting services of the Government Section 9(1) The Corporation shall assume the broadcasting services of the Government operating under the Kenya Broadcasting Corporation (Nationalization) Act, 1967 (Repealed). Section 9(2) Deleted by ActNo. 7 of 1990, Sch. Section 9(3) Deleted by ActNo. 1 of 2009, s. 36. [Act No. 7 of 1990 , Sch., Act No. 1 of 2009 , s. 36.]

Part IV

STAFF

15
STAFF - 15. Employment of officers, servants and agents
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The Corporation may appoint and employ officers, servants and agents; and the Corporation must, within two years and six months after commencement, make provision for a staff superannuation scheme enabling the President to treat service with the Corporation as public service under the Pensions Act (Cap. 189).

Section 15. Employment of officers, servants and agents Section 15(1) Subject to this Part, the Corporation may appoint and employ such officers, servants and agents as it deems necessary for the discharge of its functions and duties under this Act upon such terms and conditions of service as the Board may determine, in consultation with the State Corporations Advisory Committee established under the State Corporations Act (Cap. 446). Section 15(2) The Corporation shall within two years and six months after the commencement of this Act, make provision for a staff superannuation scheme of a type that will enable the President to determine service with the Corporation to be a public service for the purposes of the Pensions Act ( Cap. 189 ). [Act No. 7 of 1990 , Sch.]
16
STAFF - 16. Officers seconded from Government service
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The Corporation must employ public officers seconded by the Government; the Government may determine secondments at any time; the Corporation may request determination but must first give the officer written notice before making such a request.

Section 16. Officers seconded from Government service Section 16(1) The Corporation shall, subject to this section, employ such public officers as may be seconded by the Government. Section 16(2) The Government may at any time determine the secondment of any public officer who has been seconded to the service of the Corporation under the provisions of this section, and the Corporation may request the Government to determine the secondment of any such officer: Provided that no such request shall be made unless the Corporation has first given to the officer written notice of the Corporation’s intention to make the request.
17
STAFF - 17. Officers of employment with Corporation
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The Corporation must, within two years and six months from commencement, offer employment to every officer seconded from the Government whose secondment has not been terminated under section 16(2).

Section 17. Officers of employment with Corporation Section 17(1) The Corporation shall, within a period of two years and six months from the date of commencement of this Act, offer to every officer seconded to the Corporation from the service of the Government, and whose secondment has not been terminated under subsection (2) of section 16 , employment by the Corporation from such date upon such terms and conditions as may be specified in the offer. Section 17(2) Any officer who fails to accept in writing an offer made to him by the Corporation under subsection (1) within six months after the offer has been made to him shall be deemed to have refused the offer. Section 17(3) If an officer refuses an offer made to him by the Corporation in accordance with subsection (1) the obligation to employ the officer imposed on the Corporation by subsection (1) of section 16 shall determine upon the expiration of the period of six months following the date of the refusal. Section 17(4) When an officer accepts an offer made to him by the Corporation under subsection (1) his service with the Corporation shall be deemed to have commenced, and his service with the Government to have ceased, on the date specified in that offer. [Act No. 7 of 1990 , Sch.]
18
STAFF - 18. Corporation to reimburse Government for seconded officers
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The Corporation must reimburse the Government for the cost of officers seconded to the Corporation; the Principal Secretary to the National Treasury's certificate of such cost is conclusive proof.

Section 18. Corporation to reimburse Government for seconded officers Section 18(1) The Corporation shall reimburse to the Government the cost to the Government of any officers seconded to the Corporation under section 16 . Section 18(2) The certificate of the Principal Secretary to the National Treasury as to such cost shall be conclusive proof of such cost.
19
STAFF - 19. Corporation to make staff regulations
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The Corporation has the power to make staff regulations relating to the appointment, dismissal, discipline, pay and leave of, and the security to be given to, officers and servants.

Section 19. Corporation to make staff regulations Section the appointment, dismissal, discipline, pay and leave of, and the security to be given to, officers and servants;

Part IX

TRANSITIONAL PROVISIONS

54
TRANSITIONAL PROVISIONS - 54. Transitional provisions
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Vests the assets and rights of the Voice of Kenya in a new Corporation, transfers related rights, liabilities, duties, proceedings and staff to the Corporation, and treats references to the Government regarding the Voice of Kenya as references to the Corporation.

Section 54. Transitional provisions Section 54(1) The funds, assets and other movable and immovable property held by the Government for and on behalf of the "Voice of Kenya" shall be vested by virtue of this subsection without further assurance, in the Corporation. Section 54(2) Every public officer employed to effect or amend any entry in any register relating to property, or to issue or amend any certificate, or other document affecting or evidencing title to property shall do everything necessary under the law to transfer any property vested in the Corporation by this paragraph. Section 54(3) All rights, powers, liabilities and duties whether arising under any written law or otherwise, vested in, imposed on, or enforceable by or against the Government for or in respect of the Voice of Kenya shall be transferred to, vested in, imposed on or enforceable by or against the Corporation. Section 54(4) Any action, suit or legal arbitration proceedings, or any application to any authority, by or against the Government for or in respect of the Voice of Kenya shall not abate, be discontinued or be prejudicially affected because of this Act but may be prosecuted or continued by or against the Corporation, and any judgement or award obtained by or against the Government for or in respect of the Voice of Kenya, and not fully satisfied shall be enforceable by or against the Corporation. Section 54(5) In any legal or arbitration proceedings concerning any right or liability transferred to or vested in the Corporation by this Act, a certificate by the accounting officer of the Ministry for the time being responsible for matters relating to Broadcasting, stating that the right or liability has been so transferred or vested shall be prima facie evidence thereof. Section 54(6) Any reference in any written law, or in any document or any instrument, to the Government, for or in respect of the Voice of Kenya, shall be read and construed as a reference to the Corporation established by this Act. Section 54(7) All directions, orders, rules, appointments, requirements, authorizations and any other things made or done by the Government for or in respect of the Voice of Kenya, shall be deemed to have been given, made or done by the Corporation. Section 54(8) Unless the Board otherwise directs and subject to Part IV, all persons who are members of the staff of the Voice of Kenya, immediately before the coming into operation of this Act, shall be members of staff of the Corporation if they so desire and shall be deemed to have been appointed under this Act.

Part V

ARTISTES

20
ARTISTES - 20. Employment of artistes
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The Corporation may employ artistes to participate in its broadcasting and other services, subject to terms and conditions the Board decides.

Section 20. Employment of artistes Section The Corporation may, upon such terms and conditions as the Board shall determine, employ artistes to participate in the broadcasting services of the Corporation and such other services including the production of programmes as the Board shall deem necessary for the purposes of the Corporation.

Part VI

LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION

21
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 21.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 21 has been deleted.

Section 21.[Deleted by ActNo. 1 of 2009, s. 36.]
22
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 22.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 22 has been deleted by ActNo. 1 of 2009, s. 36.

Section 22.[Deleted by ActNo. 1 of 2009, s. 36.]
23
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 23.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 23 has been deleted.

Section 23.[Deleted by ActNo. 1 of 2009, s. 36.]
24
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 24.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 24 deleted by ActNo. 1 of 2009, s. 36.

Section 24.[Deleted by ActNo. 1 of 2009, s. 36.]
25
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 25.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 25 has been deleted.

Section 25.[Deleted by ActNo. 1 of 2009, s. 36.]
26
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 26.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 26 has been deleted.

Section 26.[Deleted by ActNo. 1 of 2009, s. 36.]
27
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 27.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 27 is deleted.

Section 27.[Deleted by ActNo. 1 of 2009, s. 36.]
28
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 28.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 28 has been deleted.

Section 28.[Deleted by ActNo. 1 of 2009, s. 36.]
29
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 29.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 29 has been deleted.

Section 29.[Deleted by ActNo. 1 of 2009, s. 36.]
30
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 30.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 30 has been deleted.

Section 30.[Deleted by ActNo. 1 of 2009, s. 36.]
31
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 31.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 31 has been deleted by Act No. 1 of 2009, s. 36.

Section 31.[Deleted by ActNo. 1 of 2009, s. 36.]
32
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 32.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 32 deleted.

Section 32.[Deleted by ActNo. 1 of 2009, s. 36.]
33
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 33.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 33 has been deleted (deleted by ActNo. 1 of 2009, s. 36).

Section 33.[Deleted by ActNo. 1 of 2009, s. 36.]
34
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 34.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 34 has been deleted: "Deleted by ActNo. 1 of 2009, s. 36."

Section 34.[Deleted by ActNo. 1 of 2009, s. 36.]
35
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 35.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 35 deleted.

Section 35.[Deleted by ActNo. 1 of 2009, s. 36.]
36
LICENSING OF BROADCAST RECEIVING APPARATUS AND CONNECTED FUNCTIONS OF THE CORPORATION - 36.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 36 has been deleted.

Section 36.[Deleted by ActNo. 1 of 2009, s. 36.]

Part VII

FINANCES OF THE CORPORATION AND CONTROL THEREOF

37
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 37. Government grants
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The Government may make grants to the Corporation for the purposes of the Corporation and for carrying this Act into effect.

Section 37. Government grants Section The Government may make grants to the Corporation as are necessary for the purposes of the Corporation and for carrying this Act into effect.
38
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 38. Principles of operation
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The Corporation must run its business on commercial principles to cover revenue and secure a minimum annual return on net fixed assets; the Cabinet Secretary may direct the required percentage; the Corporation may invest its funds subject to section 41.

Section 38. Principles of operation Section 38(1) It shall be the duty of the Corporation to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to revenue account, including proper allocations to the general reserve and provision in respect of depreciation of capital assets, pension liabilities and interest and other provision for the repayment of loans, and further to ensure that, taking one year with another, its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by the Corporation of such percentage as the Cabinet Secretary may from time to time direct. Section 38(2)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses, including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; and Section 38(2)(b) "value of the net fixed assets in operation" shall be the gross value of such assets less the amount of accumulated depreciation shown in the statement of account of the Corporation: Section 38(3) In the exercise of its duty under subsection (1), the Corporation may, subject to section 41 , invest moneys standing to the credit of the Corporation in such securities as the Board thinks fit.
39
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 39. Borrowing powers
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Allows the Corporation to borrow money (including by issuing loan stock) with approval or concurrence of the Cabinet Secretary responsible for finance, charges approved borrowings on the Corporation's property, and prohibits mortgages or charges except as provided in the section.

Section 39. Borrowing powers Section 39(1) The Corporation may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary for time being responsible for finance. Section 39(2) The Corporation may otherwise borrow money or obtain credit in Kenya or elsewhere for the purposes of the Corporation with the concurrence of, and subject to such limitations as may be imposed by the Cabinet Secretary responsible for finance. Section 39(3) Stock issued under subsection (1) and moneys borrowed or credit obtained under subsection (2) approved by the Cabinet Secretary responsible for finance for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting the borrowing shall otherwise provide, be charged upon all the property, undertaking and revenue of the Corporation by operation of this section and without further charge or instrument. Section 39(4) Except as provided in this section, the Corporation shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.
40
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 40. Financial year
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The Corporation's financial year is 12 months from 1 July to 30 June; the first financial year runs from the Act's commencement to the next 30 June.

Section 40. Financial year Section The financial year of the Corporation shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the next succeeding year: Provided that the first financial year of the Corporation shall be the period commencing on the date of commencement of this Act and ending on the 30th June subsequent to that date.
41
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 41. Investment of funds
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The Board may invest the Corporation's funds in certain approved securities and may deposit money not immediately required with banks or financial institutions it determines.

Section 41. Investment of funds Section 41(1) The Board may invest any of the funds of the Corporation in securities in which for the time being a trustee may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for the purpose. Section 41(2) The Board may place on deposit with such bank or banks or financial institutions as it may determine any moneys not immediately required for the purposes of the Corporation.
42
FINANCES OF THE CORPORATION AND CONTROL THEREOF - 42. Annual estimates
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The Board must prepare and approve annual revenue and expenditure estimates before each financial year, submit them to the Cabinet Secretary for approval, and may not increase any sums after approval without the Cabinet Secretary's consent; the Board may create funds for future or contingent liabilities.

Section 42. Annual estimates Section 42(1) Before the commencement of a financial year the Board shall cause to be prepared estimates of the revenue and expenditure of the Corporation for that year. Section 42(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Corporation; Section 42(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Corporation; Section 42(2)(c) for the maintenance of the buildings and grounds of the Corporation; Section 42(2)(d) for the proper maintenance, repair and replacement of any installation and of the equipment and other moveable property of the Corporation; Section 42(2)(e) for the funding of the broadcasting services and training and research activities of the Corporation; Section 42(2)(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or installations or equipment and in respect of such other matters as the Board may think fit. Section 42(3) Annual estimates shall be approved by the Board before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given his approval the Board shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 42(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 authorization of the Board given with the prior approval of the Cabinet Secretary.
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FINANCES OF THE CORPORATION AND CONTROL THEREOF - 43. Accounts and audit
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The Board must keep full books and records of the Corporation; the Auditor-General must audit and report annually on those accounts; the Corporation must bear the costs of auditing.

Section 43. Accounts and audit Section 43(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure and assets and liabilities of the Corporation. Section 43(2)(a) a statement of income and expenditure during the year; and Section 43(2)(b) a statement of the assets and liabilities of the Corporation on the last day of that year. Section 43(3) The accounts of the Corporation shall be audited and reported on annually by the Auditor-General under Part VII of the Public Audit Act ([Cap. 412B). Section 43(4) The expenses of and incidental to the auditing of the accounts of the Corporation shall be borne by the Corporation.

Part VIII

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 44. Proceedings on failure of Corporation to comply with the Act
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The Cabinet Secretary may, by written notice, require the Board to remedy any failure of the Corporation to comply with the Act within a time specified in the notice.

Section 44. Proceedings on failure of Corporation to comply with the Act Section If at any time it appears to the Cabinet Secretary that the Corporation has failed to comply with any of the provisions of this Act, he may, by notice in writing, require the Board to make good the default within such time as may be specified in such notice.
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MISCELLANEOUS PROVISIONS - 45. Delegation and signification
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The Board and the managing director may delegate their powers and grant powers of attorney; the Board or Managing Director may have acts or notifications signed by an authorized employee.

Section 45. Delegation and signification Section 45(1) The Board and the managing director may delegate to any person any of the powers vested in them under this Act and may grant to any person powers of attorney. Section 45(2) Any act or decision, or notification thereof, of the Board or the Managing Director under this Act may be signified under the hand of an employee authorized for that purpose.
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MISCELLANEOUS PROVISIONS - 46. Limitation
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A legal action against the Corporation may not be commenced until at least one month after the plaintiff (or agent) has served written notice with particulars and intention on the Managing Director.

Section 46. Limitation 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 the intention to commence the action or legal proceedings, has been served upon the Managing Director by the plaintiff or his agent;
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MISCELLANEOUS PROVISIONS - 47. Restriction on execution against property of Corporation
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If a judgment or order is obtained against the Corporation, the Managing Director must promptly pay from the Corporation's revenue any amounts awarded by that judgment or order.

Section 47. Restriction on execution against property of Corporation Section where any judgment 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 Managing Director 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;
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MISCELLANEOUS PROVISIONS - 48. Service of notice, etc.
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A notice may be served by delivering it to that person.

Section 48. Service of notice, etc. Section by delivering it to that person; or
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MISCELLANEOUS PROVISIONS - 49.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 49 was deleted.

Section 49.[Deleted by ActNo. 1 of 2009, s. 36.]
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MISCELLANEOUS PROVISIONS - 50.[Deleted by ActNo. 1 of 2009, s. 36.]
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Section 50 has been deleted (Deleted by ActNo. 1 of 2009, s. 36).

Section 50.[Deleted by ActNo. 1 of 2009, s. 36.]
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MISCELLANEOUS PROVISIONS - 51. Application ofCap. 204
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The Protected Areas Act applies to the grounds, buildings and installations of the Corporation as if an order under section 3 of that Act had been made.

Section 51. Application ofCap. 204 Section The Protected Areas Act shall apply to the grounds, buildings and installations of the Corporation as though an order for the protection of the grounds, buildings and installations had been made under section 3 of that Act.
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MISCELLANEOUS PROVISIONS - 52. Protection on use of name
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Names that include any of the words "broadcast", "broadcasting", "diffusion", "re-diffusion", "radio" or "television" together with words such as "Kenya", "Kenyan", "East Africa", "East African", "national", "State", "general" or "Corporation" are subject to protection on use of name.

Section 52. Protection on use of name Section a name which includes, with the word "broadcast" or "broadcasting" or "diffusion" or "re-diffusion" or "radio" or "television", the word "Kenya" or "Kenyan" or "East Africa" or "East African" or "national" or "State" or "general" or "Corporation"; or
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MISCELLANEOUS PROVISIONS - 53. Regulations
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The Cabinet Secretary may, after consulting the Board, make regulations to carry into effect provisions of this Act except Part VI.

Section 53. Regulations Section The Cabinet Secretary may, after consultation with the Board, make regulations for the better carrying into effect of any or all of the provisions of this Act other than Part VI.

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