Kenya Act or statute

Parliament of Kenya

Media Council Act

Jurisdiction: Kenya
Structure: 50 provisions
Citation: Cap. 411B
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

“The Act may be cited as the Media Council Act.”

The Act may be cited as the Media Council Act. Provides definitions of terms used in the Act (interpretation of key phrases such as "Cabinet Secretary", "Commission", "Council", "journalist", "media enterprise", etc.). The Cabinet Secretary, the Council and committees established under this Act must be guided by values and principles enshrined in the Constitution when exercising powers and discharging functions under the Act. Section 4. Application of the Act Section media enterprises; The Council must conduct its business and affairs in accordance with the First Schedule.

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PRELIMINARY - 1. Short title

The Act may be cited as the Media Council Act.

Section 1

ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 18. Removal of Secretary

The Secretary may be removed for listed grounds and must be given sufficient notice of allegations and an opportunity to present a defence.

Section 18

FINANCIAL PROVISIONS - 26. Accounts and audit

The Council must ensure proper books and other records of accounts of its income, expenditure, assets and liabilities are kept.

Section 26

COMPLAINTS AND DISPUTE RESOLUTION - 38. Decisions of the Complaints Commission

Section 38 lists orders and directions the Complaints Commission may make, including apologies, returns/repairs, directives on freedom of expression, reprimands, publication orders, fines (with specified maxima), criticisms in reasons, recommendations to the…

Section 38

PROVISIONS ON DELEGATED POWERS - 50. Regulations

Section 50

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Showing 50 of 50 provisions

Provision 41Offence 4Interpretation 2Short title

Part 1

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Media Council Act.

Section 1. Short title Section This Act may be cited as the Media Council Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Provides definitions of terms used in the Act (interpretation of key phrases such as "Cabinet Secretary", "Commission", "Council", "journalist", "media enterprise", etc.).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to the media; "code of conduct" means the code of conduct for journalists and media enterprises provided under section 45 and set out in the Second Schedule; "Commission" means the Complaints Commission established under section 27 ; "Council" means the Media Council of Kenya established under section 5 ; "Court" means the High Court established under Article 165(1) of the Constitution; "foreign journalist" means any journalist who is not a citizen of Kenya and accredited as such under this Act; "journalism" means the collecting, writing, editing and presenting of news or news articles in newspapers and magazines, radio and television broadcasts, in the internet or any other manner as may be prescribed; "journalist" means any person who is recognised as such by the Council upon fulfilment of a criteria set by the Council; "media" means the production of electronic and print media for circulation to the public, but does not include book publishing; "media enterprise" means an organization whose business involves the collection, processing and dissemination of news or news articles, or in entertainment and education through the media; "political party" has the same meaning as assigned to it under Article 260 of the Constitution; "programme" means sounds or visual images or combination of sounds and visual images that are intended to inform, enlighten or entertain; "publication" means the dissemination to the public of any written, audio or video material, and includes materials disseminated through the internet.

Section 2Verify source

§ 3PRELIMINARY - 3. Guiding principlesProvision

The Cabinet Secretary, the Council and committees established under this Act must be guided by values and principles enshrined in the Constitution when exercising powers and discharging functions under the Act.

Section 3. Guiding principles Section 3(1) In exercise of the powers and discharge of functions under this Act, the Cabinet Secretary, the Council and committees established under this Act shall be guided by values and principles enshrined in the Constitution. Section 3(2)(a) reflect the interests of all sections of society; Section 3(2)(b) be accurate and fair; Section 3(2)(c) be accountable and transparent; Section 3(2)(d) respect the personal dignity and privacy of others; Section 3(2)(e) demonstrate professionalism and respect for the rights of others; and Section 3(2)(f) be guided by the national values and principles of governance set out under Article 10 of the Constitution.

Section 3Verify source

§ 4PRELIMINARY - 4. Application of the ActProvision

Section 4. Application of the Act Section media enterprises;

Section 4Verify source

Part II

ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA

§ 10ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 10. Conduct of businessProvision

The Council must conduct its business and affairs in accordance with the First Schedule.

Section 10. Conduct of business Section The business and affairs of the Council shall be conducted in accordance with the First Schedule.

Section 10Verify source

§ 11ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 11. Independence of the CouncilProvision

The Council must be independent of control by government, political or commercial interests.

Section 11. Independence of the Council Section The Council shall be independent of control by government, political or commercial interests.

Section 11Verify source

§ 12ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 12. Tenure and terms of office members of the councilProvision

The chairperson and members of the Council serve three-year terms, may be re-appointed once for a final three-year term, and serve on a part-time basis.

Section 12. Tenure and terms of office members of the council Section 12(1) The chairperson and members of the Council shall hold office for a period of three years, and shall be eligible for re-appointment for a further and final term of three years. Section 12(2) The chairperson and members of the council shall serve the Council on a part-time basis.

Section 12Verify source

§ 13ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 13. Vacancy in the office of the CouncilProvision

Vacancy in the office of the Council.

Section 13. Vacancy in the office of the Council Section dies;

Section 13Verify source

§ 14ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 14. Removal from officeOffence

Sets grounds and procedures for removal of the chairperson or a member of the Media Council of Kenya, including who may petition, National Assembly consideration within seven days, tribunal review and recommendation, and Cabinet Secretary being bound by the tribunal's recommendation.

Section 14. Removal from office Section 14(1)(a) violation of the Constitution or any other written law, including contravention of Chapter Six of the Constitution; Section 14(1)(b) gross misconduct; Section 14(1)(c) physical or mental incapacity that leads to inability to perform the functions of office; Section 14(1)(d) incompetence or neglect of duty; Section 14(1)(e) bankruptcy; Section 14(1)(f) absence from three consecutive meetings of the Council without justifiable cause; Section 14(1)(g) if the chairperson or a member becomes a director of any media enterprise or holds shares or has any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of interest with the officer’s official duties; or Section 14(1)(h) if the chairperson or member is convicted of a criminal offence and sentence to imprisonment for a period of more than six months without the option of a fine. Section 14(2) A person desiring the removal of the chairperson or a member of the Council on any ground specified in subsection (1) may present a petition, in writing, to the National Assembly setting out the alleged facts constituting that ground. Section 14(3) The National Assembly shall, within seven days, consider the complaint and if satisfied that it discloses a ground under subsection (1) submit the complaint together with its recommendations to the Cabinet Secretary. Section 14(4)(a) a chairperson who shall be qualified to hold office as a Judge of the High Court; Section 14(4)(b) two persons one man and one woman competent to asses and determine the petition. Section 14(5) The tribunal shall consider the petition and if satisfied that it discloses sufficient grounds for removal, recommend to the Cabinet Secretary to remove the member from office. Section 14(6) In determining the petition, the tribunal shall be guided by the principles of fair administrative justice set out in Article 47 of the Constitution. Section 14(7) The Cabinet Secretary shall be bound by the recommendation made by tribunal under this section.

Section 14Verify source

§ 15ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 15. Filling of vacancyProvision

If a vacancy occurs in the Council membership under section 13 or 14, the appointment procedure provided for under this Act applies.

Section 15. Filling of vacancy Section Where a vacancy occurs in the membership of the Council under section 13 or 14, the appointment procedure provided for under this Act shall apply.

Section 15Verify source

§ 16ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 16. Allowances of the chairperson and members of the CouncilProvision

The chairperson and members of the Council must be paid allowances determined by the Salaries and Remuneration Commission.

Section 16. Allowances of the chairperson and members of the Council Section The chairperson and members of the Council shall be paid such allowances as the Salaries and Remuneration Commission shall determine.

Section 16Verify source

§ 17ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 17. Appointment of the secretaryProvision

Section 17 establishes a secretary to the Council, sets appointment qualifications, lists the secretary's duties, states the secretary is an ex officio member, and fixes a five-year term with eligibility for one re-appointment.

Section 17. Appointment of the secretary Section 17(1) There shall be a secretary to the Council who shall be competitively recruited and appointed by the Council. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds a degree from a university recognized in Kenya; Section 17(2)(c) has had at least ten years proven experience at management level; Section 17(2)(d) has extensive experience in public administration; and Section 17(2)(e) meets the requirements of Chapter Six of the Constitution. Section 17(3)(a) the day-to-day management of the affairs of the Council; Section 17(3)(b) the maintenance of efficiency and discipline by all staff of the Council; Section 17(3)(c) the management of the budget of the Council; Section 17(3)(d) ensuring that funds of the Council are properly expended and accounted for; Section 17(3)(e) maintaining such records of the Council as the Council may, from time to time, require; and Section 17(3)(f) the performance of such other duties as the Council may, from time to time, assign. Section 17(4) The secretary shall be an ex officio member of the Council. Section 17(5) The secretary shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years.

Section 17Verify source

§ 18ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 18. Removal of SecretaryProvision

The Secretary may be removed for listed grounds and must be given sufficient notice of allegations and an opportunity to present a defence.

Section 18. Removal of Secretary Section 18(1)(a) inability to perform the functions of the office of secretary arising out of physical or mental incapacity; Section 18(1)(b) gross misconduct or misbehaviour; Section 18(1)(c) incompetence or neglect of duty; Section 18(1)(d) violation of the Constitution; or Section 18(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 18(2)(a) sufficient notice of the allegations made against him or her; and Section 18(2)(b) an opportunity to present his or her defence against the allegations.

Section 18Verify source

§ 19ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 19. Delegation by the CouncilProvision

The Council may, by resolution and in writing, delegate its powers or functions to committees, officers, staff or agents; the Council may also withdraw such delegations or vary associated decisions.

Section 19. Delegation by the Council Section 19(1) The Council may, by resolution generally or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act. Section 19(2)(a) shall be subject to any conditions as the Council may impose; Section 19(2)(b) shall not divest the Council of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 19(2)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Council.

Section 19Verify source

§ 20ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 20. Staff of the CouncilProvision

The Council may competitively appoint staff as necessary and shall afford equal opportunity in those appointments.

Section 20. Staff of the Council Section 20(1) The Council may competitively appoint such officers and other staff of the Council as may be necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Council may determine. Section 20(2) In the appointment of the staff of the Council referred to under subsection (1), the Council shall afford equal opportunity for appointment of men and women, members of all ethnic groups and persons with disabilities.

Section 20Verify source

§ 21ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 21. Seal of the CouncilProvision

The Council has the power to direct where the common seal is kept and to authorize its use.

Section 21. Seal of the Council Section 21(1) The common seal of the Council shall be kept in such custody as the Council shall direct and shall not be used except on the authority of the Council. Section 21(2) The common seal of the Council when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Council under this Act shall be presumed to have been duly given.

Section 21Verify source

§ 22ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 22. Protection of the Council from liabilityProvision

The Council and its officers (and persons appointed or authorized to act for them) are protected from legal action for acts or omissions done in good faith under this Act.

Section 22. Protection of the Council from liability Section An action shall not lie against the Council or any of its officers or other persons appointed or authorized to perform any function under this Act on behalf of or in respect of anything done or omitted to be done by them in good faith in the exercise of or performance of any power, authority or duty conferred or imposed by them under this Act.

Section 22Verify source

§ 5ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 5. Establishment of the Media CouncilProvision

Establishes the Media Council of Kenya, grants it corporate powers (sue/ be sued, own property, contract, perform necessary acts), locates its headquarters in Nairobi, and permits it to establish offices.

Section 5. Establishment of the Media Council Section 5(1) There is established a council to be known as the Media Council of Kenya. Section 5(2)(a) suing and being sued; Section 5(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 5(2)(c) entering into contracts; and Section 5(2)(d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 5(3) The headquarters of the Council shall be in Nairobi. Section 5(4) The Council may establish such offices as it considers necessary to undertake its functions.

Section 5Verify source

§ 6ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 6. Functions of the CouncilProvision

The Council must perform functions including promoting and protecting media freedom, prescribing standards, accrediting journalists, conducting annual reviews and advising the government.

Section 6. Functions of the Council Section 6(1)(a) promote and protect the freedom and independence of the media; Section 6(1)(b) prescribe standards of journalists, media practitioners and media enterprises; Section 6(1)(c) ensure the protection of the rights and privileges of journalists in the performance of their duties; Section 6(1)(d) promote and enhance ethical and professional standards amongst journalists and media enterprises; Section 6(1)(e) advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners; Section 6(1)(f) set standards, in consultation with the relevant training institutions, for professional education and training of journalists; Section 6(1)(g) develop and regulate ethical and disciplinary standards for journalist, media practitioners and media enterprises; Section 6(1)(h) accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine; Section 6(1)(i) conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation; Section 6(1)(j) through the Cabinet Secretary, table before Parliament reports on its functions; Section 6(1)(k) establish media standards and regulate and monitor compliance with the media standards; Section 6(1)(l) facilitate resolution of disputes between the government and the media and between the public and the media and intra media; Section 6(1)(m) compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary; Section 6(1)(n) subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and Section 6(1)(o) perform such other functions as may be assigned to it under any other written law. Section 6(2)(a) that the provisions of Article 33(2) of the Constitution are safeguarded; Section 6(2)(b) that the freedom and independence of media is exercised in a manner that respects the rights and reputations of others; Section 6(2)(c) that the protection of national security, public order, public health and public morals is safeguarded; and Section 6(2)(d) the compliance with any other written law. Section 6(3) The Cabinet Secretary shall, in consultation with the Council, make regulations to give further effect to subsection (2).

Section 6Verify source

§ 7ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 7. Composition of the CouncilProvision

The Council consists of a chairperson, one person nominated by the Cabinet Secretary, and seven other members.

Section 7. Composition of the Council Section 7(1)(a) a chairperson appointed in accordance with this section; Section 7(1)(b) one person nominated by the Cabinet Secretary; Section 7(1)(c) seven other members appointed in accordance with this section. Section 7(2)(a) by notice in the Gazette and in at least two newspapers of national circulation, declare vacancies in the Council, and invite applications from qualified persons; and Section 7(2)(b) convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or members of the Council. Section 7(3)(a) Kenya Union of Journalists; Section 7(3)(b) Media Owners Association; Section 7(3)(c) Kenya Editor’s Guild; Section 7(3)(d) Law Society of Kenya; Section 7(3)(e) Kenya Correspondents Association; Section 7(3)(f) Public Relations Society of Kenya; Section 7(3)(g) National Gender and Equality Commission; Section 7(3)(h) Association of Professional Societies in East Africa; Section 7(3)(i) Consumers Federation of Kenya; Section 7(3)(j) the Ministry responsible for matters relating to media; Section 7(3)(k) Kenya News Agency; and Section 7(3)(l) two persons nominated by schools of journalism of recognized universities, one representing public universities and the other representing private universities. Section 7(4) their first meeting the Panel shall appoint a Chairperson and a vice- chairperson who shall be of opposite gender. Section 7(5)(a) any qualified person; or Section 7(5)(b) any, person, organization or group of persons proposing the nomination of any qualified person. Section 7(6) The selection panel shall, subject to this section, determine its own procedure and the Cabinet Secretary shall provide it with such facilities and other support as it may require for the discharge of its functions under this section. Section 7(7) The selection panel shall consider the applications, shortlist and publish the names and qualifications of all the applicants and those shortlisted by the Panel in the Gazette and at least two daily newspapers of national circulation within seven days from the expiry of the deadline of receipt of applications under subsection (5). Section 7(8) The selection panel shall interview the shortlisted applicants within fourteen days from the date of publication of the list of shortlisted applicants under subsection (7). Section 7(9) After carrying out the interviews, the selection panel shall select one person qualified to be appointed as chairperson and seven persons qualified to be members of the Council, and forward the names to the Cabinet Secretary. Section 7(10) The Cabinet Secretary shall, within seven days of receipt of the names, by notice in the Gazette , appoint a chairperson and seven members of the Council. Section 7(11) The Cabinet Secretary may reject any nomination solely on any of the grounds set out in section 8 (2), whereafter the Cabinet Secretary shall communicate the decision to the selection panel. Section 7(12) Upon receipt of the notice of rejection under subsection (11), the selection panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment. Section 7(13) Despite the foregoing provisions of this section, the Cabinet Secretary may, by notice in the Gazette , extend the period specified in respect of any matter under this section by a period not exceeding fourteen days. Section 7(14)(a) ensure that the nominees to the Council reflect the interests of all sections of the society; Section 7(14)(b) ensure equal opportunities for persons with disabilities and other marginalized groups; and Section 7(14)(c) ensure that not more than two-thirds of the members shall be of the same gender. Section 7(15) The selection panel shall stand dissolved upon the appointment of the chairperson or members of the Council.

Section 7Verify source

§ 8ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 8. Qualification for appointment as chairperson or member of the CouncilProvision

Sets the qualifications and disqualifications for appointment as chairperson or member of the Council.

Section 8. Qualification for appointment as chairperson or member of the Council Section 8(1)(a) is a citizen of Kenya; Section 8(1)(b) holds a degree from a university recognized in Kenya; Section 8(1)(c) law; Section 8(1)(c)(i) law; Section 8(1)(c)(ii) journalism; Section 8(1)(c)(iii) finance; Section 8(1)(c)(iv) gender and human rights; Section 8(1)(c)(v) performing arts; Section 8(1)(c)(vi) advertising; Section 8(1)(c)(vii) public relations; Section 8(1)(c)(viii) religious studies; Section 8(1)(c)(ix) communication; Section 8(1)(c)(x) humanities and social sciences; or Section 8(1)(c)(xi) information technology; Section 8(1)(d) meets the requirements of Chapter Six of the Constitution; and Section 8(1)(e) has had a distinguished career in their respective fields. Section 8(2)(a) is a member of Parliament or county assembly; Section 8(2)(b) is an official of a governing body of a political party; Section 8(2)(c) has at any time within the preceding five years, held a political office; Section 8(2)(d) is an undischarged bankrupt; Section 8(2)(e) has been convicted of a felony; Section 8(2)(f) has benefitted from, or facilitated an unlawful or irregular allocation, acquisition or use of land or other public property; or Section 8(2)(g) has been removed from office for contravening the provisions of the Constitution or any other written law.

Section 8Verify source

§ 9ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA - 9. Committees of the CouncilProvision

The Council may set up committees and may co-opt persons with relevant knowledge and expertise to help it carry out its functions.

Section 9. Committees of the Council Section 9(1) The Council may establish such committees as may be necessary for the better carrying out of their function. Section 9(2) The Council may co-opt such persons whose knowledge and expertise may be for the Council to undertake its functions.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 23FINANCIAL PROVISIONS - 23. Funds of the CouncilProvision

The Council may receive monies allocated by the National Assembly.

Section 23. Funds of the Council Section such monies as may be allocated to the Council by the National Assembly;

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Financial yearProvision

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

Section 24. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

Section 24Verify source

§ 25FINANCIAL PROVISIONS - 25. Annual estimatesCommencement

The Council must prepare annual estimates of its revenue and expenditure at least three months before each financial year and include specified items such as staff salaries, pensions, maintenance, member allowances and reserve funds.

Section 25. Annual estimates Section 25(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. Section 25(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 25(2)(b) payment of pensions, gratuities and other charges in respect of staff of the Council; Section 25(2)(c) proper maintenance of the buildings and grounds of the Council; Section 25(2)(d) maintenance, repair and replacement of the equipment and other property of the Council; Section 25(2)(e) payment of allowances of the members of the Council; and Section 25(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may consider.

Section 25Verify source

§ 26FINANCIAL PROVISIONS - 26. Accounts and auditProvision

The Council must ensure proper books and other records of accounts of its income, expenditure, assets and liabilities are kept.

Section 26. Accounts and audit Section 26(1) The Council shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Council. Section 26(2)(a) a statement of income and expenditure during that financial year; and Section 26(2)(b) a statement of the assets and liabilities of the Council as at the last day of that financial year. Section 26(3) The audited accounts of the Council shall be published in at least two daily newspapers of national circulation

Section 26Verify source

Part IV

COMPLAINTS AND DISPUTE RESOLUTION

§ 27COMPLAINTS AND DISPUTE RESOLUTION - 27. Establishment of the Complaints CommissionProvision

Sets out appointment steps for a seven-member Complaints Commission: a selection panel interviews and selects candidates, forwards names to the Cabinet Secretary, who must appoint them within seven days (and may reject nominations in writing on reasonable grounds).

Section 27. Establishment of the Complaints Commission Section 27(1) There is established a Complaints Commission which shall consist of seven members appointed in accordance with this section. Section 27(2) The provisions of section 7 (2), (3), (4), (5), (6), (7) and (8) shall apply mutatis mutandis to the appointment of members of the Commission. Section 27(3) After carrying out interviews, the selection panel shall select one person qualified to be appointed as chairperson and six persons qualified to be appointed as members of the Commission, and forward the names to the Cabinet Secretary. Section 27(4) The Cabinet Secretary shall, within seven days of receipt of the names, by notice in the Gazette , appoint a chairperson and six members of the Commission. Section 27(5) The Cabinet Secretary may, in writing, reject any nomination on reasonable grounds whereafter the Cabinet Secretary shall communicate the decision to the selection panel. Section 27(6) Upon receipt of the notice of rejection under subsection (5), the selection panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment.

Section 27Verify source

§ 28COMPLAINTS AND DISPUTE RESOLUTION - 28. Membership of the Complaints CommissionProvision

Section 28 specifies membership of the Complaints Commission including a chairperson with specified qualifications, enumerated member categories, and requires the members to elect a vice-chairperson of the opposite gender at their first meeting.

Section 28. Membership of the Complaints Commission Section 28(1)(a) a chairperson, who shall be a person who holds or has held a judicial office in Kenya or who is an advocate of the High Court of Kenya of not less than ten years standing; and Section 28(1)(b) journalism; Section 28(1)(b)(i) journalism; Section 28(1)(b)(ii) media policy and law; Section 28(1)(b)(iii) media regulation; Section 28(1)(b)(iv) business practice and finance; Section 28(1)(b)(v) the performing arts or entertainment; Section 28(1)(b)(vi) advertising practice; or Section 28(1)(b)(vii) related social sciences. Section 28(2) The members of the Complaints Commission shall, at their first meeting, elect a vice-chairperson of opposite gender from amongst themselves.

Section 28Verify source

§ 29COMPLAINTS AND DISPUTE RESOLUTION - 29. Appointments to the Complaints CommissionProvision

Rules for appointments to the Complaints Commission: selection panel must ensure disability inclusion and gender balance; appointees must take an oath; members serve three-year terms and may be re-appointed up to two terms; vacancies must be notified and filled.

Section 29. Appointments to the Complaints Commission Section 29(1) The appointments to the Complaints Commission shall be done in a fair, transparent and competitive manner based on merit, suitability and competence. Section 29(2) In selecting persons for appointment as chairperson and members of the Commission, the selection panel shall ensure that equal opportunities are accorded to persons with disability and that not more than two-thirds of the members of the Commission are of the same gender. Section 29(3) The names of persons appointed as members of the Commission shall be published in the Gazette , and they shall before assuming office, take an oath or solemn affirmation before a judge of the High Court. Section 29(4) The members of the Commission shall hold office for a period of three years and shall be eligible for re-appointment subject to a maximum of two terms. Section 29(5) A person shall cease to be a member of the Commission only in terms of section 13 (1) of this Act. Section 29(6) Whenever a vacancy occurs in the Commission, the Commission shall notify the Cabinet Secretary at once, who shall, as soon as reasonably practical, initiate the process of filling the vacancy in accordance with section 27 of this Act.

Section 29Verify source

§ 30COMPLAINTS AND DISPUTE RESOLUTION - 30. Independence of the Complaints CommissionProvision

The Complaints Commission must be independent in its operations when performing its functions or exercising its powers and shall be guided by Article 159 of the Constitution.

Section 30. Independence of the Complaints Commission Section In performing its functions or exercising its powers, the Complaints Commission shall be independent in its operations and shall be guided by the provisions of Article 159 of the Constitution.

Section 30Verify source

§ 31COMPLAINTS AND DISPUTE RESOLUTION - 31. Functions of the Complaints CommissionProvision

The Complaints Commission mediates or adjudicates disputes involving the media on ethical issues.

Section 31. Functions of the Complaints Commission Section mediate or adjudicate in disputes between the government and the media and between the public and the media and intra media on ethical issues;

Section 31Verify source

§ 32COMPLAINTS AND DISPUTE RESOLUTION - 32. Powers of the Commission in discharge of functionsProvision

The Commission has the power to establish and maintain an internal mechanism for the resolution of disputes.

Section 32. Powers of the Commission in discharge of functions Section establish and maintain an internal mechanism for the resolution of disputes;

Section 32Verify source

§ 33COMPLAINTS AND DISPUTE RESOLUTION - 33. Powers of the Complaints CommissionProvision

The Complaints Commission is not bound by the rules of evidence and shall regulate its own procedure.

Section 33. Powers of the Complaints Commission Section 33(1)(a) give to the Complaints Commission reasonable assistance in the investigation of a complaint made under this Act; and Section 33(1)(b) appear before the Complaints Commission for examination concerning matters relevant to the investigation of any complaint made under this Act. Section 33(2) The Commission shall not be bound by the rules of evidence as set out in the Evidence Act (Cap. 80). Section 33(3) Except as expressly provided for in this Act or any regulations made pursuant to this Act, the Complaints Commission shall regulate its own procedure.

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§ 34COMPLAINTS AND DISPUTE RESOLUTION - 34. ComplaintsProvision

Sets procedures for complaints to the Commission, including how complaints may be made (orally or in writing), information required from complainants, confidentiality and anonymity rules, the Commission’s powers to request further information, require verification, and to refer or accept complaints with public interest implications.

Section 34. Complaints Section 34(1)(a) any publication by or conduct of a journalist or media enterprise in relation to this Act; or Section 34(1)(b) anything done against a journalist or media enterprise that limits or interferes with the constitutional freedom of expression of such journalist or media enterprise, Section 34(2)(a) orally, either in person or by any form of electronic communication; or Section 34(2)(b) in writing, given to the Registrar of the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought. Section 34(3) Where complaints are oral, the Commission may require them to be reduced in writing within seven days, unless it is satisfied there are good reasons for not doing so, Section 34(4)(a) the complainant’s name and address; and Section 34(4)(b) other information relating to the complainant’s identity that the Commission reasonably requires. Section 34(5)(a) keep information provided by a complainant confidential if there are special circumstances or the Commission considers it is in the complainant’s interests to do so; or Section 34(5)(b) accept an anonymous complaint concerning an issue of public interest, or where no clearly identifiable person or group is affected. Section 34(6) The Commission may ask a complainant to provide more information about the complaint within a reasonable time fixed by the Commission. Section 34(7) The Commission may at any time require a complaint or information provided by a complainant to be verified by the complainant by oath or statutory declaration. Section 34(8) Without prejudice to the functions of the Council set out in section 6 of the Act, the Council may take up a complaint on its own initiative, and forward the same to the Commission for determination where in its opinion the complaint has public interest implications. Section 34(9) The Commission may refer a complaint made under subsection (1) to the Communications and Multimedia Tribunal established under the Kenya Information and Communications Act (Cap. 411A), where the Commission determines that the complaint relates to a matter which falls within the mandate of the Tribunal.

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§ 35COMPLAINTS AND DISPUTE RESOLUTION - 35. Procedure upon complaintProvision

The Complaints Commission must notify the respondent in writing within fourteen days of receiving a complaint, require a written response or attendance, conduct a preliminary admissibility assessment within fourteen days, may dismiss meritless complaints, parties can apply for review within fourteen days of dismissal, and the Commission may refer breaches to mediation within fourteen days.

Section 35. Procedure upon complaint Section 35(1) Upon receipt of a complaint, the Complaint Commission shall notify, in writing, the party against whom the complaint has been made, within fourteen days of receipt of the complaint, stating the nature of the complaint, the breach, act or omission complained of and the date on which the matter shall be considered by the Commission. Section 35(2) The notice referred to in subsection (1) shall require the person against whom the complaint is made to respond to the complaint in writing or appear before it at the hearing of the complaint. Section 35(3) After considering each party’s submissions, the Commission shall then conduct a preliminary assessment to determine the admissibility or otherwise of the complaints lodged within fourteen days. Section 35(4) The Complaints Commission or any of its panels may, after conducting a preliminary assessment of a complaint, and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint and give reasons thereto. Section 35(5) A party may within fourteen days from the date of dismissal, apply for review or variation of the Commission’s decision under subsection (4). Section 35(6) Where the Commission considers there is a breach of the Act or Code it may facilitate an early resolution of the complaint by a referral to an inter parties mediation process within fourteen days.

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§ 36COMPLAINTS AND DISPUTE RESOLUTION - 36. Mediation of disputesProvision

The Commission may appoint a member as a mediator; mediation is voluntary, private, confidential, without prejudice, and statements made in mediation are inadmissible in later proceedings unless parties agree in writing; a mediator issues a certificate on settlement which is adopted as the parties' decision; mediators and participants cannot be called as witnesses about mediation proceedings.

Section 36. Mediation of disputes Section 36(1) The chairperson of the Complaints Commission may appoint one of the members of the Commission as a mediator, to attempt to facilitate an early voluntary settlement of the dispute between the parties to the dispute. Section 36(2) The mediation process shall be voluntary and shall be conducted in accordance with the rules made by the Commission under this Act. Section 36(3)(a) private and confidential; and Section 36(3)(b) conducted on a without prejudice basis. Section 36(4) No person may refer to anything said at the proceedings during any subsequent proceedings, unless the parties agree in writing. Section 36(5) Upon satisfactory determination of a mediation meeting, the mediator shall cause to be signed by both parties a certificate signifying acceptance of the decision which shall be adopted as a decision of the parties in the dispute. Section 36(6) No person, including the member who acted as mediator, may be called as a witness during subsequent proceedings in the Commission or in any court to give evidence about what transpired during the previous mediation meetings. Section 36(7)(a) the role and responsibilities of the mediator; Section 36(7)(b) the roles and responsibilities of the parties; Section 36(7)(c) the indemnification of the mediator in case of any claims for damages that may arise in any way from the mediation; Section 36(7)(d) the protection of confidential information disclosed or obtained during mediation; Section 36(7)(e) the inadmissibility in any legal proceedings of any statements made during the course of proceedings; Section 36(7)(f) the settlement of the disputes in accordance with the Act and Code of Conduct; Section 36(7)(g) the acceptance of the settlement and issuance of a certificate of acceptance of settlement; Section 36(7)(h) the binding nature and the admissibility of the settlement agreement in court for enforcement purposes; and Section 36(7)(i) the costs of the mediation.

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§ 37COMPLAINTS AND DISPUTE RESOLUTION - 37. Hearing of disputesProvision

If mediation fails or is objected to, the Commission must set the complaint for a full hearing; the chairperson may form three-member panels which exercise the Commission's powers; the Commission must report, decide and may publish findings, and must communicate decisions to parties within seven days; hearings are public unless certified closed for compelling reasons.

Section 37. Hearing of disputes Section 37(1) Where the mediation fails or the parties or either of them objects to any mediation efforts, the Commission shall set down the complaint for determination and issue a date on which the matter shall be determined by the Complaints Commission after a full hearing. Section 37(2) The chairperson of the Complaints Commission may establish hearing panels each consisting of three members of the Commission to deal with, hear and determine the Complaints admitted for hearing. Section 37(3) The panels established under subsection (1) shall exercise all the powers and shall perform all the duties and functions of the Complaints Commission in relation to any matter before the panel. Section 37(4) Members of a panel established under subsection (1) may, if necessary, consult with other members of the Complaints Commission for purposes of ensuring consistency of decisions of the Commission. Section 37(5) The Complaints Commission shall, having heard the matter the subject of the complaint, make a report, issue any decision as it deems appropriate and give directions in connection with the complaint, and shall publish its findings if it considers it in the public interest to do so. Section 37(6) The Complaints Commission shall communicate its decision to the parties concerned within seven days from the time the decision is made. Section 37(7) The Complaints Commission shall conduct its hearings in public unless the Commission upon recorded compelling reasons certifies any particular session as closed. Section 37(8) The Complaints Commission may publish or publicize its decision made under this section in any case where it thinks it appropriate to do so.

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§ 38COMPLAINTS AND DISPUTE RESOLUTION - 38. Decisions of the Complaints CommissionProvision

Section 38. Decisions of the Complaints Commission Section 38(1)(a) order the offending party to publish an apology and correction in such manner as the Commission may specify; Section 38(1)(b) order the return, repair, or replacement of any equipment or material belonging to a journalist confiscated or destroyed; Section 38(1)(c) make any directive and declaration on freedom of expression; Section 38(1)(d) issue a public reprimand of the journalist or media enterprise involved; Section 38(1)(e) order the offending editor of the broadcast, print or on-line material to publish the Commission’s decision in such manner as specified by the Commission; Section 38(1)(f) impose a fine of not more than five hundred thousand shillings on any respondent media enterprise and a fine of not more than one hundred thousand shillings, on any journalist, adjudged to have violated the Act or Code of Conduct, where upon such a fine shall be a debt due to the Council and recoverable as such; Section 38(1)(g) in its reasons for its findings, record a criticism of the conduct of the complainant in relation of the Complaint, where such criticism, is in its view, warranted; Section 38(1)(h) recommend to the Council the suspension or removal from the register of the journalist involved; Section 38(1)(i) make any supplementary or ancillary orders or directions that it may consider necessary for carrying into effect orders or directives made. Section 38(2) The Complaints Commission or any of its panels may make any or a combination of the orders set out in subsection (1).

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§ 39COMPLAINTS AND DISPUTE RESOLUTION - 39. Allowances of the chairperson and members of the Complaints CommissionProvision

The chairperson and members of the Complaints Commission are entitled to be paid allowances determined by the Salaries and Remuneration Commission.

Section 39. Allowances of the chairperson and members of the Complaints Commission Section The chairperson and members of the Complaints Commission shall be paid such allowances as the Salaries and Remuneration Commission may determine.

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§ 40COMPLAINTS AND DISPUTE RESOLUTION - 40. Protection of the Complaints Commission from liabilityProvision

Members of the Complaints Commission are free from criminal or civil liability for acts or statements made in their capacity as members.

Section 40. Protection of the Complaints Commission from liability Section be free from any criminal or civil liability for anything done or said in his capacity as a member of the Commission; and

Section 40Verify source

§ 41COMPLAINTS AND DISPUTE RESOLUTION - 41. Record of proceedingsProvision

The Complaints Commission must keep (or cause to be kept) a record of all its proceedings.

Section 41. Record of proceedings Section The Complaints Commission shall keep or cause to be kept a record of all proceedings of the Complaints Commission.

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§ 42COMPLAINTS AND DISPUTE RESOLUTION - 42. AppealsProvision

A person aggrieved by a Council decision may appeal to the Complaints Commission; a party aggrieved by the Complaints Commission's decision may, after thirty days from that decision, apply to the High Court for orders the court thinks just.

Section 42. Appeals Section 42(1) A person aggrieved by a decision of the Council may appeal to the Complaints Commission against that decision in such manner as may be prescribed. Section 42(2) A party aggrieved by the decision of the Complaints Commission may, after thirty days after the Commission has made its decision, apply to the High Court for such orders as the court may, in exercise of its jurisdiction under Article 165(6) of the Constitution, think just.

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§ 43COMPLAINTS AND DISPUTE RESOLUTION - 43. Decisions of the Commission to be finalProvision

If no application is made to challenge a Commission decision within thirty days of the decision date, that decision is final and binding on the parties.

Section 43. Decisions of the Commission to be final Section Where no application is made to challenge the decision of the Commission within thirty days of the date of the decision, the decision of the Commission shall be final and binding to the parties.

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§ 44COMPLAINTS AND DISPUTE RESOLUTION - 44. Procedures of the Complaints CommissionProvision

The Complaints Commission has the power to regulate its own procedure, except where this Act or regulations expressly provide otherwise.

Section 44. Procedures of the Complaints Commission Section Except as expressly provided in this Act or any regulations made thereunder, the Complaints Commission shall have power to regulate its own procedure.

Section 44Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 45MISCELLANEOUS PROVISIONS - 45. Code of conductAmendment

Journalists and media enterprises must maintain professional and ethical standards and comply at all times with the code of conduct in the Second Schedule; the Cabinet Secretary may amend the Second Schedule on the Council's recommendation and from time to time.

Section 45. Code of conduct Section 45(1) The journalists and media enterprises shall keep and maintain professional and ethical standards and shall, at all times, comply with the code of conduct set out in the Second Schedule. Section 45(2) The Cabinet Secretary on recommendation of the Council may, from time to time, amend the Second Schedule.

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§ 46MISCELLANEOUS PROVISIONS - 46. Accreditation of journalistsProvision

The Council must consider and approve accreditation applications from foreign journalists and must ensure accreditation does not prejudice local journalists; the Council may charge fees that the Cabinet Secretary may prescribe by Gazette notice; accreditation is valid for a renewable period of twelve months.

Section 46. Accreditation of journalists Section 46(1) The Council shall consider and approve applications by foreign journalists for accreditation to practice in Kenya and may charge such fees as the Cabinet Secretary in consultation with the Council, may by notice in the Gazette prescribe. Section 46(2) The accreditation shall be valid for a renewable period of twelve months. Section 46(3) In considering an application for accreditation of a foreign journalist in Kenya, the Council shall ensure that such accreditation does not prejudice the employment opportunities of qualified and registered local journalists or other media practitioners.

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§ 47MISCELLANEOUS PROVISIONS - 47. Unaccredited institutionsOffence

Unaccredited or unchartered educational institutions must not offer or teach journalism courses; doing so is an offence and the proprietor, director or manager may be fined up to twenty-five thousand shillings or imprisoned up to two years, or both, on conviction.

Section 47. Unaccredited institutions Section 47(1) An educational institution that is not accredited under any written law or that has not been granted a charter shall not offer or teach courses in journalism. Section 47(2) An institution that offers or teaches courses in journalism contrary to subsection (1) commits an offence and the proprietor, director or manager of such institution shall be liable, on conviction, to a fine not exceeding twenty-five thousand shillings or to imprisonment for a term not exceeding two years, or both.

Section 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. OffencesOffence

Section 48 lists offences relating to non‑compliance with the Council, providing false or misleading information, or making false statements when examined; it sets fines and imprisonment terms for convictions and higher penalties for repeat offences, and extends liability to bodies corporate and responsible officers.

Section 48. Offences Section 48(1)(a) without lawful justification fails or refuses to comply with the direction of the Council; Section 48(1)(b) obstructs or hinders the Council in the exercise of its powers under this Act; Section 48(1)(c) furnishes information or makes a statement to the Council which he or she knows to be false or misleading in any material particular; or Section 48(1)(d) when appearing before the Council or any of its committees, for examination, makes a statement which he knows to be false or misleading in any material particular, Section 48(2) A person convicted of an offence under this section shall be liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both. Section 48(3) A person who is convicted of an offence under subsection (2) shall be liable, for any subsequent offence, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or to both. Section 48(4) Where any offence mention in subsection (1) is committed by a body corporate, the body corporate, every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fines and term of imprisonment specified in subsections (2) and (3).

Section 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. General penaltyOffence

Persons who breach any provision of the Act (where no specific penalty is provided) are liable on conviction to a fine up to two hundred thousand shillings, or imprisonment up to six months, or both; if committed by a body corporate the corporate and responsible officers/staff are liable to a fine up to two million shillings or imprisonment up to two years, or both.

Section 49. General penalty Section 49(1) A person who contravenes any provision of this Act or regulations made thereunder for which no penalty is specifically provided for shall be liable, upon conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both. Section 49(2) Where an offence under subsection (1) is committed by a body corporate, the corporate body and every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fine not exceeding two million shillings or imprisonment for a term not exceeding two years or to both.

Section 49Verify source

Part VI

PROVISIONS ON DELEGATED POWERS

§ 50PROVISIONS ON DELEGATED POWERS - 50. RegulationsInterpretation

The Cabinet Secretary must make regulations, in consultation with the Council, to carry out the Act; the council may make rules for its own procedures; the Cabinet Secretary's regulatory authority is limited to bringing provisions into effect and fulfilling objectives, and regulations must follow principles in the Interpretation and General Provision Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A).

Section 50. Regulations Section 50(1) The Cabinet Secretary shall in consultation with the Council, make regulations for the better carrying out of the provisions of this Act. Section 50(2) Without prejudice to subsection (1), the council may make rules to govern its own procedures. Section 50(3)(a) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect provisions of this Act and to fulfillment of the objectives specified under this section; Section 50(3)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provision Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A).

Section 50Verify source

Legislative relationships

10 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

8 instruments

Act or Code
Section 35
Act Section 4. Application of the Act
Section 4
Cabinet Secretary to make regulations under this Act
Section 50
Commission only in terms of section 13 (1) of this Act
Section 29
Complaints Commission Section Except as expressly provided in this Act
Section 44
Council as may be necessary for the proper discharge of its functions under this Act
Section 20
Council set out in section 6 of the Act
Section 34
Council under this Act
Sections 19, 21

G–M

1 instrument

Kenya and accredited as such under this Act
Section 2

N–S

1 instrument

Second Schedule on the Council's recommendation and from time to time. Section 45. Code
Section 45

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