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.

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

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.

Vacancy in the office of the Council.

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.

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

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

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.

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

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.

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

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

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.

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.

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

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

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

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

The Council may receive monies allocated by the National Assembly.

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

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.

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

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 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.

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.

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.

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

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

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

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.

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.

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.

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 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 Council about suspension or removal from the register, and ancillary orders.

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

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

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

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.

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.

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

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.

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.

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 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.

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.

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).