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Kenya Press Statement - Statement on the Communications Regulations

Legal analysis of the Kenya Communications (Broadcasting) Regulations, 2009.

Key Recommendations

The frequency plan should be integrated fully into the licensing regime so as to give full effect to it.

More detail should be provided regarding the manner in which licence applications are processed, including in relation to due process guarantees, the duration of licences and fees.

Comprehensive legislative reform should be introduced to transform the Kenya Broadcasting Corporation into an independent public service broadcaster.

See full text here

The rules limiting concentration of ownership of broadcast media should be extended to cover cross-ownership between the broadcasting and print media sectors.

More developed rules should be put in place to ensure that the transition to a less concentrated, more diverse broadcasting sector takes place in a manner that is fair and that respects the right to freedom of expression.

The rules governing the regulation of content should be significantly reworked to put in place a fair and democratic system, as envisaged in the Kenya Communications Act, 1998, including by leaving it to the Communications Commission of Kenya and bodies of broadcasters to develop detailed programme codes and to apply them through a complaints system.

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