[Rev. 2018]
(b)
(c)
Kenya Information and Communications
No. 2 of 1998
private broadcasting;
community broadcasting.
(2) Subject to the provisions of this Act, broadcasting service licences shall be
categorized into the following classes—
(a) free-to-air radio;
(b) free-to-air television;
(c) subscription radio;
(d) subscription television;
(e) subscription management;
(f) any other class of licence as may be determined in accordance with
the Regulations.
[Act No. 1 of 2009, s. 16.]
46C. Requirement of a broadcasting licence
(1) Subject to this Act, no person shall provide broadcasting services except in
accordance with a licence issued under this Part.
(2) Any person who contravenes this section commits an offence and shall, on
conviction, be liable to a fine not exceeding one million shillings, or to imprisonment
for a term not exceeding three years, or to both.
(3) A licence granted under this section may include conditions requiring the
licensee to—
(a) broadcast in such areas and within such geographical limits as the
Commission may prescribe;
(b) commit a minimum amount of time as may be prescribed, in its
programme schedule to locally produced programmes, or, in the
alternative, pay such amount of money as may be prescribed, into a
Fund to assist the development of the Kenyan production industry;
(c) pay such fees as the Commission may prescribe; and
(d) fulfill such other conditions as the Commission may require.
[Act No. 1 of 2009, s. 16.]
46D. Eligibility for licensing and considerations for grant of licence
(1) A person shall not be eligible for the grant of a broadcasting licence if such
person—
(a) is a political party;
(b) is adjudged bankrupt or has entered into a composition or scheme of
arrangement with his creditors;
(c) is of unsound mind;
(d) a public officer or a state officer;
(e) does not fulfill such other conditions as may be prescribed.
(2) In considering applications for the grant of a broadcasting licence, the
Commission shall have regard to—
(a) observance at all times of public interest obligations in all broadcasting
categories;
(b) diversity and plurality of views for a competitive marketplace of ideas;
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