No. 2 of 1998 (a) (b) Kenya Information and Communications [Rev. 2018] any policy guidelines of a general nature relating to the provisions of this Act notified to it by the Minister and published in the Gazette; Kenya’s obligations under any international treaty or agreement relating to the provisions of telecommunication, radio and postal services. (5) Deleted by Act No. 1 of 2009, s. 5. [L.N. 63/1999, Act No. 1 of 2009.] 5A. Independence of the Authority (1) The Authority shall be independent and free of control by government, political or commercial interests in the exercise of its powers and in the performance of its functions. (2) In fulfilling its mandate, the Authority shall be guided by the national values and principles of governance in Article 10 and the values and principles of public service in Article 232(1) of the Constitution. [Act No. 1 of 2009, s. 6, Act No. 4A of 2013, s. 4.] 5B. Freedom of the media (1) The Authority shall, in undertaking its functions under this Act comply with the provisions of Articles 34(1) and (2) of the Constitution. (2) Subject to Article 24 of the Constitution, the right to freedom of the media and freedom of expression may be limited for the purposes, in the manner and to the extent set out in this Act and any other written law. (3) A limitation of a freedom under subsection (2) shall be limited only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. (4) The right to freedom of expression shall not extend to— (a) the spread of propaganda for war; (b) incitement to violence; (c) the spread of hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others persons or community or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4). (5) The Cabinet Secretary, in consultation with the Authority may make regulations for the better carrying out of the provisions of this section. [Act No. 1 of 2009, s. 6, Act No. 41A of 2013, s. 5, Act No. 25 of 2015, Sch.] 5C. Policy guidelines by the Cabinet Secretary (1) The Cabinet Secretary may issue to the Authority, policy guidelines of a general nature relating to the provisions of this Act. (2) The guidelines referred to under subsection (1) shall be in writing and shall be published in the Gazette. [Act No. 41A of 2013, s. 5.] 6. Board of the Authority (1) The management of the Authority shall vest on the Board which shall consist of— 18

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