10 02 26 COMMENT Kenya

Statement on the Kenya Communications (Broadcasting) Regulations, 2009 February 2010 ARTICLE 19 · Free Word Centre · 60 Farringdon Road · London EC1R 3GA · United Kingdom Tel +44 207 324 2500 · Fax +44 207 490 0566 · info@article19.org · http://www.article19.org 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. • 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 ...