5.Establishment of the Media Council
(1) There is established a council to be known as the Media Council of Kenya.
(2) The Council is a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
(a) suing and being sued;
(b) purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property;
(c) entering into contracts; and\
(d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.
(3) The headquarters of the Council shall be in Nairobi.
(4) The Council may establish such offices as it considers necessary to undertake its functions.
Plain English Summary
This section officially creates a group called the Media Council of Kenya. The law treats this group like a single legal person, which means it can take people to court, be taken to court by others, buy or sell land and buildings, and sign official business contracts. Its main office must be located in Nairobi, but it is allowed to open other smaller offices across the country whenever it needs help doing its job
6.Functions of the Council
(1)The functions of the Council are to—
(a) promote and protect the freedom and independence of the media;
(b) prescribe standards of journalists, media practitioners and media enterprises;
(c) ensure the protection of the rights and privileges of journalists in the performance of their duties;
(d) promote and enhance ethical and professional standards amongst journalists and media enterprises;
(e) advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners;
(f) set standards, in consultation with the relevant training institutions, for professional education and training of journalists;
(g) develop and regulate ethical and disciplinary standards for journalist, media practitioners and media enterprises;
(h) accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine;
(i) conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation;
(j) through the Cabinet Secretary, table before Parliament reports on its functions;
(k) establish media standards and regulate and monitor compliance with the media standards;(l)facilitate resolution of disputes between the government and the media and between the public and the media and intra media;
(m) compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary;
(n) subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and(o)perform such other functions as may be assigned to it under any other written law.
(2) In exercise of its powers and discharge of its function under this Act the Council and every person to whom this Act applies shall ensure—
(a) that the provisions of Article 33(2) of the Constitution are safeguarded;
(b) that the freedom and independence of media is exercised in a manner that respects the rights and reputations of others;
(c) that the protection of national security, public order, public health and public morals is safeguarded; and
(d) the compliance with any other written law.
(3) The Cabinet Secretary shall, in consultation with the Council, make regulations to give further effect to subsection (2).
Plain English Summary
The Media Council has several important jobs. These include protecting media freedom, setting work and ethical rules for journalists, and keeping reporters safe while they work. They also give advice on how journalists should be trained, approve media courses at colleges, and hand out official press cards to verify local and foreign reporters. Every year, they must check what the public thinks about the media and publish the results in two national newspapers. Additionally, the Council settles arguments between the media, the government, and the public. When doing these jobs, the Council and all media workers must make sure they protect free speech, respect the reputation of others, and keep the country safe and orderly.
7.Composition of the Council
(1) The Council shall consist of—
(a) a chairperson appointed in accordance with this section;
(b) one person nominated by the Cabinet Secretary;
(c) seven other members appointed in accordance with this section.
(2) Within fourteen days of the commencement of this Act, or of the occurrence of a vacancy in the office of chairperson or member, the Cabinet Secretary shall—
(a) by notice in the Gazette and in at least two newspapers of national circulation, declare vacancies in the Council, and invite applications from qualified persons; and
(b) convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or members of the Council.
(3) The selection panel referred to under subsection (2), shall comprise of thirteen members nominated by the following organisations—
(a) Kenya Union of Journalists;
(b) Media Owners Association;
(c) Kenya Editor’s Guild;
(d) Law Society of Kenya;
(e) Kenya Correspondents Association;
(f) Public Relations Society of Kenya;
(g) National Gender and Equality Commission;
(h) Association of Professional Societies in East Africa;
(i) Consumers Federation of Kenya;
(j) the Ministry responsible for matters relating to media;
(k) Kenya News Agency; and
(l) two persons nominated by schools of journalism of recognized universities, one representing public universities and the other representing private universities.
(4) their first meeting the Panel shall appoint a Chairperson and a vice- chairperson who shall be of opposite gender.
(5) An application in respect of a vacancy declared under subsection (2), shall be forwarded to the selection panel within seven days of the publication of the notice and may be made by—
(a) any qualified person; or
(b) any, person, organization or group of persons proposing the nomination of any qualified person.
(6) The selection panel shall, subject to this section, determine its own procedure and the Cabinet Secretary shall provide it with such facilities and other support as it may require for the discharge of its functions under this section.
(7) The selection panel shall consider the applications, shortlist and publish the names and qualifications of all the applicants and those shortlisted by the Panel in the Gazette and at least two daily newspapers of national circulation within seven days from the expiry of the deadline of receipt of applications under subsection (5).
(8) The selection panel shall interview the shortlisted applicants within fourteen days from the date of publication of the list of shortlisted applicants under subsection (7).
(9) After carrying out the interviews, the selection panel shall select one person qualified to be appointed as chairperson and seven persons qualified to be members of the Council, and forward the names to the Cabinet Secretary.
(10) The Cabinet Secretary shall, within seven days of receipt of the names, by notice in the Gazette, appoint a chairperson and seven members of the Council.
(11) The Cabinet Secretary may reject any nomination solely on any of the grounds set out in section 8(2), whereafter the Cabinet Secretary shall communicate the decision to the selection panel.
(12) Upon receipt of the notice of rejection under subsection (11), the selection panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment.
(13) Despite the foregoing provisions of this section, the Cabinet Secretary may, by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding fourteen days.
(14) In selecting, nominating, approving or appointing the chairperson and members of the Council, the selection panel and the Cabinet Secretary shall—
(a) ensure that the nominees to the Council reflect the interests of all sections of the society;
(b) ensure equal opportunities for persons with disabilities and other marginalized groups; and
(c) ensure that not more than two-thirds of the members shall be of the same gender.
(15) The selection panel shall stand dissolved upon the appointment of the chairperson or members of the Council.
Plain English Summary
The Media Council is led by a chairperson, a government minister’s nominee, and seven other members. When there is an open spot, the minister must advertise the job in the Kenya Gazette and two national newspapers, then set up a 13-member selection panel made up of people from different media groups, universities, and public bodies. This panel chooses its own leaders, reviews applications, publishes a shortlist of candidates in newspapers, and conducts interviews. Afterwards, the panel sends the top names to the minister, who officially appoints them within seven days. The minister can only reject a name for legal reasons, forcing the panel to pick someone else from the shortlist. Finally, the entire selection process must be fair, include people with disabilities, have no more than two-thirds of the members from the same gender, and the panel is dissolved as soon as the leaders are chosen.
8.Qualification for appointment as chairperson or member of the Council
(1) A person shall be qualified for appointment as chairperson or member of the Council if that person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) has knowledge and experience of at least ten years, in the case of the chairperson, or seven years, in the case of a member, in matters relating to any of the following fields—
(i) law;
(ii) journalism;
(iii) finance;
(iv) gender and human rights;
(v) performing arts;
(vi) advertising;
(vii) public relations;
(viii) religious studies;
(ix) communication;
(x) humanities and social sciences; or
(xi) information technology;
(d) meets the requirements of Chapter Six of the Constitution; and
(e) has had a distinguished career in their respective fields.
(2) A person shall not be qualified for appointment as chairperson or a member of the Council if the person—
(a) is a member of Parliament or county assembly;
(b) is an official of a governing body of a political party;
(c) has at any time within the preceding five years, held a political office;
(d) is an undischarged bankrupt;
(e) has been convicted of a felony;
(f) has benefitted from, or facilitated an unlawful or irregular allocation, acquisition or use of land or other public property; or
(g) has been removed from office for contravening the provisions of the Constitution or any other written law.
Plain English Summary
To be the chairperson or a member of the Council, you must be a Kenyan citizen with a recognized university degree and an excellent career history. The chairperson must have at least ten years of work experience, while other members need seven years, in fields like news, law, finance, human rights, or technology. Every leader must also pass the country's official integrity and good character tests. However, you cannot join the Council if you are a politician, a political party official, or have held political office in the last five years. You are also disqualified if you have gone broke, committed a serious crime, taken public land illegally, or been fired before for breaking the law.
9.Committees of the Council
(1) The Council may establish such committees as may be necessary for the better carrying out of their function.
(2) The Council may co-opt such persons whose knowledge and expertise may be for the Council to undertake its functions.
Plain English Summary
The Council is allowed to create smaller work groups or teams to help them do their jobs better. They can also invite outside experts into these teams if those individuals have the special knowledge needed to help the Council complete its tasks.
10.Conduct of business
The business and affairs of the Council shall be conducted in accordance with the First Schedule.
Plain English Summary
All meetings, daily tasks, and official business of the Council must follow the specific rules and instructions written down in the First Schedule at the back of this law book.
11.Independence of the Council
The Council shall be independent of control by government, political or commercial interests.
Plain English Summary
The Council must work freely without any outside interference. No government department, political leader, or private business is allowed to tell the Council how to do its job.
12.Tenure and terms of office members of the council
(1) The chairperson and members of the Council shall hold office for a period of three years, and shall be eligible for re-appointment for a further and final term of three years.
(2) The chairperson and members of the council shall serve the Council on a part-time basis.
Plain English Summary
The chairperson and the board members will look after the Council for three years. They will do this work on a part-time basis, meaning they do not work there all day, every day.
13.Vacancy in the office of the Council
The office of chairperson or a member shall become vacant if—
(a) the holder—
(i) dies;
(ii) by notice in writing addressed to the Cabinet Secretary, resigns from office;
(iii) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months without an option of a fine; or
(iv) is removed from office in accordance with section 14(1);
(b) the term of office of the holder expires.
Plain English Summary
The chairperson or a board member will lose their job immediately if they pass away or choose to leave by writing a resignation letter to the government minister. They will also be removed if their three-year term ends, if they are sent to jail for more than six months without the choice to pay a fine, or if they are officially fired for breaking the rules.
14.Removal from office
(1) The chairperson or a member of the Council shall be removed from office on any of the following grounds—
(a) violation of the Constitution or any other written law, including contravention of Chapter Six of the Constitution;
(b) gross misconduct;
(c) physical or mental incapacity that leads to inability to perform the functions of office;
(d) incompetence or neglect of duty;
(e) bankruptcy;
(f) absence from three consecutive meetings of the Council without justifiable cause;
(g) if the chairperson or a member becomes a director of any media enterprise or holds shares or has any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of interest with the officer’s official duties; or
(h) if the chairperson or member is convicted of a criminal offence and sentence to imprisonment for a period of more than six months without the option of a fine.
(2) A person desiring the removal of the chairperson or a member of the Council on any ground specified in subsection (1) may present a petition, in writing, to the National Assembly setting out the alleged facts constituting that ground.
(3) The National Assembly shall, within seven days, consider the complaint and if satisfied that it discloses a ground under subsection (1) submit the complaint together with its recommendations to the Cabinet Secretary.
(4) On receiving the recommendation made under subsection (3), the Cabinet Secretary shall suspend the member from office pending determination of the petition and shall appoint a tribunal comprising of—
(a) a chairperson who shall be qualified to hold office as a Judge of the High Court;
(b) two persons one man and one woman competent to asses and determine the petition.
(5) The tribunal shall consider the petition and if satisfied that it discloses sufficient grounds for removal, recommend to the Cabinet Secretary to remove the member from office.
(6) In determining the petition, the tribunal shall be guided by the principles of fair administrative justice set out in Article 47 of the Constitution.
(7) The Cabinet Secretary shall be bound by the recommendation made by tribunal under this section.
Plain English Summary
The chairperson or a board member can be fired if they break the Constitution, behave badly, do a poor job, or skip three meetings in a row without a good reason. They will also be removed if they go broke, have a medical condition that stops them from working, are jailed for over six months, or have a conflict of interest, such as owning shares in a media company. To remove a member, any person can send a written complaint to the National Assembly. If Parliament agrees there is a real issue, they will send the complaint to the government minister within seven days. The minister must then immediately suspend the worker and set up a fair three-person independent committee, led by someone qualified to be a High Court judge, to investigate the matter. If this committee decides the worker should be fired, the minister must follow their decision and remove them from office.
15.Filling of vacancy
Where a vacancy occurs in the membership of the Council under section 13 or 14, the appointment procedure provided for under this Act shall apply.
Plain English Summary
If a chairperson or board member leaves office early because they resigned, passed away, or were fired, the office must follow the exact same application and interview steps used before to choose a new person for the job.
16.Allowances of the chairperson and members of the Council
The chairperson and members of the Council shall be paid such allowances as the Salaries and Remuneration Commission shall determine.
Plain English Summary
The chairperson and the board members will receive travel and meeting payments for their work, but the exact amount of money they get must be decided by the official Salaries and Remuneration Commission.
17.Appointment of the secretary
(1) There shall be a secretary to the Council who shall be competitively recruited and appointed by the Council.
(2) A person shall be qualified for appointment as a secretary to the Council if the person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) has had at least ten years proven experience at management level;
(d) has extensive experience in public administration; and
(e) meets the requirements of Chapter Six of the Constitution.
(3) The secretary of the Council shall be the chief executive officer of the Council and shall be responsible to the Council for—
(a) the day-to-day management of the affairs of the Council;
(b) the maintenance of efficiency and discipline by all staff of the Council;
(c) the management of the budget of the Council;
(d) ensuring that funds of the Council are properly expended and accounted for;
(e) maintaining such records of the Council as the Council may, from time to time, require; and
(f) the performance of such other duties as the Council may, from time to time, assign.
(4) The secretary shall be an ex officio member of the Council.
(5) The secretary shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years.
Plain English Summary
The Council must hire a secretary through a fair and competitive application process. To get this job, the person must be a Kenyan citizen with a recognized university degree, ten years of management experience, strong skills in running public offices, and a clean record of good character. As the chief executive officer, the secretary answers to the Council and runs the daily business, manages the workers, looks after the budget, and keeps all official files safe. The secretary sits on the Council as an extra member because of their job title, and they can hold this position for five years, with the option to be reappointed one more time for another five years.
18.Removal of Secretary
(1) The secretary may be removed from office by the Council in accordance with the terms and conditions of service for—
(a) inability to perform the functions of the office of secretary arising out of physical or mental incapacity;
(b) gross misconduct or misbehaviour;
(c) incompetence or neglect of duty;
(d) violation of the Constitution; or
(e) any other ground that would justify removal from office under the terms and conditions of service.
(2) Before the secretary is removed under subsection (1), the Secretary shall be given—
(a) sufficient notice of the allegations made against him or her; and
(b) an opportunity to present his or her defence against the allegations.
Plain English Summary
The Council can fire the secretary if they break the Constitution, misbehave badly, do a poor job, or develop a medical condition that stops them from working. They can also be removed for any other serious reason listed in their employment contract. Before the secretary is fired, the Council must give them a clear written note explaining exactly what they did wrong and allow them a fair chance to defend themselves against those complaints.
19.Delegation by the Council
(1) The Council may, by resolution generally or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act.
(2) A delegation under this section—
(a) shall be subject to any conditions as the Council may impose;
(b) shall not divest the Council of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and
(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Council.
Plain English Summary
The Council can choose to hand over any of its jobs or powers to a smaller committee, a worker, or an official agent by writing down a formal agreement. When they pass a job to someone else, the Council can set strict conditions that must be followed. The Council still remains fully responsible for making sure the work is done properly, and they can cancel the agreement or change any choice made by that person at any time.
20.Staff of the Council
(1) The Council may competitively appoint such officers and other staff of the Council as may be necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Council may determine.
(2) In the appointment of the staff of the Council referred to under subsection (1), the Council shall afford equal opportunity for appointment of men and women, members of all ethnic groups and persons with disabilities.
Plain English Summary
The Council can hire the workers and staff it needs to do its job through a fair and competitive application process. When hiring these employees, the Council must give equal opportunities to everyone. This means they must ensure fairness for both men and women, people from all different ethnic groups, and persons with disabilities.
21.Seal of the Council
(1) The common seal of the Council shall be kept in such custody as the Council shall direct and shall not be used except on the authority of the Council.
(2) The common seal of the Council when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Council under this Act shall be presumed to have been duly given.
Plain English Summary
The Council’s official stamp must be kept in a safe place chosen by the leaders and can only be used when they give permission. When this official stamp is placed on a document and signed correctly, the courts and government offices must accept it as real and official, unless someone can prove it is fake.
22.Protection of the Council from liability
An action shall not lie against the Council or any of its officers or other persons appointed or authorized to perform any function under this Act on behalf of or in respect of anything done or omitted to be done by them in good faith in the exercise of or performance of any power, authority or duty conferred or imposed by them under this Act.
Plain English Summary
You cannot sue the Council, its workers, or anyone doing official work for them for mistakes or actions they take while doing their jobs. This legal protection applies as long as they were acting honestly and trying to follow the law in good faith.