45.Code of conduct
(1) The journalists and media enterprises shall keep and maintain professional and ethical standards and shall, at all times, comply with the code of conduct set out in the Second Schedule.
(2) The Cabinet Secretary on recommendation of the Council may, from time to time, amend the Second Schedule.
Plain English Summary
All journalists and media companies must follow strict rules for professional and honest behavior by obeying the official code of conduct written at the back of this law book. The government minister can update or change these rules from time to time, but they can only do so after the Media Council gives them advice on what to change.
46.Accreditation of journalists
(1) The Council shall consider and approve applications by foreign journalists for accreditation to practice in Kenya and may charge such fees as the Cabinet Secretary in consultation with the Council, may by notice in the Gazette prescribe.
(2) The accreditation shall be valid for a renewable period of twelve months.
(3) In considering an application for accreditation of a foreign journalist in Kenya, the Council shall ensure that such accreditation does not prejudice the employment opportunities of qualified and registered local journalists or other media practitioners.
Plain English Summary
The Council reviews and approves requests from international reporters who want to work in Kenya, and they can charge an official processing fee that the government minister announces in the Gazette. This official work permit lasts for twelve months and must be renewed every year if the reporter wants to keep working. When deciding whether to allow an international reporter into the country, the Council must make sure that giving them the job does not take away employment opportunities from qualified and registered local Kenyan journalists.
47.Unaccredited institutions
(1) An educational institution that is not accredited under any written law or that has not been granted a charter shall not offer or teach courses in journalism.
(2) An institution that offers or teaches courses in journalism contrary to subsection (1) commits an offence and the proprietor, director or manager of such institution shall be liable, on conviction, to a fine not exceeding twenty-five thousand shillings or to imprisonment for a term not exceeding two years, or both.
Plain English Summary
Any school or college that does not have an official government license or charter is strictly forbidden from offering or teaching journalism courses. If a school breaks this rule, it is a crime, and the owner, director, or manager can be fined up to 25,000 shillings, sent to prison for up to two years, or face both punishments.
48.Offences
(1) A person who—
(a) without lawful justification fails or refuses to comply with the direction of the Council;
(b) obstructs or hinders the Council in the exercise of its powers under this Act;
(c) furnishes information or makes a statement to the Council which he or she knows to be false or misleading in any material particular; or
(d) when appearing before the Council or any of its committees, for examination, makes a statement which he knows to be false or misleading in any material particular,
commits an offence.
(2) A person convicted of an offence under this section shall be liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both.
(3) A person who is convicted of an offence under subsection (2) shall be liable, for any subsequent offence, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or to both.
(4) Where any offence mention in subsection (1) is committed by a body corporate, the body corporate, every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fines and term of imprisonment specified in subsections (2) and (3).
Plain English Summary
It is a crime to ignore the Council's official orders, block them from doing their work, or give them false and misleading information during an investigation or meeting. If you are caught doing this for the first time, you can be fined up to 200,000 shillings, sent to jail for up to six months, or face both punishments. If you break this rule again in the future, the punishment increases to a fine of up to one million shillings, up to two years in prison, or both. Finally, if a private company or corporation commits this crime, both the business itself and the top bosses or staff members who were directly responsible for the wrongdoing will face these same fines and jail terms.
49.General penalty
(1) A person who contravenes any provision of this Act or regulations made thereunder for which no penalty is specifically provided for shall be liable, upon conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both.
(2) Where an offence under subsection (1) is committed by a body corporate, the corporate body and every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fine not exceeding two million shillings or imprisonment for a term not exceeding two years or to both.
Plain English Summary
If you break any part of this law or its regulations and no specific punishment was mentioned earlier, you can be fined up to 200,000 shillings, sent to jail for up to six months, or face both punishments. If a corporation breaks the law, both the company itself and the top bosses or staff members who were directly responsible for the wrongdoing can be fined up to two million shillings, sent to prison for up to two years, or face both punishments.