SECTOR 3 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. Until 1998, the only legislation regulating this sector was the Kenya Broadcasting Corporation Act. The enactment of the Kenya Communications Act liberalised the sector, and spells out conditions for starting and running public, private and community broadcasting services. It empowers the Communications Commission of Kenya (CCK) to set programming codes for licensed operators. The Minister of Information and Communication grants licenses, while the CCK allocates frequencies But the enforcement of the Act has been difficult. Broadcasters, for example, must include local content in their programming. But they argue local content is expensive to produce and instead they fill the airwaves with Latin American soaps. It has also been difficult to manage the use of frequencies, which a few broadcasters have stockpiled while only utilising a small fraction. It is expected that the Communications Act will be amended to align with the recently legislated Constitution. There are also plans to revise the KBC Act to transform it from a state broadcaster into a truly public broadcaster. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 42 AFRICAN MEDIA BAROMETER KENYA 2012 3.5 (2005 = 1.0, 2007 = 1.5, 2009 = 2.5)