SECTOR 2

Nation Media Group, Radio Africa Group and a few others. The Royal Media for
example owns over 60 broadcast frequencies.
The law has been largely reactive to these developments. The Kenya
Communications Amendment Act 2008 tried to restrict concentration. It
advocates “fair” competition. The ICT policy of 2006 proposes that in order to
promote diversity of views and freedom of expression, concentration of ownership
of print and electronic media in a few hands will be discouraged. Limits to cross
media ownership will therefore be set through regulations to be issued from time
to time and through competition laws13.
One of the very recent developments and which may be interpreted to be in
line with the ICT policy of 2006 of ‘issuing regulations from time to time’ is the
enactment of the Kenya Communications (Broadcasting Authority) Regulations
200914 which in article 10 (1) on ownership and control points out that “no
person other than the public broadcaster shall be directly, entitled to more than one
broadcast frequency or channel for radio or television in the same coverage areas.
Provided that CCK shall prescribe a time frame for existing stations to comply with
this requirement”. And in article (10) (6) “a broadcaster shall not lease or transfer
broadcast frequencies or channels assigned to it to any other person without the
written authority of the CCK”.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

1.5 (2005=1.5; 2007=2.3)

13 Study by AfriMap on Public Broadcasting in Kenya (yet to be published
14 The Regulations were gazetted in January 2010. The Media Barometer 2009 had already taken place.

AFRICAN MEDIA BAROMETER KENYA 2009

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Select target paragraph3