SECTOR 3 Kenya Communications (Amendment Act) 2008 did not amend the appointment process, which is a critical part of the independence of such statutory bodies. However, the Board is independent in outlook, and represents diverse interests. But, the process of selection of membership is not open as it is left to the minister to decide. The relevant legislation does not spell out the qualifications e.g. media expertise, gender, ICT competency etc. Given the coalition government, the tendency has been appointments based on party and political expediency. 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: 1.8 (2005=n/a; 2007=n/a) 3.3 The body regulates broadcasting services and licenses in the public interest and ensures fairness and a diversity of views broadly representing society at large. Analysis The Kenya Communications (Amendment) Act, 2008 section 46 (a and c) provides for “public interest” where CCK in its functions in relation to broadcasting services will (a) “promote and facilitate the development, in keeping with the public interest, of a diverse range of broadcasting services in Kenya” and in (c) “promote the observance at all times of public interest obligations in all broadcasting categories”. The Act also provides for a clear application and licensing procedure stipulating licensing fees at various levels, allocation of frequencies and an Appeals Tribunal. In practice, allocation of frequencies has been haphazard and hardly taking into account the public interest. 40 AFRICAN MEDIA BAROMETER KENYA 2009