Rev. 2011]
Kenya Information and Communications
CAP. 411A
Provided that:
(a) any change in shareholding exceeding fifteen per centum of the
issued share capital; or
(b) the acquisition by an existing shareholder of at least five per centum
additional shares,
shall require the prior written consent of the Commission and the Commission
shall notify the applicant of its acceptance or refusal stating the reasons for the
refusal, within thirty days of receipt of the application for the consent.
(4) A notification of change in ownership, control or proportion of shares
held in a licensee shall state—
(a) the date when the intended transfer of ownership or part thereof
is to be effected;
(b) the name and address of the acquirer;
(c) the names, nationality and addresses of persons who are in control
of the business; and
(d) any change in the name or address of the business.
(5) In considering an application for a written consent for transfer
of ownership or change of person in control or change in shareholding of a
broadcasting licensee the Commission shall consider—
(a) the capacity of the acquiring entity to roll out the broadcasting
services;
(b) the nature of broadcasting services and programming that the
acquiring entity intends to roll out;
(c) the extent to which the allocated frequency resource(s) of the entity
to be acquired have been utilized;
(d) the possible impact on promotion of pluralism and diversity that
the transfer may have;
(e) the effect or impact of the transfer on competition or promotion of
competition in the sector;
(f) whether the transfer conformity with the stipulations of the sector
policy;
(g) the past and current compliance record, relating to the conditions of
the current licences, of the acquiring and acquired entities,; and
(h) any other matter as the Commission may consider relevant.
175
[Subsidiary]