176
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
(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
Commission.
Cap. 485A.
(8) For companies that are listed in the stock exchange, the Capital
Markets Authority Act shall apply.
Part III—Broadcasting Services
Public broadcasting
service.
11. (1) A Public Broadcaster shall—
(a) provide independent and impartial broadcasting services of
information, education and entertainment in English and Kiswahili
and such other languages as the broadcaster may decide;
(b) conduct the broadcasting services impartially and consider to
the interests and susceptibilities of the different communities in
Kenya;
(c) provide and receive from other persons material to be broadcast:
Provided that in acquiring such material, the public broadcaster shall have
regard to the need to maintain the distinctive character of the public broadcasting
service and to cater for the expectations of audiences who are not generally
catered for by other broadcasting services.
(2) The public broadcasting service shall be supported by revenues from
the exchequer, grants, donations and its commercial services but shall not draw
from advertising and sponsorship.
(3) The public broadcaster shall not lease or transfer the broadcast
frequencies or channels assigned to it for use in public broadcasting.
(4) The Commission may, on application by the public broadcaster,
grant the public broadcaster a licence to provide broadcasting services on a
commercial basis.
(5) Where the public broadcaster is granted a licence to provide
broadcasting services on a commercial basis, it may be required to maintain and
keep separate accounts for its public and commercial broadcasting services.
(6) The public broadcaster may, when providing its commercial services,
enter into public private partnership:
Provided that the public private partnership complies with the law relating
to public procurement.
(7) The Commission shall give priority and ensure equitable allocation
of resources for the public broadcasting services.
Commercial free-