Rev. 2011]
Kenya Information and Communications
CAP. 411A
Provided that where a broadcaster is, unable to comply with the foregoing,
the Commission shall require such broadcaster to pay such an amount of money,
as may be prescribed by the Commission into the Fund.
185
[Subsidiary]
(2) The Commission shall from time to time prescribe a minimum local
content quota for foreign broadcasting stations that broadcast in Kenya.
36. (1) the Commission shall require broadcasters to take specific steps to Content for
promote the understanding and enjoyment of programmes transmitted through the physically
its stations by persons who are physically challenged and in particular, persons challenged.
who are deaf or hard of hearing, or who are blind of partially sighted.
(2) The Commission shall prescribe by notice in the gazette the manner,
time and percentage of programmes targeting persons referred to in paragraph
(1) shall be broadcast.
Part V—Programme Code
37. (1) The Commission shall prescribe a Programme Code that sets Setting standards for
the standards for the time and manner of programmes to be broadcast by programmes.
licensees.
(2) A licensee shall be subject to the Programme Code prescribed by the
Commission or by a duly recognized body of broadcasters under regulation
38.
38. (1) Pursuant to section 46H of the Act, any registered body of
broadcasters wishing to operate under its own Programme Code shall submit
such a code to the Commission for approval.
(2) A body of broadcasters referred to in paragraph (1) shall satisfy the
Commission that all its members subscribe and adhere to the Programme Code
that has been approved by the Commission.
(3) A licensee who subscribes to a Programme Code prescribed by a
body of broadcasters under paragraph (1) shall furnish the Commission with
proof of membership, subscription and adherence to the Programme Code
prescribed by the body.
(4) When considering a Code submitted for approval, the Commission
shall have regard to the specific standards to be complied with and rules and
practices to be observed as prescribed in part IV of these regulations and such
other matters as the Commission may prescribe from time to time.
(5) In the event that the Programme Code is not acceptable either in
part or in whole—
(a) the Commission shall notify the body of broadcasters in writing
and specify the remedial measures that the broadcasting body is to
undertake in order to satisfy the Commission’s requirements; and
(b) the body of broadcasters shall within thirty days from the
Settings standards for
programmes.