Rev. 2011]
Kenya Information and Communications
CAP. 411A
exchanged between complainant and broadcaster;
[Subsidiary]
(g) the manner in which the complaint shall be investigated and process
of investigation;
(3) In addition to the information under paragraph (2) the complaint
handling procedure shall also include information—
(a) to listeners or viewers that the first opportunity to resolve a
complaint should be given to the broadcaster to resolve the
complaint;
(b) relating to the timeframes for responding to the complainant, and
resolving the complaint;
(c) relating to how complaints from physically challenged and illiterate
consumers who are not capable of providing complaints in writing,
shall be addressed;
(d) on the methods of recording and tracking of complaints, together
with the associated responses;
(e) on the duration of storage of records of complaints received and
actions taken;
(f) on the retention and production of recordings of any programme
which is the subject matter of a complaint;
(g) on the categories of complaints which the broadcaster is under
no obligation to respond to or complaints considered frivolous,
vexatious or an abuse of the complaint process or from complainants
who choose to remain anonymous.
(h) on any other matter as the Commission may from time to time by
notice in the gazette prescribe.
40. (1) A licensee shall—
(a) document its complaints handling procedure;
(b) inform their listeners or viewers at least once a day of the existence
of a complaints handling procedure and how they can lodge a
complaint regarding the broadcast station;
(c) not dispose off broadcast transcripts or recordings related to a
complaint so long as it has not been summarily resolved either by the
broadcaster, the Commission , the Tribunal or the High Court:
Provided that the clause in the licence stipulating the minimum duration
that a licensee shall retain a copy of recordings of broadcasts shall not apply
to this subparagraph; and
187
Obligations of
licensees.