Rev. 2011]

Kenya Information and Communications

CAP. 411A

and shall, on conviction, be liable to a fine not exceeding one million
shillings, or to imprisonment for a term not exceeding three years, or
to both.
(3) A licence granted under this section may include conditions
requiring the licensee to—
(a) broadcast in such areas and within such geographical limits
as the Commission may prescribe;
(b) commit a minimum amount of time as may be prescribed,
in its programme schedule to locally produced programmes,
or, in the alternative, pay such amount of money as may
be prescribed, into a Fund to assist the development of the
Kenyan production industry;
(c) pay such fees as the Commission may prescribe; and
(d) fulfill such other conditions as the Commission may
require.
46D. (1) A person shall not be eligible for the grant of a Eligibility for
broadcasting licence if such person—
licensing and
(a) is a political party;
(b) is adjudged bankrupt or has entered into a composition or
scheme of arrangement with his creditors;
(c) is of unsound mind;
(d) does not fulfill such other conditions as may be
prescribed.
(2) In considering applications for the grant of a broadcasting
licence, the Commission shall have regard to—
(a) observance at all times of public interest obligations in all
broadcasting categories;
(b) diversity and plurality of views for a competitive marketplace
of ideas;
(c) availability of radio frequency spectrum including the
availability of such spectrum for future use;
(d) efficiency and economy in the provision of broadcasting

considerations for
grant of licence.
1 of 2009, s.16.

41

Select target paragraph3