46
CAP. 411A
Requirement
for complaints
procedure.
1 of 2009, s. 16.
Kenya Information and Communications
[Rev. 2011
46L. (1) All broadcasters shall establish and maintain a procedure,
by which persons aggrieved by any broadcast or who allege that a
broadcaster is not complying with this Act, may file complaints.
(2) The procedure referred to in subsection (1) shall be submitted
to the Commission for approval,
(3) Where any person alleges that he has exhausted the procedure
mentioned in sub-section (1) but is not satisfied with the remedy offered
or action taken, he may appeal to the Commission.
(4) Complaints made under this section shall be made in writing
within thirty days of the breach under subsection (1) and shall set out
the grounds upon which they are based, the nature of damage or injury
suffered as result of the broadcast or the violation complained of and
the remedy sought.
(5) Any person who is aggrieved by a decision of the Commission
made under this section may appeal to the Tribunal within thirty days
after the decision.
Access to
programmes.
1 of 2009, s. 16.
46M. The Commission or the Tribunal may with a view to solving
any dispute brought under section 46L require a licensee to—
(a) provide the Commission, the Tribunal or the complainant
with a transcript of the broadcast complained of;
(b) furnish the Commission, the Tribunal or the complainant
with copies of any document that may assist in resolving
the dispute; or
(c) furnish the Commission or the Tribunal with any written or
oral evidence to assist in resolving the dispute or in answer
to the complaint.
Requirement for a
licence for signal
distribution.
1 of 2009, s. 16.
46N. (1) Subject to this Act, no person shall provide signal
distribution services within Kenya or from Kenya to other countries
except in accordance with a licence issued under this Part.
(2) Any person who contravenes subsection (1) shall be guilty
of an offence 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 both.
Signal distribution
services.
1 of 2009, s.16.
46O. (1) The Commission may upon an application in the
prescribed manner and subject to such conditions as it may deem
necessary, grant a licence authorizing any person or persons to provide