No. 2 of 1998
(a)
(b)
Kenya Information and Communications
[Rev. 2018]
any policy guidelines of a general nature relating to the provisions of
this Act notified to it by the Minister and published in the Gazette;
Kenya’s obligations under any international treaty or agreement
relating to the provisions of telecommunication, radio and postal
services.
(5) Deleted by Act No. 1 of 2009, s. 5.
[L.N. 63/1999, Act No. 1 of 2009.]
5A. Independence of the Authority
(1) The Authority shall be independent and free of control by government,
political or commercial interests in the exercise of its powers and in the performance
of its functions.
(2) In fulfilling its mandate, the Authority shall be guided by the national values
and principles of governance in Article 10 and the values and principles of public
service in Article 232(1) of the Constitution.
[Act No. 1 of 2009, s. 6, Act No. 4A of 2013, s. 4.]
5B. Freedom of the media
(1) The Authority shall, in undertaking its functions under this Act comply with
the provisions of Articles 34(1) and (2) of the Constitution.
(2) Subject to Article 24 of the Constitution, the right to freedom of the media
and freedom of expression may be limited for the purposes, in the manner and to
the extent set out in this Act and any other written law.
(3) A limitation of a freedom under subsection (2) shall be limited only to the
extent that the limitation is reasonable and justifiable in an open and democratic
society based on human dignity, equality and freedom.
(4) The right to freedom of expression shall not extend to—
(a) the spread of propaganda for war;
(b) incitement to violence;
(c) the spread of hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others persons or
community or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or
contemplated in Article 27(4).
(5) The Cabinet Secretary, in consultation with the Authority may make
regulations for the better carrying out of the provisions of this section.
[Act No. 1 of 2009, s. 6, Act No. 41A of 2013, s. 5, Act No. 25 of 2015, Sch.]
5C. Policy guidelines by the Cabinet Secretary
(1) The Cabinet Secretary may issue to the Authority, policy guidelines of a
general nature relating to the provisions of this Act.
(2) The guidelines referred to under subsection (1) shall be in writing and shall
be published in the Gazette.
[Act No. 41A of 2013, s. 5.]
6. Board of the Authority
(1) The management of the Authority shall vest on the Board which shall consist
of—
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