Broadcasting Licences in Kenya: CA Regulatory Requirements for Media Companies

Broadcasting licences in Kenya are required for any person who provides broadcasting services, whether a free-to-air television station, a radio broadcaster or a subscription service. The Communications Authority of Kenya (CA) is the licensing regulator under the Kenya Information and Communications Act (Cap. 411A). Media companies, investors and new entrants need to understand the categories of licence, who is eligible, what conditions attach and what the law says about operating without one.

Broadcasting licences in Kenya: the legal framework

Broadcasting services are regulated under Part IVA of the Kenya Information and Communications Act, which is administered by the CA, referred to in the Act as the Commission. Anyone seeking broadcasting licences in Kenya must work within that Part. Section 46C provides that, subject to the Act, no person shall provide broadcasting services except in accordance with a licence issued under that Part. A person who contravenes the section commits an offence and is liable on conviction to a fine not exceeding one million shillings, imprisonment for a term not exceeding three years, or both.

The Act also lets the Cabinet Secretary, in consultation with the Commission, make regulations on broadcasting services (section 46K). The text on Kenya Law should always be read together with any later amendment, so confirm the current consolidated version before relying on a particular provision.

Categories and classes of broadcasting licence

Section 46B classifies broadcasting services into three service categories: public broadcasting, private broadcasting and community broadcasting. Broadcasting service licences are categorised into classes, namely free-to-air radio, free-to-air television, subscription radio, subscription television and subscription management, plus any other class determined under the regulations.

Section 46E designates the Kenya Broadcasting Corporation as the public broadcaster. Under section 46F, the CA may, on application and subject to conditions it considers necessary, grant a licence for community broadcasting services, and in doing so it has regard to the community of interests of the applicants. Signal distribution is licensed separately: section 46N provides that no person shall provide signal distribution services within Kenya, or from Kenya to other countries, except under a licence.

Who is eligible for a licence

Under section 46D, a person is not eligible for the grant of a broadcasting licence if the person is a political party, has been adjudged bankrupt or entered into a composition or scheme of arrangement with creditors, is of unsound mind, or is a public officer or a state officer. A person who does not fulfil other prescribed conditions is also ineligible.

In considering applications, the CA must have regard to matters including observance of public interest obligations, diversity and plurality of views, the availability of radio frequency spectrum, efficiency and economy in providing broadcasting services, and demand for the proposed service. Applicants should therefore prepare a service plan that addresses these factors rather than only the technical specification.

Licence conditions, programming and enforcement

A licence granted under section 46C may include conditions requiring the licensee to broadcast within prescribed geographical limits and to devote a minimum prescribed amount of its programme schedule to locally produced programmes. Section 46H empowers the CA to set standards for the time and manner of programmes, requires it to prescribe a programming code and to review that code at least once every two years, and requires a watershed period for programming when large numbers of children are likely to be watching or listening.

The Act also requires a complaints procedure, and section 46J allows the CA to revoke a broadcasting licence where the licensee breaches the Act or its regulations, breaches the conditions of the licence, or fails to use the assigned broadcasting frequencies within the period stipulated in the licence. Compliance with the programming code does not displace ordinary civil exposure: content that is defamatory can also found a civil claim, as explained in our guide to defamation law in Kenya.

Online streaming and other digital services

Whether an online or streaming service needs a broadcasting licence depends on whether it provides broadcasting services within the meaning of the Act and on the licence categories the CA applies to the activity. This is a fact-specific question, and the CA publishes its licensing procedures by category on its website. A business planning to serve Kenyan viewers over the internet should obtain the CA’s current position for its model before launch, and should not assume that either a full broadcasting licence or no licence is the right answer.

The application process and foreign participation

Applications are made to the CA. The CA publishes licensing procedures, application forms and fees on its website, and the fee schedule and any ownership requirements for a particular licence class should be confirmed there, because they are set outside the primary Act and can change. Foreign investors should confirm directly with the CA what local ownership rules apply to their licence category and structure before committing capital.