Media and broadcasting law in Kenya is not administered by a single regulator. The Communications Authority of Kenya (CA) licenses broadcasting under the Kenya Information and Communications Act (KICA), the Media Council of Kenya accredits journalists and sets standards under the Media Council Act, 2013, and the Kenya Film Classification Board classifies films under the Films and Stage Plays Act. Knowing which regulator governs an activity is the first compliance question, and clearance from one does not cover the others.
Media and Broadcasting Law in Kenya: The CA and Broadcast Licensing
Section 3 of KICA establishes the CA. Section 46D(1) provides that a person is not eligible for a broadcasting licence if the person is a political party, is adjudged bankrupt or has entered a composition or scheme of arrangement with creditors, is of unsound mind, or is a public officer or state officer, or does not fulfil other prescribed conditions.
In considering an application, section 46D(2) requires the CA to have regard to public interest obligations in all broadcasting categories, diversity and plurality of views, availability of radio frequency spectrum including for future use, efficiency and economy in providing broadcasting services, demand in the proposed broadcast area, expected technical quality, the applicant’s suitability, capability, experience and expertise, and its financial means and business record. Availability of spectrum is therefore one of the factors in the licensing decision, which an applicant should factor into launch timelines.
Foreign Ownership and Local Content
A common assumption is that KICA fixes a foreign shareholding cap for broadcasters. The provisions we found do not. The fifty-one per cent Kenyan ownership reference in section 25A(3) concerns eligibility to pay spectrum licence fees above one billion shillings in instalments, not a general ownership cap on broadcasting licensees. Ownership conditions can also arise from licence terms and subsidiary regulations, so confirm the conditions for the licence category with the CA at the time of application.
On local content, section 46I(3) provides that a broadcaster licensed to distribute radio or television programmes shall broadcast such percentage of Kenyan programmes as the CA prescribes. The percentage is therefore set by the CA and not written into the Act, and it should be confirmed against the current prescription.
Content Standards: The Programming Code
Under section 46H, the CA has power to set standards for the time and manner of programmes broadcast by licensees. It must prescribe a programming code, review it at least once every two years, prescribe a watershed period for programming when large numbers of children are likely to be watching or listening, and ensure compliance with the code. Because the code is subsidiary to the Act and reviewed regularly, broadcasters should work from the current version.
Film classification is separate. Section 11 of the Films and Stage Plays Act establishes the Kenya Film Classification Board, which issues certificates of approval. Section 46I(2) of KICA also provides that a broadcaster may not broadcast a film approved for exhibition subject to excisions in a form that includes the excised parts, except with the consent of the film regulator and on any conditions it gives. A broadcaster therefore needs to satisfy both the CA code and the classification attached by the Board, and one is not a substitute for the other.
Carriage Obligations
Section 46K allows the Cabinet Secretary, in consultation with the CA, to make regulations on all broadcasting services, including on financing and broadcast of local content and on mandating the carriage of content in keeping with public interest obligations. Whether and how a pay-TV operator must carry particular channels is therefore a matter for the current broadcasting regulations, which the operator should check before settling its channel line-up and carriage agreements.
Print and Online Media: The Media Council
The Media Council Act, 2013 establishes the Media Council of Kenya. Its functions include promoting and protecting the freedom and independence of the media, prescribing standards for journalists, media practitioners and media enterprises, developing and regulating ethical and disciplinary standards, and accrediting journalists and foreign journalists. This is a standards and accreditation model, unlike the CA’s state licensing of broadcast infrastructure and spectrum.
A print or online publication with no broadcast component falls within the Media Council framework rather than CA broadcast licensing. A digital outlet that later launches a radio or television arm brings CA licensing into play for that new activity.
Online Speech and the Cybercrimes Act
The Computer Misuse and Cybercrimes Act, 2018 formerly contained false-publication offences that applied to online publishers. On 6 March 2026 the Court of Appeal, in Bloggers Association of Kenya (BAKE) v Attorney General & 6 others, Civil Appeal 197 of 2020 [2026] KECA 430 (KLR), found those offences unconstitutional for being too broad, so they should not be relied on for any charge or claim. On 17 July 2026 the Supreme Court, in Speaker, National Assembly v BAKE & 6 others, Application E011 of 2026 [2026] KESC 55 (KLR), allowed the Speaker seven days to file a fresh notice of appeal, so an appeal may be pending. Consolidated texts may lag the judgment, so check the current position before advising on a specific matter. Other provisions of the Act remain relevant to online publishers, such as cyber harassment and identity theft.
How We Can Help
Clay & Associates Advocates advises broadcasters, publishers and digital platforms on media and broadcasting law in Kenya, including CA licensing applications, Media Council accreditation and exposure under the Computer Misuse and Cybercrimes Act. If you are applying for a broadcasting licence or launching a digital publication, we can map which regulators apply before a licence application or content dispute forces the question. See our guides to broadcasting licences in Kenya and content licensing and rights management, visit our regulatory and compliance practice, or contact us.
Sources: Kenya Information and Communications Act, sections 3, 25A, 46D, 46H, 46I and 46K; Media Council Act, 2013; Films and Stage Plays Act, section 11; Computer Misuse and Cybercrimes Act, 2018; BAKE v Attorney General [2026] KECA 430 (KLR); Speaker, National Assembly v BAKE [2026] KESC 55 (KLR).
Frequently asked questions
Which regulator licenses broadcasters in Kenya?
The Communications Authority of Kenya, under KICA. The Media Council accredits journalists and the Kenya Film Classification Board classifies films.
Is there a statutory foreign ownership cap for broadcasters?
We did not find one in KICA. Section 25A(3) mentions fifty-one per cent Kenyan ownership only for spectrum fee instalments, so confirm licence conditions with the CA.
Does a film classification replace the CA programming code?
No. The Board’s classification and the CA programming code under section 46H are separate requirements.
Do online publishers need a CA broadcasting licence?
Not for a print or online publication without a broadcast component. They fall within the Media Council framework.
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This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.
