Books and Newspapers Act

Section 1. Short title Section This Act may be cited as the Books and Newspapers Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "book" includes any volume, encyclopaedia, magazine, review, Gazette , pamphlet, leaflet, sheet of letterpress, sheet of music, map, plan and chart, which is separately published, and any part or division thereof, but does not include a newspaper, visiting or business card, bill-head, letter-heading, price list, annual report, trade circular, trade advertisement or other legal or trade or business document; "newspaper" includes any printed matter containing news, or intelligence, or reports of occurrences, of interest to the public or any section thereof, or any views, comments or observations thereon, printed for sale or distribution and published periodically or in parts or numbers at intervals not exceeding three months, but does not include a visiting or business card, bill-head, letter-heading, price list, annual report, trade circular, trade advertisement or other legal or trade or business document; "print" means to produce or reproduce words or pictures in visible form by printing, writing, typewriting, duplicating, cyclostyling, lithography, photography or any other mode of representing t...

Section 3. Appointment of Registrar, etc. Section The Cabinet Secretary shall, by notice in the Gazette , appoint a Registrar of Books and Newspapers to perform the duties and exercise the powers imposed and conferred on the Registrar by this Act and any rules made thereunder, and may appoint a Deputy Registrar and any number of Assistant Registrars, who shall be subject to the directions of the Registrar.

Section 4. Registers Section The Registrar shall keep registers in the prescribed forms in which he shall register the returns in respect of books and newspapers made to him under sections 6 and 8 , and the bonds delivered to him under sections 11 and 13 , and shall enter therein such other particulars and matters as may be prescribed.

Section 5. Exclusions from application of Part Section 5(1) This Part shall not apply to or in respect of any book or newspaper printed or published by or on behalf of the Government. Section 5(2) The Cabinet Secretary may, by notice in the Gazette , exclude any book or newspaper or any class thereof from the operation of all or any of the provisions of this Part, either absolutely or subject to such conditions as he may think fit. [L.N. 462/1963, Sch., Act No. 21 of 1966 , 1st Sch.]

Section 6. Copies of books to be delivered to the Registrar and returns to be made Section 6(1)(a) before or within fourteen days after publication of the book, at his own expense deliver to the Registrar such number of copies thereof, not exceeding three in number, as may be prescribed, together with a return in respect thereof in the prescribed form, containing the prescribed particulars and signed by him; Section 6(1)(b) if so required by the Registrar by notice in writing not later than one year after publication of the book, deliver to the Registrar, at his own expense and within one month after receipt of such notice, so many additional copies thereof, not exceeding three in number, as may be specified in the notice; Section 6(1)(c) in order to facilitate the publication of the national bibliography of Kenya under section 4(k) of the Kenya National Library Service Board Act (Cap. 225), before or within fourteen days after publication of the book, at his own expense, deliver to the Director, Kenya National Library Service, two copies thereof, together with a return in respect thereof in the prescribed form, containing the prescribed particulars and signed by him. Section 6(2)...

Section 7. Copies of newspapers to be delivered to the Registrar and to the Directors, Kenya National Library Services Section 7(1) The publisher of every newspaper printed in Kenya shall, upon every day upon which the newspaper is published, at his own expense deliver, or send by registered post, to the Registrar two copies of the newspaper and two copies of every supplement thereto (if any). Section 7(2) Such copies shall be of the paper on which the largest number of copies of the newspaper are printed and published, and shall be in the like condition as the copies prepared for sale or distribution. Section 7(3) The copies delivered to the Registrar under this section shall be kept for the purpose of record in such place or manner, or otherwise dealt with or disposed of in such manner or for such purposes, as may be prescribed.

Section 8. Returns of newspapers to be made to the Registrar Section 8(1) The publisher for the time being of every newspaper printed in Kenya shall, within fourteen days after the date on which it is first published, and in the month of January in every year thereafter, make, sign and deliver to the Registrar a return in the prescribed form in respect thereof. Section 8(2) If, after any such return has been so delivered and before the next succeeding return in respect of the same newspaper is so delivered, any change occurs in any of the particulars returned, other than a change in circulation, the publisher for the time being of the newspaper shall, within one month of the change occurring, make, sign and deliver to the Registrar a return thereof in the prescribed form.

Section 9. Penalties Section 9(1)(a) publishes any book printed in Kenya and fails to comply with any of the provisions of section 6 of this Act; Section 9(1)(b) publishes any newspaper printed in Kenya and fails to comply with any of the provisions of section 7 or section 8 ; or Section 9(1)(c) makes any return under section 6 or section 8 which he knows to be false or does not believe to be true in any particular, Section 9(2) Upon conviction of a person for failure to comply with any provision of section 6 , section 7 or section 8 , the court may, in addition to or instead of imposing a penalty under subsection (1), order such person to deliver the return or the copies of the book or newspaper, as the case may be, to the Registrar not later than a specified date, or, in the case of failure to deliver copies of a book of the required number or standard, order him to pay to the Registrar the retail price of such copies. Section 9(3) Where the retail price of copies is ordered to be paid to the Registrar as aforesaid, and is so paid, the same shall be applied by him to the purchase of those copies. Section 9(4) A person who sells or distributes any book or newspaper the publisher o...

Section 10. Exclusions from application of Part Section 10(1) This Part shall not apply to, or to or in respect of the printing or publication of any newspaper by or on behalf of the Government. Section 10(2) The Cabinet Secretary may, by notice in the Gazette , exclude any specified person or class of persons from the operation of all or any of the provisions of this Part, either absolutely or subject to such conditions as he may think fit. [L.N. 462/1963, Sch., Act No. 21 of 1966 , 1st Sch., L.N. 33/1972.]

Section 11. Bond to be executed Section 11(1) No person shall print any newspaper in Kenya, and no person shall publish any newspaper printed in the Colony, unless there is in force, duly executed, registered and delivered by him to the Registrar in the manner hereinafter provided, a bond in the prescribed form in the sum of one million shillings, with one or more sureties as may be required and approved by the Registrar, as security for or towards the payment of any monetary penalty or damages which may at any time be imposed upon or adjudged against him upon his conviction for any offence, under this Act or under any other written law, committed after the execution of the bond, and relating to the printing or publication of such newspaper or of any matter therein, and also for the payment of any damages and costs awarded against him in respect of any libel printed or published in the newspaper after the execution of the bond. Section 11(2)(a) where the person required to execute it is a company, under the common seal of the company; Section 11(2)(b) in other cases, in the presence of a magistrate, and of one other witness not being a party thereto, each of whom shall subscribe hi...

Section 12. Withdrawal of surety Section If a surety desires to withdraw from a bond, and gives to the Registrar and to all other persons bound thereby not less than one month’s notice in writing of such desire, he shall on the expiration of the period of such notice be discharged from his suretyship under the bond: Provided that the surety shall continue to be liable under the bond in respect of any penalties, damages or costs imposed, adjudged or awarded for and in respect of any offence committed, or any libel printed or published, before his discharge.

Section 13. New bond in certain cases Section gives notice of his desire to withdraw from a bond under the provisions of section 12 ; or

Section 14. Penalty for printing or publication without bond Section in the case of a first offence, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both; and

Section 15. Inspection of register, etc., and provision of copies of and extracts from registers Section 15(1) Any person may, during the usual hours of business and on payment of the prescribed fee, inspect a register, or require to be supplied with a copy of or an extract from any subsisting entry in a register, certified by the Registrar to be a true copy or extract. Section 15(2) Any person may, during such hours, on payment of such fee, and subject to such conditions, as may be prescribed, inspect any book or newspaper kept by the Registrar under this Act for the purpose of record.

Section 16. Evidentiary value of copies and extracts, and of certificates Section 16(1) Every copy of an entry in, and every extract from, a register, certified under the hand of the Registrar to be a true copy or extract, shall in all legal proceedings be conclusive evidence of the contents of the register so far as the same appear in such copy or extract, and prima facie evidence of the facts appearing therein. Section 16(2) A certificate under the hand of the Registrar stating that he has or has not received any notice or return under this Act or any rules made thereunder, or that he received such a notice or return on, or did not receive such a notice or return by or before, a specified date, shall in all legal proceedings be prima facie evidence of the facts stated therein. Section 16(3) A certificate under subsection (1) or subsection (2), purporting to be signed by the Registrar, shall be presumed, until the contrary is proved, to have been signed by him. Section 16(4) No process for compelling the production of any book, newspaper, register or document kept by, or in the possession or custody of, the Registrar shall issue from any court except with the leave of that court,...

Section 17. Printed documents to bear the name of printer and publisher Section 17(1) Every book and every newspaper printed within the Colony shall have printed legibly in the English language on its first or last printed page the name and address of its printer and of its publisher and the name of the place in which it is printed and of the place in which it is published. Section 17(2) Any person who prints, publishes, sells, distributes or assists in selling or distributing any book or newspaper which does not comply with the requirements of subsection(1) shall be guilty of an offence and be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment, and in addition the court may order all copies of the book or newspaper in the custody of the court or in the possession of the offender to be forfeited or destroyed.

Section 18. Printer to keep copy of book or newspaper and to produce same on demand Section 18(1) Every person who prints a book or newspaper shall for a period of six months after the date of the printing thereof keep one copy thereof on which he shall write or print the name and the business, residential or postal address of the person by whom he was engaged to print it, and shall forthwith produce the same to the Registrar or to any court, judge or magistrate if required by the Registrar or such court, judge or magistrate, by notice in writing, so to do. Section 18(2) Any person who fails to comply with the provisions of subsection (1) or of any notice thereunder served on him shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. [Act No. 2 of 2002 , Sch.]

Section 19. Power to seize certain books, etc., and to search premises Section 19(1) Any police officer may seize any book or newspaper, wherever found, which has been printed or published, or which he reasonably suspects to have been printed or published, in contravention of this Act. Section 19(2) Any magistrate may by warrant authorize any police officer not below the rank of Assistant Inspector, with or without assistance, to enter and search any place where it is reasonably suspected that any books or newspapers printed or published in contravention of this Act are being kept or that any other offence under this Act or any rules thereunder has been, is being or is about to be committed, and to seize any books and newspapers found therein which he reasonably suspects to have been so printed or published, together with any other evidence of the commission of an offence under this Act or any rules thereunder which may be there found. Section 19(3) If any police officer not below the rank of Assistant Inspector has reasonable cause to believe that the delay which would occur in obtaining a search warrant under subsection (2) would, or would tend to, defeat the purposes of this Act...

Section 20. Offences by corporations, societies, etc. Section Where any offence under this Act or under any rules made thereunder is committed by a company or other body corporate, or by a society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

Section 21. Service of notices Section Service of any notice under this Act or any rules made thereunder may be effected either personally on the person to whom it is addressed or by registered post; and, where the person to be served is a company or other body corporate, or a society, association or other body of persons, service of the notice thereon may be effected by serving the same personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the company, body corporate, society, association or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business.

Section 22. Rules Section prescribing the forms of registers, returns, applications, notices and bonds, and other forms, to be used under this Act;