Kenya Broadcasting Corporation Act

Section 1. Short title and application Section 1(1) This Act may be cited as the Kenya Broadcasting Corporation Act. Section 1(2) Deleted by ActNo. 1 of 2009, s. 36. [Act No. 1 of 2009 , s. 36.]

Section 2. Interpretation Section serves for the conveying of the message, sound or visual images (whether the messages, sound or visual images are actually received by any person or not) or for the actuation or control of machinery or apparatus; or

Section 3. Establishment of the Corporation Section 3(1) There shall be established a Corporation to be known as Kenya Broadcasting Corporation. Section 3(2) The Corporation shall be a body corporate with perpetual succession and a common seal and shall have power to sue and to be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Corporation. Section 3(3) The Headquarters of the Corporation shall be in Nairobi.

Section 4. Establishment of the Board Section a Chairperson of the Board appointed by the President;

Section 5. Managing Director Section 5(1) There shall be a managing director of the Corporation who shall be appointed by the Cabinet Secretary after consultation with the Board whose terms and conditions of service shall be determined by the Cabinet Secretary in the instruments of appointment or otherwise in writing from time to time: Provided that the first Managing Director shall be appointed by the Cabinet Secretary without the consultation under this subsection. Section 5(2) The Board shall appoint a Deputy Managing Director and a secretary of the Corporation, whose terms and conditions of service shall be determined under section 15 .

Section 6. Further provisions relating to the Board Section The First Schedule shall have effect with respect to the constitution of the Board and otherwise in relation thereto.

Section 7. Remuneration of directors Section The Corporation shall pay to the directors other than the Managing Director and public officers in receipt of a salary, such remuneration, fees or allowances for expenses according to the scales of remuneration specified for the Corporation from time to time by the State Corporations Advisory Committee under the State Corporations Act ( Cap. 446 ).

Section 8. Duties of the Corporation Section 8(1)(a) provide independent and impartial broadcasting services of information, education and entertainment, in English and Kiswahili and in such other languages as the Corporation may decide; Section 8(1)(b) provide, if the Cabinet Secretary so requires, an external broadcasting service for reception in countries outside Kenya and may for that purpose, subject to the acquisition of any requisite licence, concessions, rights or privileges, construct or acquire and establish, install, equip and use radio communication stations in countries or places outside Kenya or in space; Section 8(1)(c) control and operate such plant, property, installations and services as are, or may be, acquired by the Corporation under this Act; Section 8(1)(d) advise the Government on all matters relating to the broadcasting services and to matters appertaining to the Corporation generally; Section 8(1)(e) appoint and enter into agreements with such contractors and artistes as may be necessary for the purposes of this Act; Section 8(1)(f) conduct the broadcasting services with impartial attention to the interests and susceptibilities of the different communities...

Section 9. Assumption of the broadcasting services of the Government Section 9(1) The Corporation shall assume the broadcasting services of the Government operating under the Kenya Broadcasting Corporation (Nationalization) Act, 1967 (Repealed). Section 9(2) Deleted by ActNo. 7 of 1990, Sch. Section 9(3) Deleted by ActNo. 1 of 2009, s. 36. [Act No. 7 of 1990 , Sch., Act No. 1 of 2009 , s. 36.]

Section 10. Board to lay down standards Section 10(1) The Board shall give directions in writing laying down general standards of taste, impartiality and accuracy for the contents, including advertisements, of all programmes broadcast by the Corporation. Section 10(2) It shall be the duty of all officers and servants of the Corporation and in particular of the Managing Director to ensure that standards so laid down are maintained.

Section 11. Functions of the Managing Director Section 11(1) Subject to this Act, the control and executive management of the Corporation shall be vested in the Managing Director. Section 11(2)(a) establish and operate production and transmission facilities, and services related thereto; Section 11(2)(b) plan, regulate and control the content and balance of all broadcasts by the Corporation; Section 11(2)(c) approve recurrent expenditure within limits determined by the Board; Section 11(2)(d) approve any individual capital work of which the estimated cost does not exceed one million shillings or such other sum as the Cabinet Secretary may by order determine; Section 11(2)(e) approve any alteration in salaries, wages or other terms and conditions of service of employees of the Corporation not involving expenditure in excess of the limits determined by the Board within its powers; Section 11(2)(f) approve any alteration in the establishment of the Corporation other than an alteration involving a major re-organization or a substantial reduction in the number of employees; and Section 11(2)(g) allocate functions to employees of the Corporation. Section 11(3)(a) deleted by ActNo. 1 of 2...

Section 12. Broadcasting advisory councils Section 12(1) For the better carrying out of the powers, duties and functions of the Corporation the Board may establish an advisory council to advise the Board on any matter concerning the broadcasting service of the Corporation. Section 12(2) An advisory council shall consist of not less than seven and not more than thirteen persons, each appointed by the Board and the Board shall appoint one of the members to be Chairperson. Section 12(3) An advisory council shall not take part in the day-to-day business of broadcasting administration in the Corporation. Section 12(4) The Second Schedule shall apply with respect to advisory councils.

Section 13. Matter to be broadcast in and costs of external services Section 13(1)(a) broadcast programmes in the external services to such countries, in such languages and at such times as may from time to time be specified by the Cabinet Secretary after consultation with the Corporation; Section 13(1)(b) consult and collaborate with such Ministries and Departments of the Government as may be specified in writing by the Cabinet Secretary and shall obtain and accept from them such information regarding conditions in, and the policies of the Government of Kenya towards, the countries specified and other countries as will enable the Corporation to plan and prepare its programmes in the external services in the interests of Kenya. Section 13(2) The full net cost of providing and transmitting external services shall be borne from funds specially provided to the Corporation by Parliament for that purpose.

Section 14. Announcements and programmes of national importance Section 14(1) The Corporation shall, whenever so required in writing by the Cabinet Secretary or by any person authorized in that regard by the Cabinet Secretary in writing, broadcast announcements or programmes of national importance, whether by sound or television. Section 14(2) The Corporation, when broadcasting any announcement or programmes under this section, may at its discretion announce or refrain from announcing that it is broadcast at the request of the Cabinet Secretary. Section 14(3) Nothing in this section shall be deemed to limit the right of the Government to submit to the Corporation items of general interest or utility for broadcasting at the discretion of the Corporation.

Section 15. Employment of officers, servants and agents Section 15(1) Subject to this Part, the Corporation may appoint and employ such officers, servants and agents as it deems necessary for the discharge of its functions and duties under this Act upon such terms and conditions of service as the Board may determine, in consultation with the State Corporations Advisory Committee established under the State Corporations Act (Cap. 446). Section 15(2) The Corporation shall within two years and six months after the commencement of this Act, make provision for a staff superannuation scheme of a type that will enable the President to determine service with the Corporation to be a public service for the purposes of the Pensions Act ( Cap. 189 ). [Act No. 7 of 1990 , Sch.]

Section 16. Officers seconded from Government service Section 16(1) The Corporation shall, subject to this section, employ such public officers as may be seconded by the Government. Section 16(2) The Government may at any time determine the secondment of any public officer who has been seconded to the service of the Corporation under the provisions of this section, and the Corporation may request the Government to determine the secondment of any such officer: Provided that no such request shall be made unless the Corporation has first given to the officer written notice of the Corporation’s intention to make the request.

Section 17. Officers of employment with Corporation Section 17(1) The Corporation shall, within a period of two years and six months from the date of commencement of this Act, offer to every officer seconded to the Corporation from the service of the Government, and whose secondment has not been terminated under subsection (2) of section 16 , employment by the Corporation from such date upon such terms and conditions as may be specified in the offer. Section 17(2) Any officer who fails to accept in writing an offer made to him by the Corporation under subsection (1) within six months after the offer has been made to him shall be deemed to have refused the offer. Section 17(3) If an officer refuses an offer made to him by the Corporation in accordance with subsection (1) the obligation to employ the officer imposed on the Corporation by subsection (1) of section 16 shall determine upon the expiration of the period of six months following the date of the refusal. Section 17(4) When an officer accepts an offer made to him by the Corporation under subsection (1) his service with the Corporation shall be deemed to have commenced, and his service with the Government to have ceased, on th...

Section 18. Corporation to reimburse Government for seconded officers Section 18(1) The Corporation shall reimburse to the Government the cost to the Government of any officers seconded to the Corporation under section 16 . Section 18(2) The certificate of the Principal Secretary to the National Treasury as to such cost shall be conclusive proof of such cost.

Section 19. Corporation to make staff regulations Section the appointment, dismissal, discipline, pay and leave of, and the security to be given to, officers and servants;

Section 54. Transitional provisions Section 54(1) The funds, assets and other movable and immovable property held by the Government for and on behalf of the "Voice of Kenya" shall be vested by virtue of this subsection without further assurance, in the Corporation. Section 54(2) Every public officer employed to effect or amend any entry in any register relating to property, or to issue or amend any certificate, or other document affecting or evidencing title to property shall do everything necessary under the law to transfer any property vested in the Corporation by this paragraph. Section 54(3) All rights, powers, liabilities and duties whether arising under any written law or otherwise, vested in, imposed on, or enforceable by or against the Government for or in respect of the Voice of Kenya shall be transferred to, vested in, imposed on or enforceable by or against the Corporation. Section 54(4) Any action, suit or legal arbitration proceedings, or any application to any authority, by or against the Government for or in respect of the Voice of Kenya shall not abate, be discontinued or be prejudicially affected because of this Act but may be prosecuted or continued by or against...

Section 20. Employment of artistes Section The Corporation may, upon such terms and conditions as the Board shall determine, employ artistes to participate in the broadcasting services of the Corporation and such other services including the production of programmes as the Board shall deem necessary for the purposes of the Corporation.

Section 21.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 22.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 23.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 24.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 25.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 26.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 27.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 28.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 29.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 30.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 31.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 32.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 33.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 34.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 35.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 36.[Deleted by ActNo. 1 of 2009, s. 36.]

Section 37. Government grants Section The Government may make grants to the Corporation as are necessary for the purposes of the Corporation and for carrying this Act into effect.

Section 38. Principles of operation Section 38(1) It shall be the duty of the Corporation to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to revenue account, including proper allocations to the general reserve and provision in respect of depreciation of capital assets, pension liabilities and interest and other provision for the repayment of loans, and further to ensure that, taking one year with another, its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by the Corporation of such percentage as the Cabinet Secretary may from time to time direct. Section 38(2)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses, including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; and Section 38(2)(b) "value of the net fixed assets in operation" shall be the gross value of such assets...

Section 39. Borrowing powers Section 39(1) The Corporation may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary for time being responsible for finance. Section 39(2) The Corporation may otherwise borrow money or obtain credit in Kenya or elsewhere for the purposes of the Corporation with the concurrence of, and subject to such limitations as may be imposed by the Cabinet Secretary responsible for finance. Section 39(3) Stock issued under subsection (1) and moneys borrowed or credit obtained under subsection (2) approved by the Cabinet Secretary responsible for finance for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting the borrowing shall otherwise provide, be charged upon all the property, undertaking and revenue of the Corporation by operation of this section and without further charge or instrument. Section 39(4) Except as provided in this section, the Corporation shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.

Section 40. Financial year Section The financial year of the Corporation shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the next succeeding year: Provided that the first financial year of the Corporation shall be the period commencing on the date of commencement of this Act and ending on the 30th June subsequent to that date.

Section 41. Investment of funds Section 41(1) The Board may invest any of the funds of the Corporation in securities in which for the time being a trustee may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for the purpose. Section 41(2) The Board may place on deposit with such bank or banks or financial institutions as it may determine any moneys not immediately required for the purposes of the Corporation.

Section 42. Annual estimates Section 42(1) Before the commencement of a financial year the Board shall cause to be prepared estimates of the revenue and expenditure of the Corporation for that year. Section 42(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Corporation; Section 42(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Corporation; Section 42(2)(c) for the maintenance of the buildings and grounds of the Corporation; Section 42(2)(d) for the proper maintenance, repair and replacement of any installation and of the equipment and other moveable property of the Corporation; Section 42(2)(e) for the funding of the broadcasting services and training and research activities of the Corporation; Section 42(2)(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or installations or equipment and in respect of such other matters as the Board may think fit. Section 42(3) Annual estimates shall be approved by the Board before the commencement of the...

Section 43. Accounts and audit Section 43(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure and assets and liabilities of the Corporation. Section 43(2)(a) a statement of income and expenditure during the year; and Section 43(2)(b) a statement of the assets and liabilities of the Corporation on the last day of that year. Section 43(3) The accounts of the Corporation shall be audited and reported on annually by the Auditor-General under Part VII of the Public Audit Act ([Cap. 412B). Section 43(4) The expenses of and incidental to the auditing of the accounts of the Corporation shall be borne by the Corporation.

Section 44. Proceedings on failure of Corporation to comply with the Act Section If at any time it appears to the Cabinet Secretary that the Corporation has failed to comply with any of the provisions of this Act, he may, by notice in writing, require the Board to make good the default within such time as may be specified in such notice.

Section 45. Delegation and signification Section 45(1) The Board and the managing director may delegate to any person any of the powers vested in them under this Act and may grant to any person powers of attorney. Section 45(2) Any act or decision, or notification thereof, of the Board or the Managing Director under this Act may be signified under the hand of an employee authorized for that purpose.

Section 46. Limitation Section the action or legal proceeding shall not be commenced against the Corporation until at least one month after written notice containing the particulars of the claim and of the intention to commence the action or legal proceedings, has been served upon the Managing Director by the plaintiff or his agent;

Section 47. Restriction on execution against property of Corporation Section where any judgment or order has been obtained against the Corporation, no execution or attachment, or process in the nature thereof, shall be issued against the Corporation or against any property of the Corporation; but the Managing Director shall, without delay, cause to be paid out of the revenue of the Corporation such amounts as may, by the judgement or order, be awarded against the Corporation;

Section 48. Service of notice, etc. Section by delivering it to that person; or

Section 49.[Deleted by ActNo. 1 of 2009, s. 36.]