The Media Council of Kenya (MCK) has urged Parliament to modernise the country’s publications law, warning that several key provisions are outdated and inconsistent with the Constitution.
Appearing before the National Assembly’s Committee on Parliamentary Broadcasting and Library on Thursday, MCK Chief Executive Officer David Omwoyo called for scrapping of the one million shilling bond required for anyone wishing to publish a newspaper, describing the rule as “a financial barrier to entry” that limits media pluralism and excludes smaller and community media outlets.
“The bond requirement creates a financial barrier to entry, discourages small publishers and community media, and undermines Article 34(2) which protects the freedom to establish media without undue state control,” the MCK memorandum stated.
Omwoyo highlighted that sections of the existing Books and Newspapers Act, first enacted in 1960, conflict with Articles 33 and 34 of the 2010 Constitution, which guarantee freedom of expression and prohibit state interference with media independence.
The Council’s proposals also call for updating the law to reflect Kenya’s evolving media landscape. Currently, the Act focuses narrowly on print publications and excludes digital, online, and multimedia journalism.
MCK recommends renaming the statute the Media Publications and Legal Deposit Act and introducing new definitions to cover digital publications, online platforms, and editorial control.
“These issues are important in ensuring that any amendments to the Books and Newspapers Act support a modern, pluralistic and constitutionally compliant media environment,” Omwoyo told the committee.
Other key recommendations include limiting the Cabinet Secretary’s broad discretion to exclude publications from the Act’s provisions and replacing criminal sanctions for administrative breaches, such as failing to deposit copies of publications, with civil penalties.
The Council warned that criminalisation creates a chilling effect on press freedom, while civil penalties would encourage accountability without stifling media operations.
The MCK argued that these reforms would bring Kenya in line with international standards for media regulation, shifting the emphasis from administrative restrictions to professional accountability through the framework of the Media Council Act, 2013.
The committee, chaired by Turkana West MP Daniel Epuyo Nanok, is expected to review the Council’s memorandum alongside other stakeholder submissions before finalising the Bill for further parliamentary debate.
By addressing outdated legal provisions and recognising digital journalism, MCK hopes the amendments will foster a more inclusive, modern, and constitutionally compliant media environment in Kenya.