Media House Subscription

PURSUANT to section 19 (1) of the Media Act, CAP 411B, The Council may, by notice in the Gazette, impose a levy in respect of all media enterprises operating in Kenya, and an annual registration fee in respect of all journalists whose names appear in the registers kept by the Council.

In exercise of the power donated to it under section 19 the Council has through gazette notice number 896 of 2009 published the rates of levies payable to the Media Council of Kenya by all media enterprises operating in Kenya.

Now, therefore all media enterprises operating in the country particularly in the counties are advised to inform the Media Council of their existence and operation to ensure compliance.

A foreign media house that intends to operate or establish presence in Kenya has to be incorporated in Kenya. There are two options that are available.

It can be incorporated in Kenya as;

1. a locally incorporated private company; or
2. registered as a branch office of a foreign company.

Of the two forms the most prudent and desirable is the registration as a branch office of a foreign company.

• 1.0 Registration as a branch of a foreign Company

  Company registration in Kenya is governed by the Companies Act. Foreign companies are registered under section 366 of the Act.

  1.1 Documents required

  The following documents are necessary for purposes of filling the registration forms at the office of the Company registrar

  1. A certified copy of the Memorandum and Articles of Association of the company certified as a true copy by a notary public and notarised true copy of Certificate of Incorporation.
  2. The present physical and postal address of the company.
  3. The full names, addresses, nationalities and occupations of each of the directors and the company secretary.
  4. The full name and physical and postal address of someone in Kenya who is appointed as the representative to accept service of papers on behalf of the company in Kenya or a firm of accountants for this purpose. For purposes of filling tax returns

  1.2 Procedure

  The applications forms containing the information referred to in the documents above have to be signed by the company representative mention in part (d) above Once this is done an application can be made at the Companies Registry to register the company. It generally takes about 2 to 4 weeks from the date of filing such papers for the Registry to issue the Certificate of Compliance which signifies the registration of the company.

  1.3 Tax and Banking

   

  1. The company will only have to pay Kenya corporation tax on any income which it derives from its activities in Kenya.
  2. Tax is not charged on funds sent into Kenya to finance the operation of such liaison offices.
  3. A local bank will require a certified true copy of the Certificate of Compliance issued by the Company’s registrar to open a bank account in the name of the media house.

   

   

  1.4 Employees

  1. 1. Foreign employees: Any foreign employees who are to operate the company’s branch office in Kenya will need class A entry permits under the provisions of the Immigration Act before they can start to operate the Nairobi Office and they will in due course have to obtain PIN numbers for tax purposes. Secondly, they foreign journalists must be accredited by the Media Council of Kenya, accreditation for foreign journalists is Ksh 10, 000 per annum and ksh 5,000 if working in the country for a period of 3 months or less.
  2. 2. Local journalist: all local journalists including correspondents working for the Media house must be accredited at accost of Ksh 2000, per annum per person

   

  1.5 Statutory deductions: The media house will have to make PAYE deductions and certain other statutory deductions from the monthly salaries of employees in the Nairobi Office and file certain statutory returns in connection with such deductions from time to time. A local firm of accountants can advise on these requirements once the media house is registered

• 2.0 Registration of Print Media

  Once the media house has registered branch office, it has to register its print publication with the registrar of books and newspapers as provided for in the books and Newspapers Act

   

  2.1 Procedure

  1. The media house will file an application form at the registrar of books and Newspapers
  2. The media house shall execute a bond of ksh 1, 000, 000 prescribed in form 9 in the Act, accompanied by affidavits from sureties of the publisher.
  3. he Media house will be required to pay Stamp duty in respect to the bond at the lands Office for purposes of registering the bond at the registry at the lands office.
  4. The Media house will provide evidence of registration of the bond to the registrar of books and newspapers in order to start publishing
  5. It is recommended publishers of newspapers and magazines. Register their publications with the Post Master General (GPO). The service enables the publishers to transmit their publications through the Post Office at a concessionary postage rate. The media house will pay an annual registration fee

   

• 3.0 Accreditation by the Media Council of Kenya

  The Media Act 2013 provides that the Media Council of Kenya, the regulator of media in Kenya shall accredit all media enterprises operating in the country. Media enterprise is required a subscription fee for accreditation.