1. Legal Basis

IN EXERCISE of powers conferred by Section 50 of the Media Council Act, 2013, the Cabinet Secretary for Ministry of Information and Communications makes the following Regulations—

  1. Effective Date

This Regulation shall come into force from the date of Gazettement

  1. Scope of Application

This Regulation shall apply to all journalists, media practitioners and media enterprises operating within Kenya

  1. Definitions

Journalist – means any person who: -

  1. holds a diploma or degree in mass communication or Journalism from a recognized institution of higher learning and is recognized as such by the Council;
  2. who holds such other qualifications as recognized by Council and earns a living from the practice of journalism; and,
  3. any person who habitually engages in the practice of journalism and is recognized as such by the Council

Media Practitioner means any person who practices their trade in media and includes, talk show-hosts, comedians, continuity announcers, anchors, presenters, camerapersons, cartoonists, graphic designers, content producers, bloggers, media trainers broadcasters under the Kenya Information and Communications Act, a publisher engaged in publication and the manager or proprietor of a publication or broadcasting station.

Unless the context requires otherwise, the words and terms used in this Regulation shall have the same meaning as assigned in the Media Council Act. No 46 of 2013

  1. Accreditation of journalists and Media Practitioners

6.1 Any journalist or Media Practitioner, being a citizen of and resident in Kenya, who wish to engage in the practice of Journalism must be accredited by the Media Council of Kenya. The application shall be made in the prescribed form, and such other information or documents as the Council may request for.

6.2 Accreditation shall be granted only to an individual, and not to an organization. Where a media Enterprise wishes to seek accreditation for more than one journalist employed by it, each of the journalists or media practitioners concerned shall submit separate applications for accreditation.

  1. Consideration of applications

7.1 The Council shall, on receipt of an accreditation application under Clause 6 above, proceed to consider it forthwith on the basis of the following factors and pass an appropriate order:

  1. whether the applicant is a bonafide journalist or Media Practitioner;
  1. whether the applicant has the necessary qualifications and experience to be considered for accreditation; and

7.2 If the Council decides to grant accreditation, it shall issue the applicant with an “accreditation card” immediately bearing his photograph, employer details and signature. The said card shall constitute official proof of accreditation.

7.3 If the Council decides to deny accreditation, it shall notify the applicant in writing of this decision as soon as practicable but not later than fourteen days from the date of submission of the application, stating the reasons for the denial.

7.4 Any applicant aggrieved by the decision of the Council on an accreditation application may appeal to the Complaints Commission within 30 days from the date of the receipt of information relating to such denial.

7.5 In the event the Council has to make clarification prior to issuance of the accreditation card or has reasonable grounds not to immediately issue the accreditation card as per clause 7.2, such clarification shall be made within 14 days.

  1. Requirements for accreditation

8.1 The requirements for the consideration of accreditation of a local journalist shall be, but not limited, to the following:

  1. A letter from the employer
  2. Professional Certificate that is either a Degree or Diploma in Communication or journalism from a recognized training institution
  3. Portfolio of work done either in Print or Broadcast
  4. A clear electronic passport size photograph

8.2 The requirements for the consideration of accreditation of freelance journalist shall be, but not limited, to the following: -

  1. recommendation from the media Enterprises he has worked or is working for where applicable
  2. Letter of recommendation from institution of internship
  3. Professional Certificate that is either a Degree of Diploma in Communication from a recognized training institution
  4. Portfolio of work done either in Print or Broadcast
  5. A clear electronic passport size photograph

8.3 The requirements for the consideration of accreditation of Media practitioners shall be, but not limited, to the following: -

  1. A letter from the employer
  2. Portfolio of work done either in Print or Broadcast
  3. A clear electronic passport size photograph

8.4 The requirements for the consideration of accreditation of students shall be, but not limited, to the following: -

  1. A letter from the Head of Department of the Institution
  2. Valid School Identity Card
  3. Must be degree/diploma students
  4. A clear electronic passport size photograph

8.5 All Media Practitioners and student applicants must complete the Media Council of Kenya Ethics Training Course.

8.6 The Council may on application exempt an applicant from the Ethics Training Course.

8.7 The Council shall in considering applications for accreditation take into account circumstances of each case

  1. Rights of accredited journalists

Accredited journalists will have the right to:

  1. attend briefings, press conferences, press releases by the government or public sector organizations and other events organized for the press; and
  2. inclusion in official visits by the State and Government officials.
  3. Duties and Obligations of accredited persons

Accredited persons will:

  1. observe the Code of Conduct for the practice of Journalism
  2. observe the rules and guidelines issued by the Council; and
  3. carry the accreditation badge on them at all times while on duty
  4. Withdrawal of accreditation

11.1 Accreditation may be withdrawn by the Council: -

  1. on the expiry of an accreditation date;
  2. when a journalist violates the Media Council Act 2013, rules, guidelines or orders issued by the Council; or
  3. as per Clause 12 below.

11.2 An accredited journalist/media practitioner who leaves employment will surrender the accreditation card bearing the details of the former employer to the editor in charge and apply for a replacement accreditation card bearing details of the new employer

  1. Term of accreditation

12.1. The accreditation year for the Council is January to December each year

12.2 Any accreditation granted shall be non-transferable and shall be valid for a one calendar year.;

  1. Provided, however, that the Authority may revoke or cancel any accreditation before the expiry of the said period, if it is satisfied that the continued enjoyment of accreditation by the journalist or media practitioner concerned would not be in the public interest, or as per Clause 11 above;
  2. Provided further that, before the Authority revokes or cancels any accreditation, it shall give the person concerned an opportunity to be heard and make oral or written representations against the proposed revocation or cancellation, and, where any representations are made, it shall give due consideration to such representations.
  1. Renewal of accreditation

13.1 The accreditation granted under this Regulation may be renewed on the receipt of an application in this behalf by the journalist or media practitioner to whom it was granted.

13.2. An application for renewal of accreditation shall be made in writing in Form set out in the prescribed form.

13.3 On application for renewal an applicant is required to surrender the expired Press card to the Council

13.4 An application for renewal of accreditation shall be made not earlier than thirty days before the expiry date.

  1. Accreditation of foreign journalists

14.1 Any journalist, who is not a citizen of Kenya or who, being a citizen of Kenya, is not ordinarily resident in Kenya, may apply for accreditation as a journalist. The application shall be made in the prescribed form.

14.2 The Council shall, on receipt of an application under Clause 14.1 above, proceed to consider it forthwith and pass an appropriate order. The requirements for the consideration of accreditation of foreign journalist shall be, but not limited, to the following: -

  1. A letter from the employer/organization has published applicants work
  2. Professional Certificate that is either a Degree or Diploma in Communication or Journalism from a recognized training institution
  3. Portfolio of work done either in Print or Broadcast (Please provide the work not website links)
  4. Valid Work permit for long term accreditation (1 Year)
  5. Special pass for short term accreditation (3 months)
  6. Copy of Passport
  7. A clear electronic passport size photograph.

14.3 If the Council decides to grant accreditation, it shall issue an accreditation card within 24 hours. The said card shall constitute official proof of accreditation.

Provided, however, that the Council may, where it considers it necessary, make the accreditation subject to such conditions as it may specify in this behalf, and, if the journalist concerned accepts such conditional accreditation, he shall be under an obligation to comply with those conditions at all times.

14.4 If the Council decides to deny accreditation, it shall notify the applicant in writing of this decision as soon as practicable but no later than seven working days from the date of application, stating the reasons for refusal.

14.5 Any accreditation granted under this Regulation shall be valid for a maximum period of twelve months from the date of issuance of the accreditation card, or for the duration of the coverage of a particular event, or such shorter period as the council may specify.

14.6 The accreditation granted under this Regulation may be renewed on the receipt of an application in this behalf by the journalist to whom it was granted. An application for renewal of accreditation shall be made in writing in Form set out in the prescribed form, and shall fulfil the requirements of Clause 14.1 above.

14.7 An application for renewal of accreditation shall be made not earlier than thirty days before the expiry date.

  1. Register of accredited journalists

15.1 The Council shall maintain a register, hereinafter referred to as “Register of Accredited Journalists” in which the names, addresses and other details of all journalist and media practitioners to whom accreditation has been granted shall be entered in chronological order.

15.2 The Register of Accredited Journalists shall be updated regularly, and any information as to revocation, cancellation or expiry of accreditation shall be noted as soon as practicable against the names of those on the register. The Council may at its discretion publish the register on a quarterly basis in two newspapers of nationwide circulation

15.3 All Employers will within 7 days of termination or hiring of a journalist or media practitioner will inform the Council of their appointment or termination

15.4 The Council shall make the Register of Accredited Journalists available for the general public during office hours, if it is required so. The Council shall also make the information on the register available to the general public through the Council’s website.

  1. Code of Conduct

16.1 All accredited Journalists and media practitioners must commit in writing to abide by the Code of Conduct for the practice of Journalisms

  1. Compliance Certificate

17.1 The Council will issue an annual compliance certificate to media enterprises after:-

  1. a) accrediting all its journalists and media practitioners

b). The Council is satisfied that all directives of the Council and the Complaints Commission have been complied with.