Kenyan MPs Question Overlapping Media Regulatory Mandates

Kenyan Members of Parliament have raised concerns about overlapping regulatory mandates in the media industry, specifically between the Media Council of Kenya (MCK) and the Communications Authority of Kenya (CA). The concerns emerged during a meeting between the National Assembly Departmental Committee on Communication, Information and Innovation and MCK in Nakuru on November 13, 2026. The committee is scrutinizing proposed amendments to the Media Council Act, 2013.

The proposed amendments aim to modernize the legal framework governing the media industry and clarify the mandates of the MCK and CA. The MCK has argued that ambiguities in the current law have created regulatory overlaps, complicating its responsibilities. The Council's Chief Executive Officer, David Omwoyo, stated that the reforms are necessary to establish a clear and consistent legal framework reflecting the Council's statutory responsibilities.

One of the major gaps requiring legislative intervention is the fragmented regulatory responsibilities between the MCK and CA. The Council's Manager for Regulatory Affairs, Terence Bavon Minishi, emphasized the need for a clear legal framework that defines regulatory responsibilities, addresses existing gaps, and prevents duplication of mandates. Recent court decisions have helped clarify the distinction between the two regulators, but the law still needs further clarification.

The media industry in Kenya is undergoing significant transformation, with the expansion of television and radio stations, digital journalism, online broadcasting, and new content distribution platforms. The MCK's Training Director, Victor Bwire, noted that the growing number of broadcasting stations, particularly vernacular radio outlets, has increased the complexity of monitoring media content. The Council has secured approval to recruit an additional 100 employees to strengthen its operational capacity.

The proposed amendments also seek to strengthen the Council's regional presence through media hubs supporting journalists and independent content producers outside Nairobi. MPs proposed public media open days to improve public understanding of the Council's mandate. The Committee also raised concerns about journalists' welfare, professional independence, and ethical responsibility, particularly as the country approaches another election cycle.

The Committee questioned proposed changes to the definition of a journalist, specifically introducing minimum educational and accreditation requirements. Some MPs warned that an unclear definition could create further confusion, while others questioned whether journalists without accreditation should be restricted from accessing professional training. The MCK defended the proposed professionalization framework, citing the existing law's broad discretion in determining who qualifies as a journalist.

The debate highlights the need for clear regulatory mandates and a consistent legal framework in Kenya's media industry. The proposed reforms aim to address these concerns and ensure the effective regulation of media content. The Committee's scrutiny of the proposed amendments will continue, with a focus on establishing a clear and consistent legal framework that reflects the statutory responsibilities of the MCK and CA.

Key points

• The Media Council of Kenya and Communications Authority of Kenya have overlapping mandates, leading to regulatory confusion.
• Proposed amendments to the Media Council Act, 2013, aim to clarify the mandates of the two regulators.
• The media industry in Kenya is undergoing significant transformation, with an increased need for effective regulation.