ADVOKS GLOBAL · KENYA
Media Council Act
34. Complaints
Edition: 2025-08-01 · In force
34. Complaints
(1)A person aggrieved by—(a)any publication by or conduct of a journalist or media enterprise in relation to this Act; or(b)anything done against a journalist or media enterprise that limits or interferes with the constitutional freedom of expression of such journalist or media enterprise,may make a written complaint to the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought.(2)A complaint under section 31 may be made—(a)orally, either in person or by any form of electronic communication; or(b)in writing, given to the Registrar of the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought.(3)Where complaints are oral, the Commission may require them to be reduced in writing within seven days, unless it is satisfied there are good reasons for not doing so,(4)A complainant shall disclose to the Commission—(a)the complainant’s name and address; and(b)other information relating to the complainant’s identity that the Commission reasonably requires.(5)Despite subsection (4), the Commission may—(a)keep information provided by a complainant confidential if there are special circumstances or the Commission considers it is in the complainant’s interests to do so; or(b)accept an anonymous complaint concerning an issue of public interest, or where no clearly identifiable person or group is affected.(6)The Commission may ask a complainant to provide more information about the complaint within a reasonable time fixed by the Commission.(7)The Commission may at any time require a complaint or information provided by a complainant to be verified by the complainant by oath or statutory declaration.(8)Without prejudice to the functions of the Council set out in section 6 of the Act, the Council may take up a complaint on its own initiative, and forward the same to the Commission for determination where in its opinion the complaint has public interest implications.(9)The Commission may refer a complaint made under subsection (1) to the Communications and Multimedia Tribunal established under the Kenya Information and Communications Act (Cap. 411A), where the Commission determines that the complaint relates to a matter which falls within the mandate of the Tribunal.