Complaints Procedure

One is required to fill out Complaint Form 1, available at the Media Council secretariat and on its website, setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought.

The complaint should be made within Nine (9) months from the date of the publication or other action.

Upon receipt of a complaint, the Complaints Commission shall notify, in writing, the party against whom the complaint has been made, within fourteen-days of receipt of the complaint, stating the nature of the complaint, the breach of act or omission complained of and the date on which the matter shall be considered by the Commission.

The notice referred shall require the person against whom the complaint is made to respond to the complaint in writing or appear before it at the hearing of the complaint.

After considering each party’s submissions, the Commission shall then conduct a preliminary assessment to determine the admissibility or otherwise of the complaints lodged within fourteen days.

After undertaking a preliminary assessment of the Matter the Commission and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint with reasons.

Where the Commission considers there is a breach of the Act or Code it may facilitate an early resolution of the complaint by a referral to an inter parties mediation process within fourteen days.

The mediation process shall be voluntary, private and confidential.

Where the mediation fails or the parties or either of them objects to any mediation efforts, the Commission shall set down the complaint for a full hearing.

After hearing a complaint, the Commission may issue any decision as it deems appropriate and give directions in connection with the complaint.

The Commission may make the following orders

• Order the offending party to publish an apology and correction in such manner as the Commission may specify;
• Order the return, repair, or replacement of any equipment or material confiscated or destroyed.
• Make any directive and declaration on freedom of expression;
• Order the offending editor of the broadcast, print or on-line material to publish the Commission’s decision in such manner as specified by the Commission;
• Impose a fine of not more than five hundred thousand shillings (Ksh 500, 000) on any respondent Media enterprise and a fine of not more than one hundred thousand shillings (Ksh 100, 000) on any journalist, found to have violated the Act or Code of Conduct. The fine shall be a debt due to the Council
• Record a criticism of the conduct of the Complainant or Respondent in relation to the Complaint in its findings, where such criticism is warranted.
• recommend to the Council the suspension or removal from the register of the journalist involved;
• Make any supplementary or ancillary orders or directions that maybe necessary for carrying into effect orders of the Commission.

A party aggrieved by the decision of the Commission may, within thirty days after decision of the Commission appeal to the High Court.