Up to 2023, under the National Information Communications and Technology Policy Guidelines, 2020, only companies with at least 30% substantive Kenyan ownership were licensed to provide ICT services, including telecommunicatons and broadcasting services (up from 20% under the 2006 policy). This equity restriction was lifted by an amendment to the Guidelines, published on 22 August 2023. (For more informaiton, see Bowmans (2023))
"In these Regulations, unless the context otherwise requires—[...]
"local content" means the total of all television or radio programmes which fulfill any five of the following conditions: (a) the production is made in either Kenya's native languages or official languages of Kenya; (b) production was done in Kenya; (c) the content deals with issues that are unique and relevant to Kenyan audiences; (d) at least twenty per centum of the share of the production company are owned by Kenyans; (e) a majority of the artistes are Kenyans; (f) the location of shooting, in case of audiovisual programmes or performance was in Kenya; (g) the author thereof must be a Kenyan national and in case of co-authorship or multi-authorship fifty per centum or more of the authors must be Kenyan; (h) the production is made under Kenyan creative and technical control; but does not include news and commentaries; 
[...]
PART II – LICENSING [...]
6. Obligations relating to broadcasting services. [...]
(3) In the case of free-to-air broadcasting services the Commission shall ensure that the services— (a) provide the amount of local content as specified in the licence;
[...]
10. Ownership and control. [Cap. 485A] 
(1) No persons other than the public broadcaster shall be directly or indirectly, entitled to more than one broadcast frequency or channel for radio or television broadcasting in the same coverage area. Provided the Commission shall prescribe a timeframe for existing stations to comply with this requirement. 
(2) The shareholding of a licensee shall at all times comply with the Government's Communications Sector Policy, as may be published from time to time. 
[...]
12. Commercial free-to air broadcasting service. [...]
(2) The Commission shall, in consultation with the Minister in charge of information, license foreign commercial broadcasters, subject to availability of frequencies or channels. 
[...]
14. Subscription broadcasting service licenses and subscription management services. 
(1) The Commission may upon application, in the prescribed form, grant a subscription broadcasting services licence for— (a) satellite broadcasting services; (b) cable broadcasting services; and (c) subscription Management services. [...]
(4) A subscription management services provider shall not enter into contractual arrangements with a foreign multi-channel satellite provider unless the foreign multi-channel satellite provider has landing rights in Kenya. 
(5) A subscription management services licensee shall be required to have minimum local equity participation of twenty per centum. 
[...]
35. Local content. 
(1) The Commission may require a licensee to commit the minimum amount of time, as maybe specified in the licence, to broadcast of local content or as may be prescribed from time to time by the Commission by notice in the gazette: Provided that where a broadcaster is, unable to comply with the foregoing, the Commission shall require such broadcaster to pay such an amount of money, as may be prescribed by the Commission into the Fund. 
(2) The Commission shall from time to time prescribe a minimum local content quota for foreign broadcasting stations that broadcast in Kenya. [...]" (Kenya Information and Communications (Broadcasting) Regulations, 2009)
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"6.2.4 Rules [...]
Equity Participation 
The government strongly encourages Kenyans to participate in the ICT and Science and Technology sector through equity participation. It is the policy that only companies with at least 30% substantive Kenyan ownership, either corporate or individual will be licensed to provide ICT services. For purposes of this rule, companies without majority Kenyan ownership will not be considered Kenyan, and may thus not be calculated as part of the 30% Kenyan ownership calculus. Licensees will have 3 years to meet the local equity ownership threshold; they may apply for a one year extension with appropriate acceptable justifications.[...]" (National ICT Policy Guidelines 2020)
Kenya Information and Communications (Broadcasting) Regulations, 2009
National ICT Policy Guidelines 2020
[<a href="https://www.ca.go.ke/sites/default/files/2023-06/Broadcasting-Regulations-2009-1.pdf">Reg</a>],[<a href="https://www.ca.go.ke/sites/default/files/CA/Statutes%20and%20Regulations/National-ICT-Policy-Guidelines-2020.pdf">Guidelines</a>],[<a href="https://www.pwc.com/ke/en/assets/pdf/regulatory-alert-2020-ict-policy.pdf">Other</a>],[<a href="https://bowmanslaw.com/insights/kenya-cabinet-secretary-removes-local-equity-requirement-for-all-ict-sector-players-with-immediate-effect/">Other</a>]