Understanding the Books and Newspaper Act 1960: Its Impact on Kenya’s Media Industry

• By Clinton Wanjala

• 469

• Last updated Sep 20, 2025

The Books and Newspapers Act commenced on 19th July 1960. It was an Act of Parliament intended to make provisions for the registration and deposit of books and newspapers, for the printing of books and newspapers, the execution of bonds by printers and publishers of newspapers, and for matters connected therewith.

The Act defines a “book” to include any volume, encyclopaedia, magazine, review, gazette, pamphlet, leaflet, sheet of letterpress, sheet of music, map, plan, or chart that is separately published, or any part or division thereof. However, it does not include a newspaper, visiting or business card, bill-head, letter-heading, price list, annual report, trade circular, trade advertisement, or other legal, trade, or business document.

In this Act, a “newspaper” is defined as any printed matter containing news, intelligence, or reports of occurrences of public interest or views, comments, or observations thereon printed for sale or distribution and published periodically or in parts or numbers at intervals not exceeding three months. This definition also excludes visiting or business cards, bill-heads, letter-headings, price lists, annual reports, trade circulars, trade advertisements, or other legal, trade, or business documents.

The term “print” means the production or reproduction of words or pictures in visible form by printing, writing, typewriting, duplicating, lithography, cyclostyling, photography, or any other mode of visual representation. It does not include the representation of words or pictures by means of television.

The Act also includes provisions regarding the register and the registrar. A “register” is defined as a document required to be kept. A “registrar” refers to the person appointed under Section 3 (Appointment of Registrar) as Registrar of Books and Newspapers and includes any deputy or assistant registrar appointed under the same section.

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Laws in the Books and Newspaper Act 1960

The publisher of every book printed and published in Kenya shall:

1. Before or within fourteen days after publication, at his own expense, deliver to the Registrar such number of copies thereof, not exceeding three in number, as may be prescribed, together with a return in respect thereof in the prescribed form containing the prescribed particulars and signed by him.
2. If so required by the Registrar by notice in writing not later than one year after publication of the book, deliver to the Registrar, at his own expense and within one month after receipt of such notice, so many additional copies thereof, not exceeding three in number, as may be specified in the notice.
3. In order to facilitate the publication of the national bibliography of Kenya under section 4(k) of the Kenya National Library Service Board Act, before or within fourteen days after publication of the book, at his own expense deliver to the Director, Kenya National Library Service, two copies thereof together with a return in respect thereof in the prescribed form.
4. The publisher of every newspaper printed in Kenya shall, upon every day on which the newspaper is published, at his own expense deliver or send by registered post to the Registrar two copies of the newspaper and two copies of every supplement thereto (if any).
5. Such copies shall be of the paper on which the largest number of copies of the newspaper are printed and published and shall be in the same condition as the copies prepared for sale or distribution.
6. The publisher for the time being of every newspaper printed in Kenya shall, within fourteen days after the date on which it is first published, and in the month of January in every year thereafter, make, sign, and deliver to the Registrar a return in prescribed form in respect thereof.

Penalties Pertaining To Publications of Books and Newspapers Act

Any person who:

1. Publishes any book printed in Kenya and fails to comply with any of the provisions regarding the delivery of copies of books to the Registrar and the returns to be made.
2. Publishes any newspaper printed in Kenya and fails to comply with any of the provisions of section 7 (Copies of newspapers to be delivered to the Registrar) and section 8 (Returns of newspapers to be made to the Registrar).
3. Makes any return under section 6 (Copies of books to be delivered to the Registrar and returns to be made) and section 8 (Returns of newspapers to be made to the Registrar) which he knows to be false or does not believe to be true in any particular,

shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Bonds

A bond shall be executed:

1. Where the person required to execute it is a company, under the common seal of the company.
2. In other cases, in the presence of a magistrate and one other witness not being party thereto, each of whom shall subscribe his name, his place of residence or business, and his office, profession, or occupation.

Withdrawal of Surety

If a surety desires to withdraw from a bond and gives to the Registrar and to all other persons bound thereby not less than one month’s notice in writing of such desire, he shall, on the expiration of the period of that notice, be discharged from his suretyship to the bond.

The Books and Newspaper Rules

1. The number of copies of every book printed and published in Kenya shall be delivered to the Registrar.
2. On the delivery of the copies referred to in this rule, the Registrar shall issue a receipt and certificate of registration.
3. The Registrar shall keep in safe custody one copy of each of the books referred to in this rule and shall dispose of the second copy thereof as the Minister may direct.
4. The Registrar shall keep in safe custody one copy of each newspaper and supplement thereto delivered or sent to him.

Some of the publications during the precolonial era included “Muigwithania”, a newspaper published by Jomo Kenyatta in 1928. There was also Ramogi and Nyanza Times, which were printed by Oginga Odinga, and Uhuru wa Mwafrika by Paul Ngei. All these newspapers were part of a movement to agitate for independence. The African nationalists had reached a point where they saw the immediate need for political freedom.

Unfortunately, in 1952, the colonial government declared a state of emergency in Kenya and banned all African newspapers. In 1960, the Books and Newspaper Act was introduced by the colonialists in a bid to control the growth of local publications. This Act was a negative move toward granting Africans their deserved media freedom. Since, during the colonial days, most Africans had not acquired formal education, the introduction of the Act hindered them from starting publications that were a way of enlightening people on the need for political freedom.

In the long run, however, the Act has done more good than harm. Today, we have a number of newspapers such as The Standard and Nation Newspaper which are enjoying media freedom and informing the masses on issues affecting the country at large. The Act has resulted in a more equipped print industry and well-trained personnel, such as editors, who deliver quality work.

Reference:

The Books and Newspaper Act, 1960