The Books and Newspaper Act commenced on 19th July 1960. It was an act of parliament meant to make provision for the registration and deposit of books and newspapers, for the printing of books and newspapers, for execution of bonds by printers and publishers of newspapers and for matters connected therewith .
The act explains a “book” to include any volume ,encyclopaedia ,magazine ,review ,gazette,pamphlet leaflet ,sheet of letterpress,sheet of music ,map ,plan and chart which separately published and any part or division thereof but does not include a newspaper ,or visiting or visiting or business card ,bill-head,letter-heading,price list ,annual report,trade circular,trade advertisement or other legal or trade trade or business document .
Also in this act “newspaper” is defined to be any printed matter containing news or intelligence or reports of occurences of interest to the public or any section thereof ,or any views,comments or observations thereon ,printed for sale or distribution and published periodically or in parts or numbers at intervals not exceeding three months ,but does not include a visiting or business card ,bill head ,letter heading ,price list ,annual report ,trade circular,trade advertisement or other legal or trade or businesss document .
This act on the other hand goes on to explain “print”to mean production or reproduction of word or pictures in visible form by printing ,writing ,typewriting ,duplicating ,lithography,cyclostyling ,photography or any other mode of presenting in visible form ,but does not include the representation of words or pictures by means of television .
The same act includes the section of the register and registrar .It explains “register” to be a document that is required to be kept whereas “registrar” means the appointed to be registrar of books and newspapers under section 3(Appointment of Registrar) and includes a person appointed under that section to be deputy or assistant registrar .
Laws in the Books and Newspaper Act 1960
The publisher of every book printed and published in Kenya shall :
a)B efore or within fourteen days after publication at his own expense deliver to the Registrar such number of copies there of 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 .
b)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 .
c)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 .
d)The publisher of ever newspaper printed in Kenya shall upon everyday upon 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 ).
e)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 .
f)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 NEWSPAPER ACT .
An person who -
a)publishes any book printed in Kenya and fails to comply with any of the provision of copies of books to be delivered to the Registrar and returns to be made .
b)publishes any newspaper printed in Kenya and fails to comply with any of the provisions of sections 7(Copies of newspapers to be delivered to the Registrar) and section 8(Returns of newpapers to be made to the Registrar ).
c)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 newpapers to be made 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 aterm not exceeding one year or to both such fine and imprisonment .
BONDS
A bond shall be executed -
a)where the person required to execute it is a company under the common seal of the company .
b)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 businesss and his office profession or occupation .
WITHDRAWAL OF SURETY
If surety desires to withdraw from abond and gives to the Registrar and to all other persons bound thereby not less than one months’ notice in writing of such desire , he shall on the expiration of the period of that notice be discharged from his suretyship 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 “Muigwithania” which was a newspaper published by Jomo Kenyatta in 1928 .There was also Ramogi and Nyanza Times which was printed by Oginga Odinga and Uhuru wa Mwafrika by Paul Ngei .All these newspapers were a move 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 towards 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 the Act has done more good than harm since in present day we have a number of newspapers such The Standard and Nation newspaper which are enjoying media freedom and informing masses on issues affecting the country at large .The Act has resulted to more equipped print industry and well trained personnel such as editors who deliver quality work .
Reference
The Books and Newspaper Act 1960
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