The media in Kenya has been handcuffed and is being controlled; the public is being denied their fundamental right of access to information and is being subjected to viewing only what the Kenyan overbearing government wants it to. This is a dark time for the country, literally. This is an act that is regressive, ancient and domineering and which must be strongly condemned from all rounds.
The past two days have left the nation wondering whether the media is limited to broadcasting content that only favors the government. The dominant ideology of the media is to inform the citizen who has a right to access information held by the State or by another person; this promotes the enjoyment of the citizen’s freedom. This is enshrined in the laws of Kenya that citizens abide to in full spirit.
The same constitution that Kenyans overwhelmingly voted for in 2010 has been ignored with every disregard being treated very typically. The efforts of liberalizing this country’s communication sector over the decades have been recoiled. The media is now under siege.
Article 34 of the standing constitution grants media freedom, with the only limitations being proliferation of propaganda for war, incitement to violence, hate speech and advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm or discrimination. Besides situations when the media infringes on these provisions, it should not be restricted in its activities.
Should the media interfere with the rights of others, including the state’s, there are well laid down systems of how to deal with it. The country has an independent Judiciary and other autonomous institutions like the Media Council of Kenya and Communications Authority of Kenya. These have been instituted to promote communication in Kenya.
The authority that is responsible for facilitating the development of the Information and Communications sectors in Kenya is the same institution that is alleged to have switched off the broadcasting signals for Citizen, NTV and KTN televisions. This is the Communications Authority of Kenya (CAK).
KBC which is state-owned and K24 which is alleged to be owned by the ruling class have not been switched off. Paradoxically, CAK is mandated to ensure that Kenyans have access to affordable communications services.
The government ought to let the Media Council of Kenya that promotes media freedom and professionalism in journalism carry out its mandate. MCK sets media standards and ensures compliance with those standards. The Media Act 2013 under Section 27 establishes a Complaints Commission whose mandate is to arbitrate in disputes between Government and media. The services of the Commission are free of Media and Government influence. Complaints brought to the commission constitute a breach of the Code of Conduct for the Practice of Journalism in Kenya.
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The constitution further stops the government from interfering with media personnel and allows the different media institutions including state-owned to determine their content. The alleged arrest of Linus Kaikai and the imminent of other arrest journalists is a shot to the messenger.
In America, the government cannot stop any broadcasting even when there is a reason to believe that it is about to reveal information that will endanger national security. Further, the government cannot pass a law that requires newspapers to publish information against their [media] will.
The First Amendment to the U.S Constitution articulates that “Congress shall make no law abridging the freedom of speech or of the press…” It is closely linked to freedom of the press because this freedom includes both the right to speak and the right to be heard. In US both the freedom of speech and freedom of press are commonly called freedom of expression. Freedom of speech is the liberty to speak openly without fear of government restraint.
The media gives the facts then the public can decide. The Code of Conduct for the Practice of Journalists obligates pressmen to be impartial, fair, decent, accurate and responsible. Over the years, the media has been a gatekeeper and watchdog of the government, including in more serious cases in Kenya when it has exposed mega scandals. It has also on the other hand supported the government in the expedition of development. The government should thus let the media continue enjoying its freedom and the public to continue receiving the much needed information. The fundamental rights and freedoms as laid down in the bill of rights are not negotiable and they accrue to every single Kenyan and every media institution.
A redacted version of this article has been published by The Standard
