Restrictive laws, attacks on journalists, financial challenges, a docile civil society and digital platforms spreading misinformation aimed at eroding public trust in journalism still pose a direct threat to Kenyan media, a new report says.
Though there are provisions in the Constitution that promote and defend the autonomy of the media, there also are Acts that undo the gains.
According to the study, “Media Under Pressure, The Trouble with Press Freedom in Kenya” published by Friedrich Naumann Foundation for Freedom and authored by Prof George Nyabuga, some laws greatly hinder the operations and growth of media houses and journalism.
Among the laws the report lists as a threat to press freedom and free expression are National Police Service Act No. 11A of 2011, Prevention of Terrorism Act No. 30 of 2012, Kenya Defence Forces Act No.25 of 2012, National Intelligence Act No.28 of 2012, Books and Publication Act (Cap 111), Penal Code, Computer Misuse and Cybercrimes Act (2018), Security Laws (Amendment) Act No. 19 of 2014, Preservation of Public Security Act (Cap 57), Official Secrets Act (Cap 187), Defamation Act (Cap 36), Film and Stage Plays Act (Cap 222) and National Cohesion and Integration Act No. 12 of 2008.
“While the Constitution theoretically guarantees freedom of the press, putting this freedom into practice has encountered hurdles,” the report states.
Reporters covering politics, election campaigns, corruption and human rights abuses have been subject of scorn and attacks, physically and online.
The study says assault of journalists, public attacks against the media and threats to journalists emanating from the government and the opposition have been on the increase in the past year.
The Reporters Without Borders press freedom index shows Kenya slipped from position 69 last year to 116 in 2023.
“This troubling scenario is exacerbated by political intolerance, police crackdowns, economic pressure and self-censorship by the state and media outlets,” the study says.
It singles out Senate Majority Leader, Aaron Cheruiyot, who on March 6 used his X account rail at journalists saying they are a powerful cartel that must be crushed “for public good”.
On June 18, then-Investment, Trade and Industry Cabinet Secretary Moses Kuria – who has been transferred to the Public Service, Performance and Delivery Management docket – attacked the media to deflect coverage of an edible oil scandal.
Mr Kuria vowed to deliver a “lethal financial blow” to the Nation Media Group (NMG) for what he claimed to be persistent criticism of his ministry and the Kenya Kwanza regime.
Opposition Azimio la Umoja One Kenya alliance leader, Raila Odinga, is also singled out for his calls for a boycott of The Star newspaper in March.
Mr Odinga called the paper “an enemy of the people” when its editorial urged him to stop the planned anti-government demonstrations.
The report notes the absence of a robust civil society and the relatively passive stance of the international community when state and non-state actors threaten media freedom.
Media houses and top journalists taking sides during campaigns for the presidential elections last year eroded the good name of fourth estate, the report adds.
Dwindling revenue has become endemic, affecting the ability of media houses to uphold journalistic standards and editorial independence.
One alarming trend is the financial pressure placed on media outlets as authorities resort to punitive measures like withholding advertisements.
“This places the financial sustainability of media houses in jeopardy and raises serious questions regarding the fundamental principles of press freedom and editorial autonomy,” the study continues.
Other than destabilising the operations of the organisations, the financial hitches result in cutbacks in investigative journalism, diminished variety of voices and promotes self-censorship.
