Kenyans must protect media freedom now more than ever

Media is regarded as the Fourth Estate because it's expected to act as a ‘watchdog’ over the three arms of government – The Executive, the Judiciary and the Legislature. The term was originally coined by The Times Editor John Delane in 1852.

Before the promulgation of the Constitution of Kenya (2010), the media in Kenya had been under constant threat, harassment, and intimidation by the government. This situation could have been orchestrated by a number of factors such as the authoritarian rule that existed at that time, mistrust by the ruling elite (that media was up to no good and had to be clamped upon); oppressive rules coupled by lack of legislation that expressly defended freedom of expression; freedom of the press and access to information as is currently envisaged in Chapter 4, Part 2, Section 33, 34 and 35 respectively of the Kenyan Constitution (2010).

However, even with the provision of the same in the Constitution, the media has on numerous occasions been attacked.  During this year’s Press Freedom Day celebrations on May 3, Article 19 - EA, reported that the number of attacks on journalists had risen from 53 between May 2019 and April 2020 to 59 cases. In the first quarter of 2020, the attacks spiked considerably with at least 36 cases recorded at the height of the coronavirus pandemic across the country. Of the 36 cases recorded, 22 violations took place between March and April, barely two months after the government’s confirmation of the first Covid-19 case. But even after that, there has been more reports on attacks on journalists, the latest being on Sunday, 23 August, 2020 where a blogger/freelance journalist was arrested over a story he posted on his blog.

Ordering journalists to leave

That notwithstanding, on Wednesday, August 19, the media was ejected from the proceedings of the Senate’s Committee on National Security, Defence & Foreign Relations where the Interior CS Dr Fred Matian’gi was to answer questions over the arrest of three Senators. The committee chairman Senator Yusuf Haji is reported to have asked the media what they were doing at the event, claiming that he didn’t remember inviting them. Ordering journalists to leave wasn’t justified by any legal provision, and was an outright violation of freedom of the media and access to information as envisaged in the Constitution under Article 34 and 35.

Additionally, on Tuesday, September 8, following a story by the Daily Nation titled 'Eight governors on graft hit list' that claimed that there was imminent arrest of Kirinyaga Governor Anne Waiguru, Mohamud Ali (Marsabit), Amason Kingi (Kilifi), Alex Tolgos (Elgeyo-Marakwet), Ali Korane (Garissa), Wycliffe Wangamati (Bungoma), Charity Ngilu (Kitui) and Mwangi wa Iria (Murang’a) on allegations of abuse of office and corruption. The Council of Governors threatened to stop advertising with the Nation Media Group following its sustained exposure of corruption in the counties. Mr. Oparanya, who is also the Governor of Kakamega County claimed the stories highlighting corruption in the devolved units was part of a smear campaign and warned that any other media house that carries stories portraying governors in negative light will also be blacklisted.

In so doing, Mr. Oparanya fails to understand that the offices they hold are public and as such, the public, through the media, have every right to question, and hold them accountable. They aren’t immune to scrutiny.  Threatening NMG with sanctions is arm-twisting the media house to publish only favorable stories and to look the other way as far as corruption matters are concerned. The statement by the Council of Governors is not just a serious threat against the independence of the media but a threat to free speech and democracy. It is a gross violation of media freedom as envisaged under article 34 of the Constitution and an attack on media’s editorial independence.

In the mid-19th century at a time when the British were experiencing political turmoil, Mr Delane wrote:

“The first duty of the press is to obtain the earliest and most correct intelligence of the events of the time and instantly by disclosing them to make them the common property of the nation. The press live by disclosures…bound, to tell the truth as we find it without fear of consequences – to lend no convenient shelter to acts of injustice and oppression, but to consign them to the judgement of the world…the duty of the journalist is the same as that of the historian – to seek out the truth, above all things and to present to his readers, not such things as statecraft would wish them to know but the truth as near as he can attain it.’’

Due to their active participation in ensuring that the three arms of the government don’t misuse their power, the media’s role often creates conflict with those in power. Nonetheless, what we all must know is that an assault on one journalist is an assault on all journalists. An affront on all journalists is an affront on the entire media fraternity. An attack on the media is an attack on the Constitution.

Aggression against the press

Out of the 47 Counties in Kenya, at least 19 have been on the spot for aggression against the press.  Beyond informing, educating, and entertaining the mass, media is also expected to provide checks & balances on the Government. To do this, the media is expected to be autonomous. But few governments like a free and independent press. Even in mature democracies like the US, the media’s freedom is constantly under threat.

Going forward, Kenyans must know that the media is an ally and not a foe. The society must learn to appreciate and protect the freedom of the press. With restricted formal space for citizen participation especially in the wake of Covid-19, the media is the only reliable source of information citizens have.

The attacks on the press is something that Kenya can firmly deal with if only Kenyans personally and collectively defend the media because media freedoms are extensions of freedom of speech. Kenyans should not leave such an important responsibility on the shoulders of just a few oganisations mandated to protect the media.