IREX
International Research & Exchanges Board

MSI Africa 2006-2007

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Kenya

Introduction

Overall Country Score:  2.37

Media freedom may soon be a nightmare in Kenya as the government introduced a new media law that has been widely criticized as one of the toughest in the region. The law has sections forcing disclosure of news sources by journalists and licensing of individual media practitioners. In August 2007 these proposed changes sparked off protests and demonstrations in Nairobi by angry media professionals. However, President Mwai Kibaki intervened and refused to allow the bill to be enacted into law, although his position was seen by many as a political move to win over the press and use it during the December 2007 elections. African leaders in the past have used the media during their campaigns only to turn against it after winning the election.

Kenya has a long media history, much of which spent operating under conditions of one-party rule that lasted until 1992. During this time the government dominated broadcast media with a monopoly on radio and television. However, the government and private sector competed in the print media, allowing the development of independent-minded journalists. Once the broadcasting sphere was opened, also in 1992, the private sector immediately began investing in it and several FM radio stations opened. Investment in print media also increased and more newspapers and magazines hit Nairobi’ streets.

This growth in the media and new political freedoms resulted in a wave of reporting critical of the government. The Moi government reacted by threatening, harassing, and intimidating journalists. Some media outlets were closed, and some critical journalists found themselves under arrest. This situation persisted until 2002, when Moi stepped down and power passed to Mwai Kibaki. For a time, government pressure on the media relented but soon it resumed its offensive against the media.

Press freedom violations, arrests, and intimidation of the media persist. Many oppressive laws have remained in place. The media has also remained divided through membership in the different, competing professional associations they belong to, creating is a big challenge to the profession.

Kenya’s long journalism history has created strengths that were reflected in panelists’ scores. Scores above the country’s overall average appeared in Objectives 3, 4, and 5, plurality of news, business management, and supporting institutions, with Objective 3 receiving the highest score from panelists, a 2.62. Objective 2, professional journalism, was not too far behind with a score of 2.25. Only Objective 1, freedom of speech, wound up receiving a score of less than 2, though barely, at 1.99.

Note: the MSI panel in Kenya completed its work in September 2007, before the turmoil caused by the December elections. Developments from that time will be reflected in the 2008 edition of the Media Sustainability Index for Africa.

Objective 1: Free Speech

Score: 1.99

In this objective, the vast majority of indicators scored below a 2. The lowest was Indicator 5, preferential treatment for state media. Only Indicators 8 and 9, media access to international news sources and free entry into the journalism profession, scored above the average.

Kenya is a signatory to many international conventions that enshrine freedom of expression and freedom of the press. However, constitutional guarantees are not very specific on free speech and freedom of the press. A number of negative incidents have occurred in the country that points to the media not being particularly free. The public at large shows concern about these violations and they joined the August 2007 demonstrations organized by the journalists against the proposed media law. Panelists felt that the public’s reaction towards these violations is a clear indication that press freedom is needed.

The constitutional review process underway in the country has totally left out the media and even members of the legal profession and judiciary have not been keen to address the shortcomings. Both the Kenya Law Society and judiciary have been instrumental contributors to this process in other legal aspects, but not to addressing the existing media laws. However, the judiciary has been very independent and recently seen deciding in favor of the media, but this has not stopped the government from violating people’s rights to free speech.

Kenya has had some good media laws, with clear sections on registration of new media outlets, however the government’s practices contradict these laws, said panelist David Matenda. According to him the licensing of media outlets has become political, evidenced by government friendly radio stations controlling more frequencies than others. The Communications Commission of Kenya, which is under the Ministry of Information, handles broadcast licensing but members to this commission are appointed by, and report to, the president. The Commission is supposed to be independent but experiences political interference. The attorney general is charged with licensing print media

The panel noted that although entry into the media industry is free, businesses experience unofficial restrictions making it very difficult to start a media outlet. There are no tax breaks for the media. In fact, VAT is levied on newsprint on top of other taxes, which has made it difficult for some media outlets to survive. Some have closed down very shortly after their launch. However, in general there are no special taxes imposed on the media, and the tax regime is the same as for other businesses. For example, the media benefited the same as other businesses from a general tax waiver granted by the government.

Crimes against journalist are increasing, and members of the panel agreed that government security agents sometimes have been assigned to follow journalists who are critical of the state, often ending in beatings. Individual journalists have in the past suffered from intimidation, arrest, and torture. Panelists also alleged also that the state hires criminals to target journalists perceived as a threat. They gave the example of the editor for The Standard, a victim of a 2006 police raid, who has seen multiple strange vehicles following him from his office to his residence, although so far no action has been taken against him. They also mentioned that a number of investigative journalists have received threats and politicians have interfered in newsrooms. For example, in 2006 First Lady Lucy Kibaki forced her way into offices belonging to The Nation in order to complain about negative coverage she had received. While there she hit a cameraman. The charges filed by the cameraman were dismissed.

Both print and electronic media publicize these attacks, and civil society organizations react with condemnations. The panel noted that in all these cases the government has remained tight lipped and no single person has ever been charged for such an offense despite the fact that several of them have been reported to authorities.

On top of harassment, the government has used outdated libel and defamation laws to arrest and charge journalists. Libel is both a civil and criminal matter, although only cases involving politicians receive criminal treatment. Average citizens make take journalists to civil court. Use of criminal libel certainly has a chilling effect on the media. The panel felt strongly that these laws should be amended in order to conform to modern standards of press freedom.

In the past it was difficult to access public information, particularly for private media. The situation has improved, but there is still a need to push for a law that guarantees access to public informational by all citizens, media inclusive. For example, panelists said that the Public Order Act and the Official Secrecy Act, which prohibit government officials in possession of information from releasing it to journalists and other who may need it, should both be abolished.

There are no restrictions on accessing international news sources or the Internet. Media outlets easily access international news on the Internet and from news agencies like Reuters, AFP, and others. In general, these sources are affordable.

Entry into the journalism profession is free, but the government issues an official press card to every journalist recommended by his/her employer. The panel noted that there does not appear to be prejudice in issuing the cards. Journalists can access and cover most events without any problem or restrictions, but only those with official press cards are allowed to cover state functions. Photographers have in some cases had a hard time getting the cards, and those without them have at times been stopped from covering big events.

Objective 2: Professional Journalism

Score: 2.25

Most indicators in this objective were well within half a point of the average. Two outliers were Indicator 5, pay levels for journalists, which was the lowest indicator, and Indicator 6, modern equipment, which finished a point above the average.

The panel agreed that most journalists are well trained and they do their work of collecting the information professionally, but it is how they write their stories where they go wrong. Journalists often write with an ethnic or political bias.

A code of conduct for reporters exists in Kenya, most journalist do not follow it and most journalists appear not be aware of its contents. The code was developed by the Kenya Union of Journalists, but with the current divisions in its leadership, it is not easy to implement it or enforce. However, several media outlets have adopted it and reporters at these outlets follow it.

Lack of will to raise awareness of, and enforce, a code of conduct has promoted corruption in the media. Many journalists ask for transport from organizers of events. Editors ask for money to kill stories or give more coverage to certain people, institutions, or businesses. The panel noted that there is a need to strengthen existing journalists associations, review the code of conduct, and publicize it to association members and the public in an attempt to reduce corruption in the profession.

Self-censorship is practiced at all levels. Negative stories on big advertisers are not run in order to protect revenue. Many in the media fear violence and therefore will not report critically about certain topics or people.

Key political events and issues are well covered and the panel agreed that it is only security issues that are risky. The emphasis on politics and government means that issues related to women, children, and rural development are not well covered despite their importance.

Pay levels for staff have improved at some media outlets; however, pay remains low for most freelance journalists who form the majority—75 to 80 percent—of the profession. Freelancers based in up-country stations are particularly poorly paid. The only union that could help fight for freelancers’ welfare has been divided for years, with two factions fighting for its leadership. Most editors are paid higher than reporters and are very comfortable, and panelists felt that a review is required to address this big disparity.

News and educational programs are given less space and time on broadcast stations than entertainment. This is because of the economic interests of the media owners who want to get maximum profits out of their media outlets, and panelists noted that entertainment sells advertising. On television, news takes up 30 percent of time while entertainment and commercials take the remaining 70 percent. On the radio news covers only five percent and the remaining 95 percent goes for entertainment and commercials.

Most media outlets in Kenya—print and broadcast—have good facilities and produce technically sound work. In urban areas, newsrooms are equipped with computers and their reporters and photographers have digital cameras and recorders. At rural outlets typewriters and film cameras are still in use.

Investigative reporting and specialized reporting exists at big media outlets. Such assignments are in most cases given to skilled reporters, although at times—mostly at small media outlets—they are handed out to any available reporter. Experts are consulted by journalists on certain stories, but not all the time. The media have also been very helpful in providing health tips to society regarding outbreaks of certain diseases, for example cholera in Nairobi’s Kibungo slums in April 2007.

Objective 3: Plurality of News Sources

Score: 2.62

Panelists’ scores reflected relative strength in most indicators. Indicator 2, restrictions on citizen access to media, scored the highest, a point more than the average. One indicator, however, did not score well. Indicator 4, news agencies, scored more than a half point lower than the average.

Private media, both print and broadcasting, provide coverage for both local and national issues, but people in cities enjoy have better access than in rural areas. In cities people can easily afford both print and broadcast media, but in rural areas very few can afford print media, hence depend more on broadcast media. This is because radio sets are very cheap and even poor families can afford to buy small sets costing KSH 100 ($2). The only problem becomes batteries, though still a number of people can afford those too. Newspapers cost between KSH 20 and KSH 40 (less than $1). In cities people access the Internet at affordable rates as a source of information. Satellite and pay channels on television, however, are affordable only for a few.

There is no restriction on accessing international print and broadcast media. Some publications are imported from neighboring countries and outside Africa. The Internet is often used by citizens in the cities to access foreign news sources.

The panel notes that there are about 20 radio stations today, nine television stations, five daily newspapers, six weeklies, and several monthlies. Among newspapers, those published by Nation Media Group, The East African Standard, and Citizen Media have remained in the lead with a total circulation of over 20000 copies daily. The three highest-ranked radio stations include Citizen (private), KBC (public), and Kiss (private). The top three television stations are NTV (private), KTN (private), and KBC (public).

A few community radio stations and newspapers exist in some parts of the country. Registering community radio stations requires a fee of only KSH 2000, and they are tax exempt. Most community radio stations are owned by NGOs and religious organizations. Initially they were using old equipment purchased from big radio stations that used to break down. However, have since bought modern equipment using funds raised from donors, members of these religious organizations, and from community sources.

Public media is fully controlled by the state, although its employees are professional. The state runs both a television and radio channel, which are both more or less partisan. The state no longer runs a newspaper, although the ruling party operates one. The panel said that state media give selective coverage to the opposition, but unlike other private media, it dedicates more time to quality educational and developmental programs.

There is only one local news agency, Kenya News Agency, which is state owned but provides news all media for an annual fee of KSH 250,000. Kenya News Agency provides a few good quality stories that include different points of view, but most of their stories are government propaganda, said panelists. The media also depend on foreign news agencies, like AFP, AP, and Reuters, for information. Panel members say these sources give little news of coverage to African issues, and much of the information is not useful to the average Kenyan.

Private broadcasters produce their own news programs although at times some outlets purchase programs to supplement what they produce.

The panel agreed that media ownership is generally known and not a secret, however there is no law that forces disclosure of ownership. Although politically affiliated media exist, private independent media outlets are run purely to generate profit. With the existing competition among media outlets, people choose sources they think provide good information for them.

However, much of the media in Kenya is in the hands of a few people or groups. The three main media owners are: Nation Group, with a television and radio station and several newspapers; The Standard Group with newspapers and a planned television and radio station, and; Citizen Royal Media Group with 12 FM radio stations, a television station, and newspapers.

There are no minority language media outlets, but all Kenyans use Swahili as their national language. To cover niche topics and interests there are specific pull-out sections in newspapers covering issues relating to women, business, and the environment. Broadcasters also include niche programming in their news and in documentaries.

Objective 4: Business Management

Score: 2.59

All indicators scored relatively close to the average. The leader was Indicator 2, media receive revenue from multiple sources. The lowest scoring was Indicator 5, government subsidies for private media.

Private independent media are managed purely as profit making businesses. Most media outlet owners have proper management structures in place, including boards of directors and independent editorial teams. However there are some small media outlets where you find owners doing everything, serving as managing director, advertising manager, and finance officer as well as editor and reporter. Several such media outlets have collapsed due to poor management. Other media outlets that have closed down were employing relatives of the owner who lacked proper qualifications and skills. Panelists felt that private media are better managed than the public media.

Private individuals or companies manage printing and distribution of private media and the government has no hand in it. The panel noted that there are many printing facilities in Kenya to efficiently and effectively support the media and, as such, there are no printing delays affecting newspapers.

Private media have multitude of sources of funding, the most important being advertising and sale of copies. The panel said that at newspapers, about 88 percent of revenue comes from advertising and only 12 percent from sale of newspapers. Advertising space in newspapers is about 40 percent. Personal financing from ownership and bank loans also bridge gaps in revenue stream. The panel agreed that revenue from advertising, much as it is good, can at times allow clients to interfere with editorial independence. In some cases good stories, which are considered putting a big advertiser in a negative light, are shelved.

Advertising is a well-developed industry in Nairobi, with a number of advertising firms that work for different media outlets. They solicit advertisements for media outlets as well as handling billboard and street pole advertising in cities and towns. Their staff are well-trained professionals. Both locals and foreigners own these firms. They also work in other cities such Kisimu, Mombasa, Nakuru, and Eldoret.

Public media depend on the state for funding, with a specific budget allocated annually. Managers of public media appear before parliament to defend their organizations’ interests. However, budget allocations are not enough to meet all their costs. Public media air advertisements for additional revenue. Community media also depend on sponsorship, which is not easy to get. Donations are obtained from local governments in exchange for programs they run. NGO’s contribute funds or pay for programming a little money comes from the central government.

The government does not grant subsidies to private media, but is an advertiser. The government has used their advertising power against media that it claimed were overly critical. The International Freedom of Expression Exchange reported that in April 2007, the government ordered a ban on advertising with all media owned by The Standard Media Group after its newspaper The Standard reported on an alleged plot by a government minister to kill the former president’s son.1

The panel stated that some media outlets use questionnaires, commissioned groups, and phone-in talk shows to carry out research and surveys. However, most of the time the findings are not used. However there are some media outlets that follow up on these findings and, when implemented, bring about positive changes in sales. In most cases circulation figures found through the research are higher than in reality because the research is aimed at attracting advertisers. Audience research is carried out by media outlet owners themselves or commissioned agents like Steadman, but panelists said their figures are not trusted in the industry because their work is influenced or dictated by the media outlets that hire them.

Objective 5: Supporting Institutions

Score: 2.41

The overall score in this objective was affected by both relatively high scores in Indicators 6 and 7, access to newsprint and printing facilities and apolitical distribution services, and low scores in Indicators 2 and 5, professional associations and short-term training opportunities.

Kenya has several media-related professional associations, but some of them exist in name only with no evidence of real work. The Kenya Union of Journalists (KUJ) has been in existence for decades but is weakened because of poor leadership and continued power struggles. This has led to a reduction in its membership, as several journalists have decided to move to other small associations they think are more beneficial to them than KUJ. Beneficiaries of these defections include the Business Writers Association, Kenya Sports Writers Association, and the Environmental Journalists Association. Some journalists claim that membership fees to join such associations are too high; the dues are in the neighborhood of KSH 1800 ($25), which can be high for freelancers covering rural areas.

Other associations include the Parliamentary Press Association of Kenya, Children’s Rights Association, Association of Media Women of Kenya (AMWK), Media Owners Association, and others. Panel members agree that most of these associations have not been helpful to members, except for the AMWK.

Associations like KUJ have been giving out trips and scholarships to outsiders, which panelists judged to be unfair. The trips are supposed to be for educational purposes but often end up being given to people who can afford to pay bribes to the leaders.

There are several NGOs that support the media. Among these are the Media Council of Kenya and Media Institute. Foreign donors include the Friedrich Ebert Stiftung, American Center for International Labor Solidarity, USAID, and others.

There are several universities, both private and state, that offer quality degree and diploma courses in journalism and mass communication. State universities offering degree courses include Nairobi University, Maseno, Moi, and Kenyatta, while private ones include Dayster, United States International University, and Nazarine Catholic University. The course content is very good, according to the panelists, and most graduates get jobs in the existing media outlets, although some end up in related fields such as public relations. The panel says that there are over 50 colleges that offer diploma courses in journalism.

Many options exist for short-term training. Some outlets offer in-house training for new recruits. Opportunities for those who were recruited before going through journalism colleges exist and nominal fees are charged. While often this training is individually funded, some media outlets also sponsor mid-career training for their staff. A few lucky journalists have also snatched opportunities of foreign sponsorship. The training for those who have no formal training mainly focuses on basics, but others receive specialized training like investigative journalism.

International donors organize and fund short term training courses in form of workshops, mainly in the areas of skills development and ethical issues. These organizations hire professional people mainly from the outside to conduct these courses. Panel members said that such courses could be improved upon by extending their length of time to one month and hiring local professionals who understand local needs.

Newsprint is imported by businesses that sell it to media outlets without prejudice. Likewise, printing facilities are in the hands of private businesses. Media distribution channels and kiosks are in private hands and the government does not interfere with them.

Panel Participants

Kimathi Njoka, business writer, The Standard Group online Newspaper, Nairobi
Woka Nyagwoka, editor, The East African Standard, Nairobi
Kihu Irimu, editor, Journalists for Rights of Children, Kisimu
Ibrahim Oruko, researcher, Kenya Media Institute, Eldoret
Isaac Luvisi, reporter, Citizen FM Radio, Nakuru
Khamis Ramadhan, freelance journalist, Mombasa
Sarah Nkatha, lecturer, Kenya Institute of Mass Communication, Nairobi
Fred Oduke, managing director, African Media Group, Isilii
Waithaka Waihenya, owner, Taifa Newspaper, Nairobi

Moderator
Andrsn David Matende, chairman, Kenya Union of Journalists, Nairobi

  1. The full text of the report may be found at http://www.ifex.org/en/content/view/full/82649/