SECTOR 1 Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Just three weeks after a national referendum, during which 68 percent of the population voted in favour of it, President Mwai Kibaki signed the new Kenyan Constitution into existence. The constitution, which was promulgated on 27 August 2010, is considered one of the most democratic on the African continent as well as the rest of the world. It guarantees wide ranging freedoms in its fourth chapter titled the Bill of Rights. Articles 33 to 35 of the 2010 constitution specifically grant freedom of information, freedom of the media and access to information. Article 33 (1) states that “Every person has the right to freedom of expression, which includes: (a) freedom to seek, receive and impart information or ideas; (b) freedom or artistic creativity; and (c) academic freedom and freedom of scientific research”. Article 34 guarantees “freedom and independence of electronic, print and all other types of media”, and underlines that “the State shall not exercise control over or interfere with any person engaged in the broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.” Meanwhile, Article 35 states that: “Every citizen has the right of access to (a) information held by the State and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom.” The 2010 Constitution provides for checks and balances and ensures accountability of elected officials through a provision that allows for the recall of parliamentarians. Critics are concerned by the unclear definition of hate speech which allows for broad interpretation of the term and could be used to curtail freedom of expression. 12 AFRICAN MEDIA BAROMETER KENYA 2012