SECTOR 1

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
Kenya has an Official Secrets Act that “can always be shoved” in the way of
journalists or members of the public. Lawyer Magazine was forced to go to court
to force public authorities to release information they had applied for. It argued
that some “secrets” are of public interest and in no way likely to jeopardise public
security if released. But the attempt was futile.
During the post-election violence in 2008, the Officials Secrets Acts was used to
impose a ban on live broadcasts by radio stations and television channels. Most
public documents are stamped “secret”.
Libel is criminalised in Kenya and remains an integral part of the Kenyan media
environment. The Books and Newspapers Act obliges publishers to deposit a
bond that can be used to pay up the libel claims of convicted media organs. In
2002, the value of the bond was raised from KSh10 000 (about U$125) to KSh1
million (About US$ 12 500). Criminal libel continues to be used, only less so since
the removal of Kanu from power in 2002.
The country is in the process of enacting laws in line with the new constitution.
But “when you see the time it is taking, it is obvious that there is a desire to stifle
things and maintain the old order.”

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

16

AFRICAN MEDIA BAROMETER KENYA 2012

1.9 (2005 = 1.4, 2007 = 2.3, 2009 = 1.9)

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