SECTOR 1

1.4 Government makes every effort to honour regional
and international instruments on freedom of expression and the media.
Article 2 (6), of the Kenyan constitution states:
“Any treaty or convention ratified by Kenya shall form part of the law of
Kenya under this constitution.”
But in practice, the government of Kenya is not seen as making any effort to
honour regional and international instruments on freedom of expression and the
media. Instead, “it is felt that the government makes an effort to undermine
international instruments”.
However, this is still to be fully appreciated since members of the public and the
media have not yet tested the laws. “It is up to the users to take advantage of the
laws ratified by the government. But that is not yet the case.”

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:

1.4 (2005 = n/a, 2007 = n/a, 2009 = 1.5)

1.5 Print publications are not required to obtain permission to publish from state authorities.
Prior authorisation is required to start and run a print publication in Kenya.
Newspaper publications in Kenya are regulated by the Book and Newspapers Act
of 1960, which was amended in 2002. By law, anyone starting a newspaper must
take the following steps:
•
•
•

Register a company;
Open a bank account;
Print at least one edition which will serve as a sample to be attached
with the application to the Registrar of Books and Documents;

AFRICAN MEDIA BAROMETER KENYA 2012

17

Select target paragraph3