SECTOR 1

1.12 Media legislation evolves from meaningful consultations among state institutions, citizens and interest groups.
Generally citizens are not involved in the process of formulating legislation.
“People only hear that there is a new law in parliament and have no information
about how it got there.”
More recently, there have been stakeholder meetings related to the formulation
of new legislation but citizen participation has been minimal. Even when there is
visible consultation, the resultant legislation often does not reflect the inputs of
interest groups outside the government.
“Since the passing of the new constitution, there has been a deliberate effort to
get people talking about laws and bringing in ideas but as soon as they walk out,
those views remain in the room.”
The outcome of consultation on several media laws, including the FOI Act, cannot
be judged at this point because the legislations are yet to be enacted. But there
has been a strong involvement of the media in the formulation and amendment
of the Media Act. Initially the government tried to “ambush” the Kenyan Media
Council by introducing a clause stopping it from receiving outside grants, yet not
making provisions for government grants.
The Kenyan Media Council preferred alternative funding to that provided by the
State to ensure that there was no government influence. Following consultation
with the media fraternity that included groups like the Editors’ Guild as well as
parliamentary committees, the Act was later amended to guarantee government
sponsorship of the Media Council but with the proviso that the organisation
continue to act independently and outside of government influence.

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AFRICAN MEDIA BAROMETER KENYA 2012

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