SECTOR 4

million (about US$625,000). Even though it is set up within the MCK, the CC
works independently of the council.
The Complaints Commission is able to retain its autonomy because it is not
bound by the Evidence Act and “except as expressly provided in this Act or any
regulations made thereunder, the Complaints Commission shall regulate its own
procedure.”
The media actually prefers dealing with the Complaints Commission, which
can impose a fine of up to KSh 200 000. “The commission’s primary objective,
though, is mediation. Most complainants often want only an apology. Since its
creation, only two or three cases have resulted in fines.” Court proceedings, on
the other hand, are quite expensive and fines could reach KSh 500 000 (about
US$6.250). There was a case where the Complaints Commission of the Media
Council slapped a fine of KSh 1.4 million for breach of the Code of Ethics and
another case was KSh 1000000 and another was KSh 800 000.
Since its creation, the CC has been quite busy. It has presided over 70 complaints
over the last year leading to March 2012. At the time of this report, it was
handling at least 25 complaints. One of them was filed by a minister who filed for
defamation against a weekly newspaper.

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:

3.5 (2005 = 3.3, 2007 = 3.7, 2009 = 2.6)

4.2 The standard of reporting follows the basic principles of accuracy and fairness.
Kenyan media reporting is considered acceptably accurate but not always fair.
Unfair reporting is influenced by politics, ethnicity and advertising. The media will
rarely ever report negatively about an advertiser and give less space to businesses
that are not regular advertisers.
There are many examples that demonstrate sloppy reporting in the media. A court
had to stop The Star from reporting a murder case after the paper revealed the

AFRICAN MEDIA BAROMETER KENYA 2012

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Select target paragraph3