investments. The Editors’ Guild have recognized the need for regulation in order
to safeguard the profession and promote the inalienable rights of free expression,
but feel betrayed by the Ministry for “not securing full consent and participation
of the media industry stakeholders” in establishing a broadcast Advisory Council.
The Guild is of the opinion that the government is seeking to exercise control of
the media under the guise of regulating the media.
A positive development though is that the regulations in Article 13 (2) provide
for the CCK, through the frequency plan, to ensure that an equitable number of
frequencies or channels are reserved for community broadcasting.
The Statute Law (Miscellaneous Amendment) Act 2009 established the
Broadcasting Content Advisory Council that will be responsible for the
administration of the broadcasting content, and the mechanisms for handling
complaints. The Act makes provisions for appointment of inter alia, two members
by the Media Council of Kenya, one from the Law Society of Kenya and two
nominated by CCK, one of whom shall be recommended by the inter-religious
forum.
Broadcasting is regulated by what is supposed to be an independent body an outlook
that represents diverse interests. However, the process of selection of membership
is not open as it is left to the minister to decide. The relevant legislation does
not spell out the qualifications e.g. gender, media expertise and ICT competency.
Given the coalition government, the tendency has been appointments based on
party and political expediency.
When it comes to standards or reporting, the principles of accuracy and fairness
are not always adhered to. There is bias towards political coverage and little about
the grassroots. There is bias in headlines giving hint to certain perception and
images. Quality of reporting also depends on the editorial policy of the media
house. In other words, fair and accurate reporting conforms to editorial interests
of the media house. For example, there was a time a former Minister for Finance,
Amos Kimunya, made a statement about the Stock Market not being a ‘fish market
or a potato market’. But the media reported only on the bit about the stock market
not being a ‘fish market,’ which was a deliberate slant and a case of lack of accuracy
and fairness.
Women are not equally or adequately represented in the media although equal
opportunity policies in terms of gender are in place in most media establishments.
Indeed efforts are constantly being made towards this goal. However, biases are
discernable in the prominence given to stories. The issue of sexual harassment has
constantly come up in media houses, in stories and discussions.
In the last two years (2007-2009), the Kenyan media environment has witnessed
positive developments. These include:

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AFRICAN MEDIA BAROMETER KENYA 2009

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