SECTOR 1 Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Analysis The Kenya Constitution under Section 79(1) provides for the freedom of expression which includes the right to receive and communicate ideas and information without interference. It states: “Except with his own consent, no person shall be hindered in enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence”. However, the same section 79 (2) of the constitution provides for exceptions where the freedom may not be applied and states inter alia, the defense, public security, public safety, public order, and public morality or health. These provisos are stated without definition or interpretation. In addition the freedom is restricted by other pieces of legislation such as Official Secrets Act (Chapter 187), which is concerned with concealing information in the possession of the government. In practice this Act closes the very window the Constitution opens. Other Acts include the Defamation Act (Chapter 36), the Penal Code (Chapter 63), and the Public “media freedom Order Act (Chapter 57). invariably thrives on the vagaries of political developments” While there is no firm recognition of the media in the Constitution, in practice there is recognition. The “media freedom invariably thrives on the vagaries of political developments” and shifting political interests. This in the past has led to the formation of the Press Law Task Force, the establishment of the Media Council of Kenya, and more recently, the efforts that culminated in the Freedom of Information draft Bill. Latest developments in this sector include the enactment of the Media Act (2007), the Kenya Communications Amendment Act 2008, and the ICT Policy 2006. 10 AFRICAN MEDIA BAROMETER KENYA 2009