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.

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AFRICAN MEDIA BAROMETER KENYA 2009

Select target paragraph3