SECTOR 1

expanding, there is media control not necessarily because of the law, but because
of ownership and commercial interests3.
Kenyan citizens have been vocal on call-in shows on FM radio stations, and
continue to express themselves freely on topical issues in the country. Television
news programmes also provide a daily question where audiences are asked to text
or vote or state their position(s). On this, citizens have been
critical and have demonstrated a boldness that shows they are
asserting their freedom of expression without fear.

...there is “a degree
of recklessness” in
sections of media
practice.

It is noted that as Kenya is emerging from years of autocracy,
there is “a degree of recklessness” in sections of media practice.
This is evidenced by complaints forwarded to the Media Council
of Kenya, and the cases before the courts and the citizens’
discussions in the mass media.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

3.0 (2005=3.0; 2007=3.7)

1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of media.
Analysis
There are various laws that affect the media adversely, including the Official
Secrets Act, the Law of Sedition which defines seditious acts as the intention to,
among others, “bring into hatred or contempt or to excite disaffection amongst
the inhabitants of Kenya”, the Defamation Act, and Section 77 of the Penal Code,
3 Sitting members of parliament have also acquired broadcast licenses and set up media outlets.

12

AFRICAN MEDIA BAROMETER KENYA 2009

Select target paragraph3