SECTOR 1 which prohibits acts exciting disaffection against any public officer. The Penal Code further provides for prohibition of publications by the ‘Minister’ without clearly stating the grounds and procedures for a ban. Political reforms have hardly ameliorated the situation 4. The Books and Newspaper Act (Chapter 111) was revised in the run-up the 2002 general elections but it introduced harsher conditions for the registration of newspapers, including raising the security bond to be deposited from kshs. 10,000 to kshs. 1 million (US $ 125 to 12.500) to be deposited with a bank, stipulating elaborate security and administrative processing and the bonding of vendors. The biggest threat faced by journalists is libel suits. The Defamation Act remains rigid and leaves wide interpretation, for example, on “Public figure”, ‘injured reputation” and provides for limitless penalties. Thus hefty fines have been witnessed that are higher than the share capital of some of the affected media The mainstream establishments. An example is that of Martha Karua Vs Mburu Muchoki of the Independent (alternative newspapers ...usually media) newspaper. In February 2007, Muchoki attempt to “settle out of was jailed for criminal libel in a case that raised the court”. question of the independence of the judiciary and the rule of law where the powerful are concerned. The Muchoki case set out a different precedent: It was a result of a private criminal prosecution filed by the then Justice and Constitutional Affairs minister Martha Karua in 20045. It arose from an article published on the front page of the Independent on 28 June 2004 under a bold headline: “Karua’s Father in abortion scandal”. Initially the minister had filed for libel against Muchoki and company. She was awarded Ksh 25 million in damages in a case that was not defended. However, the matter went back to court when issues regarding service of papers and execution of the award were raised. The mainstream newspapers particularly The Nation and The Standard usually attempt to “settle cases out of court”. The Media Council of Kenya has over 70 cases pending arbitration. The libel and defamation laws are rooted in colonial history, where they were designed to suppress individuals and nationalist papers. According to the Defamation Act, the burden of proof is on the accused. In Britain the burden of proof is on the complainant. 4 Africa Media Barometer, 2005 (indicator 1.1.) 5 “Independent editor’s case reeks of revenge” Expression Today April 2007. AFRICAN MEDIA BAROMETER KENYA 2009 13