SECTOR 1

The challenge is for journalists to be more professional and avoid mediocrity. For
example, they make mistakes of captioning using colloquial language which is
subject to varied interpretations. Journalists also need to be proactive in the ongoing sectoral reforms/regulations being spearheaded by the Communication
Commission of Kenya (CCK), the Constitutional debate and the various relevant
acts. They should engage lawyers through research and briefings for the necessary
reforms.

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: 			

1.9 (2005=1.4; 2007=2.3)

1.4
Government makes every effort to honour
regional and international instruments on freedom of
expression and the media.
Analysis
Kenya has ratified the relevant continental and regional legal instruments relating
to freedom of expression and media. It has ratified the International Convention
on Civil and Political Rights (ICCPR) 1972, from which the article 19 framework
is drawn 6.
However, Kenya is still not bound by these legal instruments because it has a
‘dualistic legal system’— the international law and domestic law are treated as
separate legal orders, existing independently of one another. As such regional
and International instruments on freedom of expression are not automatically
implemented. They may have been ratified but they have to be “domesticated” in
the local legal regime and practice.
Regional and international instruments have largely been used by the civil society
for reference and benchmarking the local practice.
6 Study by AfriMap on Public Broadcasting in Kenya (yet to be published).

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AFRICAN MEDIA BAROMETER KENYA 2009

Select target paragraph3