between civil society, media lobby groups and the media is sporadic and issuebased. The intensity of engagement varies with issues to be advanced. However,
media practitioners do not engage meaningfully in law making processes. They
hardly even read media laws. At best, they only “cover” events discussing media
law but do not participate in consultations. In this regard, they behave like “fire
extinguishers” who rush to the “scene” of the issue when it has exploded in their
own face. Examples are the street protests in early 2009 over the Communications
Commission of Kenya Amendment Act, which by the time journalists took action,
had already reached the final stage of presidential assent.
The last two years (2007-2009) have seen improvement in the level of consultations
on media legislation. Apart from the Communications Commission of Kenya, the
Permanent Secretary in the Ministry of Information and Public Communication
has constantly involved stakeholders in consultations/discussions on media
legislation.
Where information sources are concerned, there is a wide range of information
sources accessible to citizens, as more print and broadcast outlets have come up.
In the broadcast media there are around 80 radio stations plus some pirate radio
outfits. Of the 372 radio frequencies allocated, 233 are being utilized. The entry
of internet on the media scene has increased the range of information sources and
accessibility.
Broadcasting legislation has been slow on reforms. It has now defined three tiers
of broadcasting, namely public, private and community, and also differentiates
the roles; identifies the license conditions and obligations of each category of
broadcaster. The legislation designate Kenya Broadcasting Corporation as the
Public Broadcaster established by an Act of Parliament CAP 221 of the Laws
of Kenya, to undertake public services, and assume the government functions
of producing and broadcasting programmes by sound or television. The KBC
Act provides for balance and editorial independence. The 1997 Inter-parties
Parliamentary Group (IPPG) reformed the law to provide for balance in the
coverage of political parties. In practice editorial independence has not been
visible.
After the Kenyan 2009 Media Barometer took place, the Ministry of Information
and Communication enacted the Kenya Communications (Broadcasting)
Regulations 2009 whose objectives include: protecting the rights of those who
cannot protect themselves, as well as discouraging the incitement of the public
as witnessed in post election violence, and are in tandem with political reforms.
These Regulations have caused discontent among various stakeholders, with some
calling for their revocation. The Media Owners Association (MOA) feel strongly
that the restriction of a media house to one frequency in a region (not defined in
the regulations), and quotas for local content should be withdrawn. MOA also
says that the rule on cross media ownership is not in tandem with the global best
practice and would stifle returns from present investments and discourage future

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