Kenya AFRICAN MEDIA BAROMETER KENYA SECTOR 1: 1.1. Freedom of expression, including freedom of the media, are effectively protected and promoted. Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: Section 79 (1) of the Constitution of Kenya states: “Except with own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say freedom to hold opinions without interference, freedom to receive ideas and information without interference and freedom from interference with his correspondence.” The constitution is silent on the press or media as an institution in this regard, and the guarantee of freedom of expression is conditional. The constitution allows for laws to be passed that restrict this freedom in the interests of defense, public safety, public order, public morality or public health. There is no indication on how ‘public’ morality, for example, is to be defined. The constitution may have guarantees for freedom of expression but the reality on the ground is different. There are various acts in place that affect the media adversely. These include 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”, and the Defamation Act, Section 77 of the Penal Code which prohibits acts exciting disaffection against any public officer. The Penal Code further provides for prohibition of publications by the “Minister” African Media Barometer - Kenya 2005 3