Kenya SCORES: Individual scores: 4,3,3,3,3,3,1,2,4,4,3 Average score: 3.0 1.3 There are no laws restricting freedom of expression such as excessive official secret or libel acts, or laws that unreasonably interfere with responsibilities of media. ANALYSIS: There has been an alarming rise in libel and defamation suits in recent years, with more than 10 cases being brought every day. In many instances lawyers take the initiative by advising clients that they “can get money out” of a certain media house. The respective laws are a legacy from the colonial era and put the onus of proof on the respondents, the media. There are no limitations on penalties, with the result that lawyers can demand very high damages based on precedents - between 20 and 30 million shillings. When media houses in turn seek legal remedy, such civil suits take years (up to ten) to be finalised as there is no time limit provided for in the law. The extremely high legal costs incurred in the process often threaten the accused media houses with bankruptcy (“one case could be enough for a small paper”). For this reason, media houses prefer to settle out of court, in keeping with the motto that a bad settlement is better than a good judgment. The bigger media houses have only recently started to engage permanent legal advice to avoid such claims in the first place, but not many lawyers are versed in libel issues. All this has resulted in a dangerous decline in reporting on corruption, for example, meaning that such cases go unreported and unpunished. The threat of being sued also affects booksellers and librarians who seek legal advice before handling some publications, thereby inhibiting intellectual freedom and access to information. 6 African Media Barometer - Kenya 2005