IREX
International Research & Exchanges Board

MSI Africa 2008

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Kenya

Introduction

Overall Country Score: 2.13

The Media in Kenya is under threat after the National Parliament enacted the Communications Amendment Bill 2008 into law, with several draconian clauses. The law contains provisions that empower the minister of Internal Security to raid media outlets and seize equipment in “emergency” situations; authorizing the Communications Commission of Kenya (CCK) to devise a Programming Code for all broadcasters and monitoring its implementation; forced disclosure of news sources by journalists, and; licensing of individual media practitioners. President Mwai Kibaki initially intervened to block the law in August 2007 after it sparked nationwide protests. This was widely seen as a move to strengthen political support, since the bill was reintroduced and passed a year later.

During consideration of this law, the media, led by media owners and civil society organizations, protested and asked the government to send it back to parliament to remove the repressive provisions. A number of journalists and members of civil society who participated in these protests were arrested and detained, but later released. Due to pressure from both local media stakeholders and international donors, President Kibaki has directed his attorney general to amend this law in consultation with all media stakeholders. This united action by media outlets and supporting institutions has helped to heal previous divisions amongst them and give purpose to the leadership of—what have been in the past—weak associations.

Nonetheless, the state has continued with arrests, intimidation, and harassment of the media. The recent unity among politicians against the media is a real threat that served as an eye opener to Kenyan journalists, who fear hard times ahead.

This new law came at a time when the media was recovering from the violence they experienced during the December 2007 elections, which were sharply contested by the incumbent president, Kibaki, and the main opposition candidate Raila Odinga. Between 1200 and 1500 people lost their lives, property was damaged, and several thousand Kenyans were displaced. During this turmoil a number of journalists were beaten, harassed, and arrested by security apparatus and without any intervention from the civilian authorities. Peace prevailed after the two parties formed a government of national unity with the help of regional and international efforts.

Most of the media was commended by the public for standing up to the challenge by doing their work without taking sides and campaigning and promoting peace until the violence was over. Panelists said, however, that there were a few of their colleagues who betrayed the media and took sides during the election coverage, but added that these were isolated cases.

Despite the above situation, investment in the media sector has grown since the opening of the broadcast sector in 1992, with new media outlets, both print and electronic, starting up in major cities and rural areas.

Objective 1: Free Speech

Score: 2.08

Despite the legislative changes, panelists’ scores showed little effective change overall compared to last year, although most indicators did change. Panelists gave better assessments of Indicators 2 (broadcast licensing), 3 (market entry), and 6 (libel laws). They gave lower scores for Indicators 4 (attacks on journalists), 8 (media access to international news sources), and 9 (free entry into the journalism profession). Further, several indicator scores varied compared to the overall objective score: Indicators 3 and 8 both scored more than a half-point higher than the average, while Indicators 4, 5 (legal guarantees of editorial independence for state media), and 7 (access to information) all scored more than a half-point lower.

Much as there are clear Constitutional provisions that guarantee press freedom and freedom of speech, contradictory laws have continued to exist on the books and are used by the state and its operatives to violate these freedoms. Among these laws are the Newspaper Act, Public Security Act, Books and Publishing Act, Official Secrecy Act, and many others. As reported in the 2007 MSI survey, which revealed that the media had been left out of the constitutional review process that is still on, the outcome of not working in conjunction with the media is the bad media laws that have been enacted. Panelists said there is an urgent need for journalists to fight for their rights before it is too late.

The panel said that government officials, on top of these laws, have sometimes made “roadside declarations” that further repress the media and are quickly implemented by security organs.

“There is need to harmonize all these laws and abolish all the bad ones if the media is to achieve the total freedom we deserve,” said Khamis Ramadthan, a freelance photo journalist. Moderator David Matende, chairman of the Kenya Union of Journalists, added that under such a situation, the media is at the mercy of the security minister who can wake up one day and use the law to intimidate the media and even close down some media houses.

The panel gave the example of John Muchuki, security minister in 2006 and now in charge of the Environment Ministry, who used the police to raid The Standard Media Group offices on a tip off that they were going to run a story about the first family. The raid destroyed and confiscated some equipment and copies of its publications. “We have fears that the same thing may reoccur under the new media law that empowers the security minister to carry out raids on media houses any time he wants,” added one panelist.

In a similar vein, the government banned live broadcasts in January and February 2008 in order to better control content.

However, Kwamboka Oyaro, correspondent for Inter Press Service, accused some journalists of abusing the freedom the media in Kenya has enjoyed, which, he said, has forced government to come up with bad laws in order to contain them. He added that some media houses were exploited by politicians to promote violence during the election period, which was very unfortunate.

The media has attracted public support and on two occasions (in 2007 and 2008) it joined the media in protests and demonstrations against oppressive laws and violations of press freedom.

With the appointment of new judges in Kenya, the judiciary’s independence has been negatively affected. Chances of judgments that work in favor of the government over the media have increased. One panelist added that “This is not the strong judiciary that Kenya had that used to be fair to everybody, media inclusive; it only favors those in power, the rich and politically powerful.”

The laws on registration of media houses, both print and electronic, remain unchanged compared to last year. Newspapers are required to execute a KES 1 million ($15,000) bond with the Registrar General; electronic media apply for a license from the Ministry of Information and a frequency from the CCK (under the same ministry) for a fee of KES 20,000 ($300)

The CCK is headed by a director who is appointed by the president, through his minister of information, and all its members are directly answerable to him or her. The CCK experiences regular political interference and, said panel members, will never be independent as it is presumed to be as long as this structure remains unreformed.

Therefore, political considerations can block an applicant from getting a license. Those denied, however, may petition the high court for its issuance, the panel said. They cited the example of Royal Media Services, which owns several FM stations in different parts of the country. Royal Media Services had been denied licenses but got them later after going to court.

The panel noted that although entry into the media industry is—apart from the licensing—free, there are unofficial hurdles in starting a media business. Further, the government charges VAT on newsprint and other materials for newspaper production. In the year under review no business, media inclusive, received any tax waiver from the state, and the media continued paying the high taxes despite the difficult economic situation.

Crimes against journalists went up over the year, with security agents blocking the media—especially photographers—from doing their work, confiscating cameras and beating up journalists without intervention by the state. The panelists stated that journalists have continued to be targets of politicians, who hire “thugs” to follow them. Threatening messages have been sent by unknown people to several journalists.

In an extreme example, noted photojournalist Trent Keegan was found murdered, although the motives in the case were unclear. Another, more common, example given by the panelists was the case of Rebecca Nduguna, whose camera was confiscated while trying to take some pictures and was detained for some days but later release without any charge.

Ibrahim Oruko, a researcher for Kenya Media Institute, added that these crimes, though not given much publicity by the media, attract a lot of public outcry because such things happen in broad daylight and the victims involved have relatives who take up their cause.

The panel concluded that in all these cases government has remained tight-lipped and very few have ever been charged for such offenses—and even these are typically described by the authorities as common crimes and not in retaliation for the work of the journalist—despite the fact that many instances have been reported to the police.

Oyaro said that although the media laws are written to be enforced equally across the board, custom favors state media because it is used by the government for self-promotion. He added that despite the fact state media are supposed to be independent by law, in practice this is not observed.

Libel has remained in the realm of both civil and criminal courts and the venue depends on the person the media reports about. For politicians, libel is treated as a criminal matter; it is a civil case for others. “I was charged for civil, because I had written about a businessman, but my colleague Mburwa Muthoki, was jailed for six months when he wrote a story on the minister of justice and constitutional affairs,” said Matende. The panel suggested that these laws should be amended in order to conform to modern standards of press freedom.

Accessing public information has become more difficult than in 2007, and the panel suspects that it is because of increased corruption in the government and lack of a specific law that guarantees media access to all information in the hands of the state. The freedom of information bill has been pending for three years now. Sarah Nkatha, lecturer at the Kenya Institute of Mass Communication, added that laws like the Public Order Act and the Official Secrecy Act, which stop government officials in charge of certain information from giving it out to the media, should be abolished.

There are no restrictions on accessing international news sources or the Internet. Media outlets easily access international news on the Internet and from news agencies like Reuters, AFP, and others. In general, these sources are affordable.

Entry into the journalism profession has remained free, but the government, through the CCK, will be issuing official press cards to every journalist recommended by his or her employer under the new law.

Journalists can access and cover most events without any problem or restrictions, but only those with official press cards are allowed to cover state functions. Photographers have, in some cases, had a hard time getting the cards, and those without them have at times been stopped from covering big events.

Objective 2: Professional Journalism

Score: 2.08

The score for this objective fell slightly this year as four indicators received lower scores compared to last year: Indicator 1 (well-sourced and fair reporting), Indicator 4 (journalists cover key events), Indicator 6 (balance of entertainment and news), and 7 (modern equipment). Indicator 8 (niche and investigative reporting) improved in score, while the rest remained unchanged. Most of the indicators received scores close to the overall objective score, except for Indicator 5 (pay levels for journalists), which was again the lowest-scoring indicator with a score about half a point lower, and Indicator 8, which scored about two-thirds of a point higher.

The panel agreed that most journalists are well trained and they do their work of collecting information professionally, but how they write their stories is where they go wrong. However, the panel added that some journalists are influenced by their sources of news when it comes to reporting, while others are too lazy in that they rarely cross check their facts.

A code of conduct was developed by the Kenya Union of Journalists (KUJ), but most journalists neither follow it nor appear to be aware of its contents. However, more organizations have come on board to assist in its implementation. Recently, the CCK began to complement media houses who had been taking the lead in enforcing this code.

Efforts have also been directed toward bringing together all practicing journalists under one organization, as there has been a split in KUJ between followers of the two contenders for chairman after the last election. The panel believes that once unity is achieved, the leadership of KUJ and other media stakeholders should assist in raising awareness of the code and the need to implement it.

Self-censorship continues to be practiced at all levels. Stories are killed in exchange for gifts and negative stories on big advertisers are not run in order to protect revenue. Others fear to lose their jobs and decide to sit on certain stories.

Key political events and issues are generally well covered. The panel agreed that covering security issues is risky. The media tend to concentrate a lot on political issues at the expense of other issues, such those having to do with development, because they sell.

Pay levels for full-time staff are better than journalists on contract or freelancers who are poorly paid. This has promoted corruption in the media. Nkatha added that some television presenters are paid three times the money paid to reporters; a strong journalists union could address this. Most editors are comfortable with their pay, but this does not prevent them from being corrupt, too.

News and educational programs are given less space and time on broadcast stations than entertainment. This is because of the economic interests of the media owners who want to get maximum profits out of their media outlets, and panelists noted that entertainment sells advertising. On television, news takes up 30 percent of time while entertainment and commercials take the remaining 70 percent. On the radio news covers only five percent and the remaining 95 percent goes for entertainment and commercials.

Most media outlets in Kenya—print and broadcast—have good facilities and produce technically sound work. In urban areas, newsrooms are equipped with computers and their reporters and photographers have digital cameras and recorders. At rural outlets typewriters and film cameras are still in use.

Investigative reporting and specialized reporting exists at big media outlets. Such assignments are, in most cases, given to skilled reporters, although at times—mostly at small media outlets—they are handed out to any available reporter. Experts are consulted by journalists on certain stories, but not all the time. The media have also been very helpful by promoting community issues, e.g. development.

Objective 3: Plurality of News Sources

Score: 2.04

The overall score for this objective fell due to lower scores for all indicators, except for Indicator 4 (news agencies), which improved slightly. Most of the indicators scored close to, and higher than, the overall objective score, the highest being Indicator 5 (independent broadcasters produce their own news programming), which scored slightly more than half a point higher. The score was dragged down by two indicators in particular, however: Indicator 3 (objectivity of state media), which scored about three-quarters of a point lower, and Indicator 7 (coverage of minority issues), which was a little more than half a point lower.

All issues; national and local are well covered in print and electronic media, but most of this benefits people residing in urban areas, cities, and small towns. In rural areas the majority of people depend on broadcast media because it is more affordable than buying a newspaper. Radio sets are very cheap and even poor families can afford to buy small sets, which cost KES 200 ($3). Buying batteries can be a problem, though still a number of people can afford those too. Newspapers cost between KES 30 and KES 100 (between $.50 and $1.50).

The panel agreed that Internet charges have fallen drastically, and more Internet cafés have sprung up even in small towns, resulting in an increased number of people who access this service for news and information. Satellite and pay channels on television, however, are affordable only for a few.

There is no restriction on accessing international print and broadcast media. Some publications are imported from neighboring countries and outside Africa. The Internet is often used by citizens in the cities to access foreign news sources.

The panel noted that there are about 63 radio stations today, 17 television stations, seven daily newspapers, six weeklies(four newspapers and two magazines), and several monthlies. Among newspapers, those published by the Nation Media Group, The East African Standard, and Citizen Media are the leaders, with a total circulation of over 400,000 copies daily.

The three highest-ranked radio stations are all private and include Citizen Radio, Classic, and Kiss. The top three television stations are NTV (private), KTN (private), and KBC (state-run).

More new community radio stations have been started and these have been very useful to their communities, where they address developmental issues and local problems faced by the people. The most recent entrants are; KOCH FM, Radio Pamoja, Korokocho FM, Geto FM, and Mangelete FM targeted to women. There are other radio stations that serve local communities, but they are not purely “community.”

One is required to pay a fee of KES 2000 ($30) to start a community radio station and such stations are tax exempt. Most community radio stations are owned by NGOs and religious organizations, who have managed to acquire modern equipment using funds raised from donors, members of these religious organizations, and from community sources.

State media both, radio and television, is fully controlled by the state. Although its employees are professional, these media are neither independent nor objective, said the panel. However, under the government of National Unity, state media cover politicians of both sides.

There is only one local news agency, Kenya News Agency, which is state owned but provides news to all media for an annual fee of KES 250,000 ($3700). This agency used to have good stories, but its increased partisanship has reached the point that many media houses have lost interest in it, said the panel. The media also depend on foreign news agencies, like AFP, AP, and Reuters for information. Panel members say these sources give little coverage to African issues, therefore much of the information is not useful to the average Kenyan; it is also expensive.

Private broadcasters produce their own news programs and they have continued with improvement in terms of quality, although at times some outlets purchase programs to supplement what they produce.

The panel agreed that media ownership may not share the same interests as the average citizen. Some media owners like the Nation Media Group, Royal Media Services and others are known since they are listed on the stock exchange. But the country has no disclosure policy on ownership.

Although politically affiliated media exist, private independent media outlets are run purely to generate profit. With the existing competition among media outlets, people choose sources they think provide good information for them.

However, much of the media in Kenya is in the hands of a few people or groups. The three main media owners are: the Nation Media Group, with a television and radio station and several newspapers; The Standard Group with newspapers and a planned television and radio station, and; Royal Media Services with 12 FM radio stations, a television station, and newspapers.

There are no minority language media outlets, but all Kenyans use Swahili as their national language. To cover niche topics and interests there are specific pull-out sections in newspapers covering issues relating to women, business, and the environment. Broadcasters also include niche programming in their news and in documentaries.

Objective 4: Business Management

Score: 2.21

The score for this objective fell moderately as panelists gave lower scores for several indicators: Indicator 2 (media receive revenue from multiple sources), Indicator 3 (the advertising market), Indicator 4 (ration of advertising revenue to other revenue sources), and Indicator 5 (government subsidies for private media). Most indicators scored close to the overall objective score, with the exception of Indicator 5, which was about a point lower.

Private independent media are managed purely as profit making businesses and some companies hire professionals among their management. Most media houses have proper management structures in place with boards of director, advisory boards, etc. Examples of well managed private media companies include the Nation Media Group and The Standard Media Group, both of which make good profits. Despite this, some media houses have good policies in place but they are not enforced, which negatively affects the company.

Panelists were in agreement that private media are better managed than the public media.

Small media outlets where you find owners doing everything still exist. In such media houses you find the owner playing the roles of managing director, advertising manager, and finance officer as well as editor and reporter. Several such media outlets have collapsed due to poor management. Other media outlets that have closed down were employing relatives of the owner who lacked proper qualifications and skills. Similarly, panelists noted that community media is hard to sustain because of lack of funding.

Private media have a multitude of funding sources, the major one being advertising followed by sales of copies; some media houses are engaged in commercial printing as a source of revenue. Financial institutions also help in funding the media through loans at fair interest rates.

The panel put the revenue from advertising to roughly 75 percent and 25 percent from sale of copies for newspapers. Advertising space in newspapers is about 40 percent. For electronic media almost 95 percent of revenue comes from advertising.

The panel agreed that although advertising contributes a lot of revenue, clients at times interfere and influence the editorial line of certain media houses, resulting in killing some good stories seen as negative by advertisers.

Advertising is a well-developed industry in Nairobi, with a number of advertising firms that work for different media outlets. They solicit advertisements for media outlets as well as manage billboard and street pole advertising in cities and towns. Their staff is made up of well-trained professionals. Both locals and foreigners own these firms. They also work in other cities such Kisimu, Mombasa, Nakuru, Eldoret, and other small towns.

State media depend on the government for funding, with a specific budget allocated annually. Managers of state media appear before parliament to defend their organizations’ interests. However, budget allocations are not enough to meet all their costs. State media air advertisements for additional revenue. Community media also depend on sponsorship, which is not easy to get. Donations are obtained from local governments and NGOs in exchange for programs they run. A little money comes from the central government for community media.

The government does not grant subsidies to private media, but is an advertiser. The government has used its advertising power against media it claimed were overly critical by denying them business.

The panel stated that some media outlets use questionnaires, commissioned groups, and phone-in talk shows to carry out research and surveys. However, most of the time the media do not use the findings to generate strategic plans. Nonetheless there are some media outlets that follow up on these findings with changes such as re-launching their products, making new designs, and adding new products on the market; these changes often bring about positive changes in sales.

In most cases circulation figures as determined by such research methods are higher than in reality in order to better attract advertisers. Audience research is carried out by media outlet owners themselves or commissioned agents like Steadman, but panelists said their figures are not trusted in the industry because the work is influenced or dictated by the media outlets that hire them.

Objective 5: Supporting Institutions

Score: 2.25

Panelists’ scores reflected little change in the situation facing supporting institutions, and the score was only slightly different than last year. The score ended up lower as a result of slippage by Indicator 4 (academic journalism programs) and Indicator 7 (apolitical distribution of media). Most of the indicators scored close to the overall score, but Indicator 1 (trade associations) and Indicator 2 (professional associations) both scored a half-point lower, while Indicator 6 (unrestricted access to printing and newsprint) scored a point higher.

Kenya has several media-related professional associations, but some of them exist in name only with no evidence of real work. However, a change in the management of some media associations took place recently as most of them had their elections in 2008. Also, new media laws have also acted as a catalyst in bringing journalists together for a common goal.

Efforts have been underway by both regional and international media bodies to reunite the leadership of the Kenya Union of Journalists (KUJ), which has started paying off. A recruitment drive for membership of KUJ was launched by the leadership and there are hopes that with the help of the International Federation of Journalists and other regional bodies, the goal will be achieved.

Other small professional associations like the Business Writers Association, Kenya Sports Writers Association, and the Environmental Journalists Association have started working with national media associations like KUJ. Other associations include the Parliamentary Press Association of Kenya, Children’s Rights Association, Association of Media Women of Kenya, Media Owners Association, and others. Panel members agree that most of these associations have not been helpful to members, but there is hope that the situation has started changing.

There are several NGOs that support the media. Among these are the Media Council of Kenya and Media Institute. Foreign donors include the Friedrich Ebert Stiftung, American Center for International Labor Solidarity, USAID, and others.

There are more than 20 universities, both private and state, that offer quality degree and diploma courses in journalism and mass communication. State universities offering degree courses include Nairobi University, Maseno, Moi, and Kenyatta, while private ones include Dayster, United States International University, and Nazarene Catholic University. The course content is very good, according to the panelists, and most graduates get jobs in the existing media outlets, although some end up in related fields such as public relations. The panel said that new media training institutions that offer diploma courses in journalism have opened up and the total number is now more than 80.

The panel noted one problem: two government ministries, Education and Information, currently have a disagreement over which should be the one in charge of formal media education.

Many options exist for short-term training. Some outlets offer in-house training for new recruits. Opportunities for those who were recruited before going through journalism colleges exist and nominal fees are charged. While often this training is individually funded, some media outlets also sponsor mid-career training for their staff. A few lucky journalists have also snatched opportunities of foreign sponsorship. Training for those without formal journalism education mainly focuses on the basics, but others receive specialized training like investigative journalism.

International donors organize and fund short term training workshops, mainly in the areas of skills development and ethical issues. These organizations hire professional people mainly from abroad to conduct these courses. Panel members said that such courses could be improved upon by extending the length of time to one month and hiring local professionals who understand local needs.

Private individuals or companies manage printing and distribution of private media and the government has no hand in it. The panel noted that there are many printing facilities in Kenya that efficiently and effectively support the media and, as such, there are no printing delays affecting newspapers. This situation has kept on improving over time. Newsprint is imported by businesses that sell it to media outlets without prejudice. Media distribution channels and kiosks are in private hands and the government does not interfere with them.

Panel Participants

  • Kwamboka Oyaro, correspondent, Inter Press Service, Nairobi
  • Abadnego J. Mwangiza, media researcher, Steadman, Nairobi
  • Kihu Irimu, journalists, Rights of Children, Kisumu
  • Ibrahim Oruko, researcher, Kenya Media Institute, Eldoret
  • Judy Amunga Shiraku, journalist, lawyer, Association of Professional Journalists of Kenya, Nairobi City
  • Khamis Ramadthan, freelance photo journalist, Mombasa City
  • Sarah Nkatha, lecturer, Kenya Institute of Mass Communication, Nairobi City

Moderator and Author
David Matende, chairman, Kenya Union of Journalists, Nairobi

Coordinator
Herbert Mukasa Lumansi, vice president, Uganda Journalists Association, Kampala, Uganda in cooperation with the Kenya Union of Journalists