Media observer special issue april june 2014 by Media Council of Kenya

THE MEDIA

BSERVER

A PUBLICATION OF THE MEDIA COUNCIL OF KENYA

APRIL - JUNE 2014

Kenya Joins World in Celebrating Press Freedom

THE MEDIA OBSERVER | APRIL - JUNE 2014

Published by:

Media Council of Kenya Britam Centre, Ground Floor Mara/Ragati Road Junction, Upper Hill P. O. Box 43132 00100 Nairobi, Kenya Tel: +254 2737058/ 2716265/2716266/0727 735252 Email: info@mediacouncil.or.ke Website: www.mediacouncil.or.ke Supported by: Ford Foundation

THE MEDIA OBSERVER | APRIL - JUNE 2014

Kenya Joins the World in Celebrating Press Freedom

Media Council of Kenya

THE MEDIA OBSERVER | APRIL - JUNE 2014

First published June 2014 ÂŠMedia Council of Kenya All rights reserved. Apart from fair dealing for the purposes of research, private study, criticism and review, no part of this publication may be reproduced or transmitted in any form or by any means, electronically or mechanically, including photocopying, recording or otherwise, without the prior written permission of the publishers or a licence permitting restricted copying. Enquiries concerning reproduction outside these terms should be sent to the publishers. ISBN 978-9966-073-03-7

THE MEDIA OBSERVER | APRIL - JUNE 2014

Contents Abstract 6 Acknowledgements 7 Abbreviations 8 Word By the Chairman 9 Foreword by CEO 11 Executive Summary 12 Introduction and Background 13 Topics for discussion at the 2014 Regional Journalistsâ&#x20AC;&#x2122; Convention 15 Report of the Discussions 16

THE MEDIA OBSERVER | APRIL - JUNE 2014

Abstract This report summarises the key proceedings, discussions, deliberations and conclusions of the Regional Journalist’s Convention that took place in Nairobi, Kenya from May 2 to May 3, 2014. The convention was part of the activities organised by the Media Council of Kenya (MCK) to mark the World Press Freedom Day. The theme of the 2014 convention was “Media Freedom for a Better Future: Shaping the Post-2015 Development Agenda.”

THE MEDIA OBSERVER | APRIL - JUNE 2014

Acknowledgements This report was written and compiled by Nancy Booker of Multimedia University of Kenya and Joy Mueni of The University of Nairobi under the supervision of Dr. Haron Mwangi, the Chief Executive Officer of the Media Council of Kenya. Dr. Mwangi wishes to thank all the moderators, speakers, panelists and disscusants to the convention for their invaluable contributions in deliberating the importance of media freedom in shaping the post-2015 development agenda. Dr. Mwangi also extends the Media Councilâ&#x20AC;&#x2122;s gratitude to the KICC for the hospitality and to Safaricom, the lead sponsor, for making this event a reality. Other sponsors include the Ford Foundation, Communications Commission of Kenya, Plan International, Kenya Tourism Board, Heirich Boll Stiftung, Star Times Digital TV, Keroche Breweries, MTN Business, Cocacola, Ethics and Anti Corruption Commission and the Government of Kenya through the Ministry of Information, Communication and Technology. Special mention goes to the MCK Programmes Manager Victor Bwire and the Councilâ&#x20AC;&#x2122;s Communications and Information Officer Jerry Abuga for overseeing production of this report. All materials pertaining to the convention is available on the Media Council of Kenya website.

THE MEDIA OBSERVER | APRIL - JUNE 2014

List of Abbreviations

ACHPR

African Commission on Human and Peoplesâ&#x20AC;&#x2122; Rights

APRM

African Peer Review Mechanism

AWCFS

African Woman and Child Feature Services

BBC

British Broadcasting Corporation

CNN

Cable News Network

HLP

High-Level Panel of Eminent Persons

ICCPR

The International Covenant on Civil and Political Rights

ICJ

International Criminal Jurists

KBC

Kenya Broadcasting Corporation

KTN

Kenya Television Network

MCK

Media Council of Kenya

MDGs

Millennium Development Goals

UDHR

Universal Declaration of Human Rights

United Nations

UNESCO

United Nations Educational, Scientific and Cultural Organisation

UNGIS

United Nations Groups on the Information Society

WPFD

World Press Freedom Day

THE MEDIA OBSERVER | APRIL - JUNE 2014

Word by the Chairman Discussions around press freedom and how best the media can contribute more positively to the 21st century society were the talking points during celebrations marking the World Press Freedom Day 2014. Latest trends in the media in the wake of globalisation and the society’s thirst for expanded information access did not escape mention, as stakeholders met to take stock of gains and challenges in the preceding years. In Africa, Kenya included, free press has been controversial, especially viewed against the universal awareness that any attempt to impede it violates fundamental human rights of free speech and access to information. With opinion sharply split on what press freedom entails and its possible excesses, the discourses and dissertations at the convention underscored nothing other than the importance with which news makers, opinion shapers, news subjects as well as news consumers take the news media. At the Media Council of Kenya, we believe the media remains steadfast in contributing positively to Kenya’s growth. I have no reservations that the future even looks brighter for the vibrant Kenyan media, what with the support from various stakeholders and the government’s pledge moving forward. I am encouraged that the government has already shown intent to put in place supportive policies and initiatives towards ensuring press freedom and the security of not only journalists, but Kenyans in general. We at the Media Council and in particular, the council members, are satisfied and indeed deeply encouraged by the government’s declared commitment to media freedom and the rule of law and the

nurturing of democratic governance structures. I can only urge the government not to renege on these promises. The World Press Freedom Day convention held in Nairobi, no doubt, offered experts a chance to as exhaustively as possible and as comprehensively as possible discuss and make practical recommendations, initiatives and programmatic interventions towards ensuring positive contribution of the media in national development and setting the agenda for the nation. Making time by everyone, including His Excellency President Uhuru Kenyatta, to attend the convention only but showed the significance with which colleagues and other stakeholders take the media industry in this region and, by extension, the world. I have no doubt the 2014 World Press Freedom Day offered vital lessons to stakeholders. The hosting of the journalists convention and the Annual Journalism Excellence Awards were just one of the many activities the Media Council of Kenya undertakes as provided for by the Media Council Act 2013. The council will do whatever it takes to take our professional standards to another level. Some of the activities the Council undertakes include trainings for journalists on diverse themes and topics, media literacy campaigns through press appearances and stakeholder forums to educate the public on the role of the media in national development, complaints handling on breaches to the Code of Conduct for the Practice of Journalism, setting journalism training and standards in the country and accreditation of both journalists and media houses. I affirm that the Media Council of Kenya is taking it upon itself to embolden the practice of journalism in line with modern global trends. The launch of the first ever-trauma counselling book for journalists working in distressful conditions is an example of the many interventions we are undertaking to improve output of journalists. The book highlights all the physiological, concerns and challenges that affect our profession, sector and industry and the likely impact on journalism practice in the country. It

THE MEDIA OBSERVER | APRIL - JUNE 2014

uses the 2012 Tana River massacres and the 2013 attack on the Westgate Shopping Mall as case examples for the challenges journalists go through in the course of their duty. We shall also continue to award media professionals who excel in various cadres of the profession through the Annual Journalism Excellence Awards.

environment made possible through responsible journalism as well as supportive legislation. Once again, I extend my highest gratitude and deepest appreciation to all the stakeholders who made time to join us in marking the 2014 World Press Freedom Day celebrations. Thank you.

The media terrain in Kenya, has however, not been without challenges linked to the constitutional, legal and policy framework but on the whole, we have never been this optimistic. We henceforth look forward to an enabling media

THE MEDIA OBSERVER | APRIL - JUNE 2014

Mr. Peter Wakoli Chairman, Media Council of Kenya

Foreword by the CEO The role of the mass media as a change driver in the 21st century can never be gainsaid, even as countries clamour for more information access and expanded democratic space. It is against this background that nations are fast seeking to have responsible media systems that can improve the quality of life through a constructive social, political and economic revolution. As the world marked this year’s Press Freedom Day, the role of the media in development, specifically, came into sharp focus. Equally critical was the safety of journalists, as well as the media’s ability to whip governments and policy makers into actions that can make a difference. At the Media Council of Kenya, we believe the ‘Fourth Estate’ is an important and prominent stakeholder. This is why we are committed to taking the cue from the recommendations and observation that arose from the just-concluded Regional Journalist’s Convention in Nairobi, Kenya from May 2 to May 3, 2014 under the theme “Media Freedom for a Better Future: Shaping the Post - 2015 Development Agenda.” In deliberating the importance of media freedom in shaping the post-2015 development agenda, it is my hope that journalists and media houses with take even more seriously their agenda setting role. This role puts them in a critical position to shape opinion and influence policy in the right direction not only in Kenya, but across the region. The celebrations this year focused on three inter-related themes of the role of media in development, safety of journalists and the rule of law and integrity of journalism. The role of mass media in Africa’s Development Agenda, mediation conflicts and terrorism in East Africa, the construction of an African identity, media freedom, freedom of expression and access to information also took center stage in the talks. Critical lessons emerged from the talks, which I believe will have a positive impact going forward.

To ensure effectiveness and a common front on this, the Media Council of Kenya will continue making efforts to create and strengthen a functional network between media councils and professional associations in the region, with an aim of identifying emerging issues and sharing workable strategies, experiences and solutions with regards to media regulation and freedom of expression. Our mandate and functions have been tightened more to enable us facilitate major reforms to address some key concerns about media performance. More than ever, professionalism remains our catchword as we seek to use communication as an intervention tool in taking Kenya and indeed Africa to the next level. By working together, the media will, no doubt, reposition the African continent into a more proactive position in pursuit of options that will expand free speech on one hand and lead to economic independence, on the other. Together, with collaboration and focused effort, I am confident that we can start the momentum toward shaping the post-2015 development agenda. It is feared developing countries, such as Kenya, would fail to meet the UN Millennium Development Goals due to, among others, the drastic impact of extreme weather on lifestyles, which have left families hungry and insecure. Through positive engagement and interrogation by the media and other stakeholders, it is hoped policy makers, politicians, and other stakeholders will confront the problems more directly. The Intergovernmental Panel on Climate Change warns by mid-century, more than a billion people would face water shortage and hunger, including 600 million in Africa alone. While progress has been made in many other fronts, there is consensus that especially in sub Saharan Africa, a lot more needs to be done. This is why governments, development partners as well as the media need each other in executing their roles much more effectively. A story published or broadcast somewhere can reflect an aspect of the social reality, and at the same time contain some ingredients of motivation, all of which affect the level of knowledge, attitudes, and actions of people in determining their course. Together, we will indeed make a difference in the lives of everyone. Dr. Haron Mwangi Chief Executive Officer & Secretary to the Council THE MEDIA OBSERVER | APRIL - JUNE 2014

Executive Summary The focus of the journalists’ convention this year was media and development and specifically its role in nurturing open and participatory inclusive democratic processes. It also interrogated the subject of information access, the rule of law as well as devolution in Kenya. Participation was drawn from the media, civil society, donors, institutions of higher learning and government agencies. Other participants were drawn from journalists’ associations from East Africa and globally. President Uhuru Kenyatta presided over the convention. The convention aimed at affirming Kenya’s lead role in the establishment of the East African Media Protocol. The Media Council of Kenya has been steadfast in creating and strengthening a functional network between the media councils and professional associations in the region with an aim of identifying emerging issues and sharing workable strategies, experiences and solutions with regards to media regulation and freedom of expression.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Introduction and Background In 2015, the Millennium Development Goals (MDGs) will come to an end. Their influence in shaping flows of development aid, and national policies and practices, has been significant. In their place will likely be a new set of goals being debated internationally under the label of “the Post2015 Development Agenda.” A High-Level Panel of Eminent Persons (HLP), co-chaired by the President of Liberia Ellen Johnson Sirleaf, President of Indonesia Susilo Bambang Yudhoyono and Prime Minister of United Kingdom David Cameron, has been assembled by the United Nations Secretary General Ban Ki-Moon to make recommendations on the issue. Their report makes detailed recommendations towards 12 universal goals for the decade after 2015. The 2014 World Press Freedom Day is envisaged as a further contribution to the shaping of the ongoing discussion around development after 2015. Some of the goals listed by the HLP have a direct link to the current MDGs, while others are relatively new. Noteworthy amongst the new goals are those ensuring good governance and effective institutions, and in which freedom of speech and the media, openness, transparency and access to information are specifically highlighted. A further contribution to the debate has been made by the United Nations Groups on the Information Society (UNGIS). It has proposed that ICTs as key enablers of development are fully recognised in the post-2015 development agenda, and has pointed out that “ICTs in general, and the Internet in particular, play an important part in ensuring rights-based development, especially enabling wider exercise of freedom of expression and press freedom, which in turn are critical to combating corruption, ensuring gender sensitivity, deepening accountability, and promoting socially inclusive development”. The observations of the High Level Panel and UNGIS coincide with the long-standing positions of UNESCO. Since its foundation, UNESCO has placed freedom of expression and freedom of media at the core of its mission. Its Constitution, adopted in November 1945, states that UNESCO member states will “collaborate in the work of advancing the mutual knowledge and understanding of all peoples, through all means of mass communication” and “promotes the free flow of ideas by word and image”. UNESCO further follows the Universal Declaration of Human Rights (UDHR), whose Article 19 stipulates: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold

opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” With the Windhoek Declaration of 1991, UNESCO defined press freedom as covering media freedom, pluralism and independence. In the years that followed, the importance of the safety of journalists and gender-sensitivity has become integral to this conceptualisation. At its 37th Session in November 2013, UNESCO General Conference passed a resolution that highlights the importance of promoting, in the post-2015 Development Agenda, three key concerns: freedom of expression; universal access to knowledge and its preservation; and free, pluralistic and independent media, both offline and online. The resolution described these as indispensable elements for flourishing democracies and to foster citizen participation. For UNESCO, freedom of expression and its corollary of press freedom and freedom of information are both fundamental rights as well as enablers of many goals relevant to the post-2015 Development Agenda. These include good governance, transparency and access to information, empowerment of women and youth, ending poverty, and ensuring stable and peaceful societies. However, it is not a guarantee that full recognition of media’s significance will find its way into the final post-2015 Development Agenda. Supporters of press freedom worldwide need to understand and contribute to the debate if the insights are to be mainstreamed within the evolving conceptualisation of the meaning of development and the actions taken to realise this objective. The reason why free, pluralistic and independent media, covering print, broadcast and online, are crucial for a holistic development agenda is their facilitation of an inclusive public sphere for involving citizens in the processes of good governance and sustainable development. Media role is vital if cultural pluralism is to play its part as a driver of development, and if there is to be widespread informal education to underpin development. In particular, within the broader media landscape, it is recognised that the news media – whether private, public or community-owned – are especially important. They help a society to define the meaning of development, including its relation to human rights and democratic values. They have impact as agenda-setters and as vehicles by which the public is informed. Further, the news media, and others who

THE MEDIA OBSERVER | APRIL - JUNE 2014

Introduction and Background contribute to journalism in the public sphere, including on social media platforms, act as watchdogs, who promote transparency. From a development point of view, the safety of journalists is fundamental if these roles are to be fulfilled. By late November 2013, however, 65 journalists had been killed over the year, according to UNESCO. In previous years, a small fraction of the killers have been brought to justice. The safety of journalists in a society is a symptom of the strength of the rule of law, which is vital for any government. As such, journalistic safety constitutes a barometer of fragility or failure of a state, which is one of the largest obstacles to development. In this context, the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, adopted in 2012 by the UN Chief Executives Board, is a significant step on the road to the Post-2015 Development Agenda. The plan brings together the UN family, other international organisations, national governments, media and civil society to stop the killing of journalists and the accompanying impunity, which serves to perpetuate the cycle. The UNESCO Work Plan on the safety of journalists, adopted in 2013, adds further impetus. Progress on the safety of journalists has been made to date, and World Press Freedom Day provides an opportunity to strengthen and expand the efforts. Development not only needs journalists to be free, independent and safe. It also rests on the sustainability and professionalism of journalism itself. As such, the state of journalism itself is a development issue. “Sustainability” in this context means a viable institutional basis that enables and protects the independence journalism. “Professionalism” refers to the standards, such as verification and public interest, which give journalism its integrity and distinguish it from other uses of freedom of expression. Professionalism also encompasses the ability of journalists to report on key development issues, not least those entailing issues of social marginalization, poverty, science and environment. In the evolving mediascape today, online social media provides new opportunities, but also sets challenges to the traditional news media. Long-standing distinctions such as be-

THE MEDIA OBSERVER | APRIL - JUNE 2014

tween editorial content and advertising are blurring. There are overlaps between community media and other media sectors. There are questions about the distinctive role of news media in the face of many new actors, both individuals and institutions, who generate or mediate news content outside the traditional institutions. Electronic communications and big data raise important issues of how privacy and ethics impact on freedom of expression and the confidentiality of journalists’ sources. Increased public access to means of communication raises other questions of accessibility such as linguistic, gender and other exclusions. Media and information literacy competencies are increasingly significant if the public is to find, assess and participate in the integrity of information flows that are relevant to development and its debates. In summary, World Press Freedom Day 2014 examined the interrelated issues of the role of media in development, the correlative of the need for the safety of journalists, and matters related to the development of journalism itself. It is in this spirit that the Media Council of Kenya held a Regional Journalists’ Convention and the third Annual Journalism Excellence Awards gala at Kenyatta International Convention Centre in Nairobi, Kenya. The conference took place on Friday, May 2 and Saturday, May 3, 2014, while the awards were held on the evening of May 3, 2014. The awards ceremony is an annual flagship event of the Council held to recognise and reward excellence and professionalism in the media industry in Kenya. During this year’s celebrations, the Media Council of Kenya also launched a book that narrates the experiences of journalists who have covered conflict and terror in the recent past. Ideally, all the activities held to commemorate this year’s World Press Freedom Day focused on three themes — media’s importance in development; safety of journalists and the rule of law; and the sustainability and integrity of journalism.

Topics for discussion at the 2014 Regional Journalists’ Convention The following are the topics that were discussed. (See Appendix 1 for the complete convention programme). a) Reflections on the role of mass media in Africa’s development agenda b) Professionalism and accountability: Mediating conflict and terror in East Africa c) Whose narrative? Examining the media’s place in the construction of an African identity d) A report card of a free and independent media in Kenya’s development: An interpretive political economy perspective e) Media plurality and diversity: nurturing and fostering democracy, citizen participation and development in Africa f) Media freedom, freedom of expression and access to information: Opportunities and limitations in consolidating democratic, rule of law and development gains in Africa g) The media and its message: Constructing a ‘Kenyan Identity’ in a devolved system h) Mind the gap: Public service media and development The convention culminated in the 3rd Annual Journalism Excellence Awards that endeavors to identify, acknowledge, inspire, support and promote media excellence in Kenya. The awards were held on May 3, 2014 and the Chief Guest was Kenya’s Attorney General Prof. Githu Muigai.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions

Kenya takes pride in this day for this concept was born on the African soil and is indeed the continentâ&#x20AC;&#x2122;s gift to the rest of the world.

H.E President Uhuru Kenyatta, President of the Republic of Kenya.

President Uhuru Kenyatta who officially opened the Journalistsâ&#x20AC;&#x2122; convention said it had been two decades since the UN General Assembly resolved to annually celebrate the fundamental principles of press freedom, to take stock of how the press performs its responsibilities, to defend the media from attacks on its independence and to honor journalists across the world. As a country, he said, Kenya takes pride in this day for this concept was born on the African soil and is indeed the continentâ&#x20AC;&#x2122;s gift to the rest of the world.

President Kenyatta said while there was need for the media to be free, there cannot be room for absolute freedom of the press and that the press must demonstrate responsibility even with its attendant freedom. He appreciated that it was the role of the journalists to check and crosscheck facts. He urged members of the press to be conversant with the law and to observe its demands. The code of Conduct for the Practice of Journalists was mentioned as a key reference tool for journalists.

President Kenyatta said his government recognised the Windhoek declaration and that his regime was committed to live by its ideals. He also took pride in the fact that his government had lived up to Article 33, 34 and 35 of the Constitution and that the main role of his administration was to ensure the media was not only unbound by government but also by private interests. He noted it was in the same spirit that the Media Council of Kenya Act 2013 and the Kenya Information and Communication Act of 2013 were enacted.

President Kenyatta said while he had enjoyed the political satires of certain programmes, there were also instances in the recent months where the media had carried disappointing headlines. He said the media should be careful in its pursuit of truth, saying the Media Council of Kenya and the Communications Authority of Kenya should monitor and remedy the shortcomings.

THE MEDIA OBSERVER | APRIL - JUNE 2014

The President also challenged journalists writing about Africa in general and Kenya

in particular, to stand up for and defend African values and the African experience by giving it expression, a voice and by authenticating it. The President reiterated the need for the media to be an active player in the development agenda. He added there was also need for society to reason critically about the nature of their media and that each member of the society must pay special attention to the media. By paying attention, he said, the society will tell the media when they go wrong and also commend them when they do right. In concluding, President Kenyatta asked Kenyan journalists to be partners in making their country a better place each day. He then wished the delegates well as they take time to reflect on their achievements in the last year. He pledged greater cooperation, more dialogue and better access to the workings of government and finally wished them a happy World Press Freedom Day. (See Appendix 3 for full speech by President Kenyatta).

Report of the discussions

the government would enact all the legislation that would support the sector.

Cabinet Secretary for Information Communications and Technology Dr. Fred Matiang’i.

Cabinet Secretary for Information Communications and Technology Dr. Fred Matiang’i also thanked the Media Council of Kenya and sponsors for organising the event. He noted the theme of the convention could not have come at a better time since the ministry was currently grappling with many issues jointly with the Media Council of Kenya and that there have been questions on how best to take the country forward on matters of development, with the media as a key player. He promised that the government would enact all the legislation that would support the sector. He singled out the Access to Information and Data Protection bills, which would be tabled in Parliament before the end of May 2014. Dr. Matiang’i, however, pointed out the need for the media to act responsibly. He then played a one and half minute clip of excerpts from various headlines that in his view showed the media’s irresponsibility in providing information to the public. The selected headlines that had run in the dailies were, according to him, insensitive, sensational, biased, untruthful, satirical, and were generally in bad taste.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions

The media in Africa had gone through struggles and had fought hard to realise media freedom and freedom of expression enjoyed by a number of countries. Permanent Secretary, Ministry of Information Communications and Technology Mr. Joseph Tiampati.

The Permanent Secretary in the Ministry of Information Communications and Technology Mr. Joseph Tiampati welcomed delegates and acknowledged that the World Press Freedom Day has been celebrated globally since 1992. He noted the convention was the third of its kind to be organised by the Media Council of Kenya. He praised the council for this. Mr Tiampati said the media in Africa had gone through struggles and had fought hard to realise media freedom and freedom of expression enjoyed by a number of countries. He, however, noted that more still needed to be done. He thanked the President for gracing the occasion. The convention was opened by Chief Executive Officer of the Media Council of Kenya Dr. Haron Mwangi. Dr. Mwangi said the presence of President Uhuru Kenyatta at the convention was a show of solidarity towards advancing media freedom. He thanked the President for finding time to grace the regional journalistâ&#x20AC;&#x2122;s convention. He termed the convetion a product of

THE MEDIA OBSERVER | APRIL - JUNE 2014

freedom of expression, a progressive society ready to engage even on grounds of diverse opinions and ideas. The convention, Dr. Mwangi said, was also an opportunity for the media to discuss how to harness this freedom more responsibly and to uphold it for posterity. He said the Council had planned a series of activities in marking the 2014 World Press Freedom Day, among them the 3rd Annual Journalism Excellence Awards and the convention. He also pointed out the fact that the MCK has been trying to create a functional network between the media councils in the region and the professional associations. He asked the President to support this initiative within the framework of the larger regional integration process. Dr. Mwangi further applauded the President for assenting to the Media Council Act 2013, terming it a progressive piece of legislation as the starting point towards media reforms in Kenya. This, he noted, was one way the President had shown his commitment to professionalism in the industry.

He also asked the President to allow the media to adopt a self-regulatory approach in holding themselves to account. Dr. Mwangi, however, expressed concern over the delay in enacting the Access to Information and Data Protection laws as provided for by the Constitution. Dr. Mwangi reiterated the fact that only the Access to Information law would obligate people holding information on behalf of the public to release it and equally provide for protection of individual privacy. He also said there was need to hasten the formulation of a media policy in Kenya, as this was a crucial tool in operationalising media laws and regulation. In concluding, he implored the President to intervene in revitalising KBC, the public service broadcaster, to enable it play its public service role of mediating culture, educating the public and fostering national unity. (See Appendix 2 for full opening speech by Dr. Haron Mwangi, Chief Executive Officer of the Media Council of Kenya).

Report of the discussions Session One: Reflections on the role of the mass media in Africa’s development agenda communication and journalism emerged, that of development. He noted that since independence, the focus of media and development has been the agenda of many nations and it is on this note that the key speaker of the session, Prof. Tawana Kupe was to lay ground that would inform subsequent discussions in light of the convention’s theme. Prof. Tawana Kupe, the Deputy Vice Chancellor in charge of Finance, Human Resource and Transformation at Witwatersrand in South Africa started his presentation by saying that this was his second visit to Kenya during the World Press Freedom Day celebrations under the invitation of the MCK. His presentation titled “Reflections on the role of mass media in Africa’s development agenda” noted that in talking about development, one needed to mention MDGs and ask what the role of the media has been in the realisation of these goals. In so doing, he said, it would be important to ask whether Africa is rising. According to Prof. Kupe, Africa as a continent is not poor but has been made poor. Africa is rich in diversity of resources including human resources and that Africans have a democratic spirit, have all along believed in the freedom of expression and association and have a long history of cooperating for development. These, he noted, are prerequisites for development. He said despite being uneven and with all the paradoxes that exist such as the growth of millionaires and billionaires and the attendant rise of poverty and unemployment, Africa is still in the right direction towards realising MDGs. Prof Kupe then highlighted what has been Africa’s development agenda as summarised below; a. Building responsive and accountable institutions b. Creating inclusive and participatory economies c. Universal access to education and health care: a people that

This session set the stage for the convention by presenting an overview of the role of media in development. The moderator of this session, Prof. Levi Obonyo, who is also the Dean of the School of Communication, Language and Performing Arts at Daystar University, gave an overview of the emergence of development journalism. He noted that the construction of the new world began seven decades ago when economies had been destroyed by war and that a new dawn was beckoning. It was the decade of the 50s that brought independence and with it a new role of

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions

d. e.

do not have an education system cannot be development. There is need to fight diseases like malaria Universal access to “information”: to mean knowledge that can enhance livelihoods Creating sustainable futures of participatory democracy.

He then went on to point out what the ideal roles of the mass media should be: a.

Providing independent information - no fear or no favour in reporting things that nobody wants to talk about. b. Open platform for debate and discussion — not where leaders are talking to themselves c. Watchdog for society over the powerful — the powerful are not just government, they could be out of the continent, the activists, the religious leaders d. Space for identity formation — many young people shape their lives by what they see. The notion of an ethnic group is a limited way of looking at who they are. Africa is part of the global players e. Entertainment Prof. Kupe was quick to point out that not all of the media in Africa play the above roles. He acknowledged that there are imperfections in the way the media plays its role, most of which is influenced by the power structures. He then presented the kind of journey the mass media has travelled prior to the 90s, in the 90s and in the present day. Prior to the 90s, the media was predominantly state-controlled, and they were instruments of narrow top down development. The “private” media seemed to perform better as most of them presented themselves as the voices of the opposition and although the situation may not be so different today in some nations, transitions are discernible. The 90s, however,

presented a different media landscape, what with more space for a range of freedoms and emergence of new digital platforms that played a key role in empowering society and challenging the traditional media to rethink their role. The present day media landscape is characterised by increased flows of independent information and multiple sources of information. One might therefore imagine a free media environment but Prof. Kupe was quick to note that it is not yet “Uhuru” for a number of reasons. Development challenges still remain and Africa’s democratic transitions are not without setbacks. Hence, Africa rising could be a false dawn but one cannot ignore the fact that Africa’s economy is growing. Economic growth should, however, not just develop the economic elite. From the foregoing, the MDGs will not be achieved in the timeframe since people are still dying of diseases like malaria in the continent among others. The media on the other hand are not without “internal” problems. Another threat is that of the elite capture as a living threat - those who are called to be speakers in media are elitist in nature and all the media want to be like the BBC and the CNN kind, what Prof. Kupe calls the “copy cat syndrome”. He concluded his presentation by saying Africa’s rising will not be a linear story of positives and that the media must be very proactive in accentuating the positive without ignoring the setbacks. He added that the framing of the development agenda must by reframed and presented as a story about the relationship of values that underpin participatory democratic processes with material development that addresses the triple challenges of unemployment, poverty and inequality. These, he wrapped up by saying, are all dependent on sustainable media. The panelists then responded to Prof. Kupe’s presentation. Mr. James Oranga, a lecturer at the School of Journalism and Mass Communication at the University of Nairobi, was in agreement

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions with the presentation. He said one needs to outline the challenges central to media playing the development role. For Mr. Oranga, there has been a misunderstanding about what development journalism is all about. He went ahead to define development and adds that the concept is paradoxical but must be seen to be useful and relevant to society. The other challenge is the absence of capacity in setting the development agenda. A number of journalists do not understand economic issues hence cannot influence society towards development. To overcome this challenge, Mr. Oranga suggests that journalism in this breadth should be taught at a post-graduate level, once one has a grasp of the issues that bedevil society. Mr. Farayi Madziwa, the Programme Coordinator at Heinrich Boll Stiftung South Africa, noted that one cannot talk about development without mentioning climate change. For Mr Madziwa, the MDGs are not sustainable development goals without the climate. This climate, he noted, is faced with looming challenges that are not talked about. The mass media therefore have a huge role in making climate change an agenda in public discourse. Good and effective development means that the population is well aware of climate change. Mr. Madziwa added that modern day journalism should account for action against climate change so as to show its impact on the development agenda. He regretted that for a long time, climate issues have been separated from development issues and it is the role of the mass media to show the link and bring climate change issues to the agenda status. Dr. Fredrick Ogenga, the Head of Communication Media and Journalism Department at Rongo University in Kenya, said discussion on development needs to also include humanism and trans humanism. This debate also needs to understand the place of technology in the context of development. Technology for starters has fragmented audiences and it is also difficult to police. Those who created technology have also wanted to cling to it not realising that technology has taken its own life. Dr. Ogenga said if we are to begin from the premise that technology has always been celebrated, then we are wrong. It can also be very retrogressive. The key issue then for him in this debate would be how do to deal with technology in the development agenda. Open discussion from the floor started with participants mainly being in agreement that journalists need core training in a subject area before they can become journalists. Lack of knowledge in subject areas has over the years been demonstrated by the poor journalism that lacks content and depth. Media houses should, however, not leave this to training instutions but should also invest in training their own journalists and help in building their capacity in handling various beats. Another participant said those involved in climate change should also share information with journalists, as a number of journalists do not know what issues to talk about when it comes to climate change. Participants drawn from the county levels also noted that the mainstream media players are not keen on equipping journalists stationed at the county levels and that there is much more attention paid to the urban areas, yet it is at the counties that real development takes place.

knowledge on an issue before they can report on it. He agreed that there is need for training in a specific area before reporting about an issue. In other continents, he added, those reporting on issues as such as health and business have an underlying degree in the areas. He cited the example of training in South Africa where nobody can pursue law without an underlying degree in commerce, sociology, history or philosophy because this is the only way one can be a good lawyer. Prof. Kupe agreed there is need to rethink professional training in journalism. Media owners also have to commit to hiring people who have the knowledge. He also acknowledged the difficulty in trying to regulate the social media. He says what goes on in the social media platform is itself a reflection of a deeper problem, what he calls a moral crisis where people post things they cannot talk about face to face. In his response, Mr. James Oranga insisted that not everyone could be a journalist, adding that some skills are God given and others are impacted by the training. But even as a trainer, he had noted some of the students he interacted with can hardly construct a sentence in English or any other language before they can write a story. Training, in his view, should therefore be done at three levels; the skills and knowledge from universities, specialised reporting training from the media houses and the self training/ education by the individual journalists who want to grow within the profession. On why the media in the continent has failed to motivate on writing of the African narrative, Mr. Oranga said the media has prioritised only on what sells because they are motivated by profiteering. He suggested the adoption of the BBC model for Kenya and Africa, something some of the participants disagreed with. For one to develop the media at the county level, the panelists felt that there was need to first develop a local architecture of a vibrant local media before information can be devolved. Other emerging issues from the floor were as follows; a. b. c.

There is need to balance money making and social service in a context where media financing is limited such as in Africa. There is need to distinguish between basic journalism and specialized journalism. A number of people do not understand what development is in the local languages Media power also needs to be devolved if development is to be achieved.

In closing this session, the moderator, Prof. Levi Obonyo reiterated the need for working together and the need for dialogue between the academia and the industry. This kind of dialogue, he said, would address issues such as how those in the academia can encourage and enrich the media industry through continued research. Prof. Kupe summed it all up by saying debate on media and development is healthy but there is no need fighting over who is right and who is wrong. Instead, there is need to come up with various models that can sustain communities and development in Africa.

In responding to some of the observations from the floor, Prof. Tawana Kupe reiterated that media practitioners must have

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions Session Two: Professionalism and Accountability: Mediating conflict and terror in East Africa The moderator of this session Prof. Murej Mak’Ochieng, who is also the Dean of the Faculty of Media and Communication at Multimedia University of Kenya, set the stage for the session by interrogating the role that mass media plays in reporting conflict. In his opening remarks, he acknowledged that mass media can take an active role in reporting conflict and in so doing, either aggravate the situation or resolve the conflict. In other instances, the mass media can stay away and not participate in a conflict situation. He went on to say that conflict, depending on the direction it takes, could have adverse effects on society. Prolonged conflict can lead to states collapsing or becoming volatile. It can also exacerbate poverty, unemployment and cause enormous problems to the local and the international community. Dr. George Nyabuga, a lecturer at the School of Journalism and Mass Communication at the University of Nairobi and the main speaker in this session, went into details on the subject matter. He started off by noting that there seems to be increasing conflict in East Africa. Kenya, Somalia, and South Sudan seem to be bearing the brunt of violence in forms of terrorism and ethnic fighting. Whether this conflict is state-sponsored, ethnic (or tribal) violence or religious driven terrorism, the three countries have in recent years had to grapple with serious effects mainly because of political differences among disparate groups. While such violence is nothing new in colonial and even post-colonial Africa, Dr. Nyabuga was of the view that violence seems to be heightened by mass killing machines and modern weaponry and that people were even ready to offer their bodies as vessels for bombs in suicide attack missions. He went on to add that in many of the conflicts seen in Africa, there is the direct implication or involvement of the media, what he refers to as the mediation and sometimes “PR-ization” of conflict. But key questions abound in this debate. These are; a. b.

How do the media cover such conflicts – whether it is terrorism, ethnic violence and other forms of violence? What are the challenges that face the journalistic profession?

In addressing these two questions, Dr Nyabuga drew from the Westgate attack, which took place in Nairobi on September 21, 2013. The terror attack left close to 70 people dead and many others injured. In covering the attack, The Sunday Nation of September 22, 2013 published a gory picture of a woman wounded by the terrorists. This picture has remained embedded in the minds of readers for all the wrong reasons. The Chief Executive Officer of Nation Media Group Linus Gitahi apologised for the error in judgment in selecting the picture, yet, he added, the public had a right to know. This attack, according to Dr. Nyabuga, presented the real world of terror and helped point to the important role the media plays in providing news and information in conflict situations. In such situations, he adds, both the terrorists and the government are in a war to control public opinion. To this end therefore, the

THE MEDIA OBSERVER | APRIL - JUNE 2014

media is a key player in the “mediatisation” of theorisation of conflict and terror. In some cases, the media becomes a cheerleader instead of a patriot. In others, the media becomes part of the ideological state apparatus. In other instances, the media helps in controlling the information flow hence the validity of the information received from the frontline is often times doggy, considering trust and truth are fundamental to journalism. Dr. Nyabuga also interrogated the role of a journalist in a situation where he or she is supposed to be objective. A journalist is also required to refrain from adding to the news story their ideological views on an issue and provide two sides of the story yet this is difficult for most of them in a conflict or terror situation. In this regard, there has been some sort of battering on objectivity since neutral journalism is not possible since journalists are part of the world and cannot be all removed from the story. These issues, according to Dr. Nyabuga, require much more debate since the media in the region is largely practiced in a hyper-commercialised environment. For Dr. Nyabuga, dominant media players are likely to skew public opinion even in conflict situations. In his view there is currently a movement towards ‘tabloidisation’ and this presents a problem because it may not necessarily promote public interest. Other concerns that call for more discussion are whether the media can and should retain professionalism in a context of violence. Can they for example still uphold the professional principles of objectivity, impartiality, fairness, and balance in conflict situations characterised by mass violence and suffering occasioned by known villains, for example al-Shabaab, al-Qaeda and others? Lastly in conflict reporting, should villains be offered equal space as those suffering from the consequences of violence?

Report of the discussions Namanyanja Rose Nsereko, the Minister for Information and National Guidance in Uganda and a panelist in this session, then supported what Dr. Nyabuga had alluded to. She added the media must take into account the consequences of their actions in deciding to cover a story. It can yield maximum profit and increase circulations but at what cost? Hon. Nsereko added that conflict and terrorism are both insecurities but with different manifestations. For Nsereko, terrorism is a media phenomenon and without the media, terrorists cannot flourish because they want attention and legitimacy. It is a psychological warfare that the media has to juggle through. She added there is need for self restraint in covering terror since this has far reaching consequences not just to a nation but to the region and most importantly the casualties and victims. She also acknowledged that social media cannot be ignored in covering terror because in this day and age, everyone with a cell phone is a potential journalist. In her concluding remarks, Hon. Nsereko said in all debates about media’s coverage of terror, there is need to look at the kind of training that those covering terror have undergone. In addition to proper training on conflict reporting, there are also operational precautions that one needs to take into account. In all this, she said, the most important consideration should be reconciling the need to know and the right to preserve the stability of a country. On his part, the Principal Secretary for Information Communications and Technology Mr. Joseph Tiampati who spoke on behalf of the Cabinet Secretary Dr. Fred Matiang’i acknowledged the fact that there has been a paradigm shift in how media operates in Kenya as the Constitution now provides for media freedom. The era of agitation has long gone and over the last year, there has been a relatively good relationship between government and the media. Last year, the President hosted over one hundred editors at State House and the ministry also respects the role of the MCK and fully funds its operations. For him, MCK should be more proactive than reactive. He also alluded to what Dr. Nyabuga and Hon Nasereko had mentioned earlier concerning training and emphasised the need to invest in capacity building. Mr. Tiampati also challenged media houses to pay their journalists well because a poorly paid journalist is the worst threat to national security.

Nation on September 22, 2013 but said there are times when one wants to show images that may offend so as to illustrate to the world the horror of a situation. He added that journalists also get traumatised by the kind of images they come across first-hand such as what they saw during Kenya’s 2008 post-election conflict, most of which was not shown because of responsible journalism. He added that in 2008, the media showed too little of the crisis before elections and even during post-election violence. He says the media pushed the dirt under the carpet instead of sweeping it out. In addressing the debate on academicians and practitioners in the media, Mr. Gaitho said most professors couldn’t survive one minute in the newsroom. A media house is a business so how does one put money in a media entity and run it without expecting profit? Media houses are not charitable organisations. They must make profit. Ten years ago, there were two dominant media houses. Today,

He concluded by congratulating the media in Kenya on how they covered the elections in 2013, saying it was the media that took the lead in organising presidential debates, which contributed immensely to the peaceful elections. We are living in difficult times, he said, and there is need to change how things are done. He asked journalists to ensure various government institutions are visible in the areas they serve. Chairman of the Kenya Editors’ Guild Mr. Macharia Gaitho expressed disappointment that he was not allowed to speak in the morning when the President opened the meeting. He asked that the President should honour his commitments regarding the media. This is because to date, journalists are still fighting media wars held back by the courts. For Mr. Gaitho, it is unbecoming of a government to try and rig a process through which it wants to control regulation of the media. In response to the paper by Dr. Nyabuga, Mr. Gaitho said he was equally horrified by the picture that was carried by The Sunday

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions there are five dominant media houses and no one has stopped anybody from opening a media house. He added one does not achieve equity by cutting off the legs of the tall man. He challenged those present to give real examples of where the media had been irresponsible so that they can correct themselves in future rather than the blanket condemnation. On the Public Communications Policy, Mr. Gaitho expressed fear that the policy will not open up public communication but will control public communication.

In closing this session, Prof. Mak’Ochieng, acknowledged that covering terror in a responsible and objective manner is somewhat difficult since every time there is an attack, people are affected and that media houses have a lot to learn from how they themselves covered the Westgate attack. He summed it all up by saying that in as much as there has been lots of criticism of the media, the media has played a key role in mobilising Kenyans to a common course. As an example, he said, it was the media that mobilised Kenyans to end post-election violence in 2008.

Session three: Whose narrative? Examining the media’s place in the construction of an African identity This session was moderated by Mr. Robert Kabushenga, the Chief Executive Officer of Vision Group, Uganda. He introduced the session by telling the delegates to ask themselves what is their identity. He then introduced the main speaker of the session Dr. Christopher Kayumba, a senior lecturer at the School of Journalism and Communication, National University of Rwanda. Dr. Kayumba responded to Mr. Kabushenga’s question and said African identity has a history and geography regardless of the narrators. Media does not just create stories, it also tells the real story. He acknowledged that media is a powerful tool and that in all societies; the dominant political discourse defines identity. The African has, for long, been viewed by leaders as backward, a victim, ignorant and one who is struggling. The Pan African post-colonial thinking is that the African is human and is communal. The colonial thinking, however, viewed the African as special children who never grow up. The media through the various stories that it covers from the continent has presented Africa, as a continent of variety, one that is plagued with corruption, is tribalistic and is largely dependent. This is the kind of ideology that the West has of Africa and so often, it doesn’t matter where one belongs; the dominant African identity is that of a corrupt, poor, violent, tribal and needy individual. Dr. Kayumba added on to say that while Africans have blamed the West for not talking about Africa positively, Africans have themselves not spoken positively about themselves. The kind of discourse presented in the African media has been that of hunger, disease, poverty, corruption, war, and tribalism. There is also the discourse of the developed and underdeveloped. The media in Africa is hence dominated by two types of identities; the knowledgeable rational, master, saviour identity and the needy, tribalist, born to be saved identity. These are the themes that are then picked up by the foreign media and played world over, hence constructing for the world, what an African identity is. He therefore challenged Africa to stop thinking the world owes them anything. Africa should stop thinking that other nations or the international media act out of charity or love but that they act out of interest. In concluding, Dr. Kayumba asked Africans to define themselves through their actions otherwise the rest of the world will define the African. Mr. Kabushenga then invited the panelists to respond to Dr. Kayumba’s presentation and asked them to address the question “When the media tells stories, do they sit down to worry about whether or not an African identity exists in the story?” Mr. Joe Ageyo, the Managing Editor at Kenya Television Network (KTN) was the first panelist to respond and he admitted that many jour-

THE MEDIA OBSERVER | APRIL - JUNE 2014

nalists do stories without thinking about identity because identity is not a news value. He then went on to say that there is really nothing like an African identity. Hence media houses do stories that sell and draw audience attention and rarely think of an African narrative. He said in as much as he is African, he was not sure if there is this one thing that unites Africans. He added that the African is a very complex being. Mr. Kabushenga then asked the second panelist, Mr. Maina Muiruri, the Managing Editor of the People Newspaper whether media houses in Africa are over dependent on the Western narrative? Mr. Muiruri acknowledged the African media has largely been shaped by the Western narrative and as a result, African media have often relied on the Western content on Africa. He cited the example of the news anchors in Africa who seem to emulate the Western news anchors in terms of how they present the news. He admitted that the African media has failed to cooperate in information sharing but has been driven by profitability. The panel agreed that in pursuing profitability, there is a danger to over simplify the African problem. This pursuit would also ignore the different perspectives that define lives. Africans themselves must, however, first come to the space where they can agree on an African identity. In concluding, Mr. Kabushenga challenged all the delegates to think about Nollywood and what it has done in constructing the African identity.

Celebrating Kenya’s Finest Journalists Annual Journalism excellence awards (ajea) 2014

The Media Council of Kenya congratulates the AJEA 2014 winners

The Media Council of Kenya runs the Annual Journalism Excellence Awards [AJEA] to coincide with the World Press Freedom Day celebrations. The awards endeavour to identify, acknowledge, inspire, support and promote media excellence in Kenya.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Pictorial

THE MEDIA OBSERVER | APRIL - JUNE 2014

1. The official opening of the 2014 World Press Freedom Day celebrations. From left: Immediate former Chairman of the Kenya Editors’ Guild Mr. Macharia Gaitho, Cabinet Secretary for Information, Communication and Technology Dr. Fred Matiang’i, President Uhuru Kenyatta, Media Council of Kenya Chairman Mr. Peter Wakoli and the Media Council of Kenya CEO Dr. Haron Mwangi. 2. H.E President Uhuru Kenyatta, President of the Republic of Kenya. 3. MTN Business CEO Mr. Tom Omariba presents the Business TV category award to NTV’s Abby Agina. 4. Prof. Levi Obonyo, Dean, School of Communication, Language and Performing Arts, Daystar University and Chief Judge, Annual Journalism Excellence Awards. 5. Chief Guest at the 2014 Annual Journalism Excellence Awards Prof. Githu Muigai, Attorney General, Republic of Kenya. 6. Uganda’s Minister for Information and National Guidance Hon. Namanyanja Rose Nsereko. 7. Media Council of Kenya CEO Dr. Haron Mwangi during the 2014 Annual Journalism Excellence Awards gala night. 8. Media Council of Kenya CEO Dr. Haron Mwangi during the official opening of the Regional Journalists’ Convention at KICC. 9. The Villagers Band entertains guests during the 3rd Annual Journalism Excellence Awards gala night.

10. Safaricom CEO Mr. Bob Collymore was among the guests during the 3rd Annual Journalism Excellence Awards gala night. 11. Heinrich Böll Stiftung East & Horn of Africa Director Ms. Katrin Seidel presenting an award to Baraka FM’s Diana Wanyonyi. 12. Safaricom’s head of PR and Corporate Communication Elizabeth Yoga [left] was also in attendance. 13. NTV’s Watson Karuma [left] receives his award for emerging the best in the Sports category from Coca Cola’s Ampher Apidi. 14. Radio Salaam’s Asha Bekidusa receives her award in the ICT & Telecommunications radio category from CCK’s Assistant Director Mr. Mutua Muthusi. 15. A cross-section of participants at the Regional Journalists’ Convention at KICC. 16. The Amphitheatre at KICC was the venue for the Regional Journalists’ Convention. 17. A cross-section of guests at the 3rd Annual Journalism Excellence Awards gala night at KICC. 18. The 2014 Journalist of the Year Dennis Okari receives his award from the UNDP Kenya Country Director Ms. Maria-Threase Keating. 19. A participant makes a contribution during the plenary session at the Regional Journalists’ Convention. 20. BBC’s Gladys Njoroge receives her award for the News Bulletin radio Category from Safaricom CEO Mr. Bob Collymore.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Celebrating Kenyaâ&#x20AC;&#x2122;s Finest Journalists Journalists of the Year

Good Governance Reporting

Dennis Okari (NTV) and Joseph Mathenge (Freelance)

PRINT: Walter Menya [Sunday Nation]

Veterans Category: Eunice Mathu [Parents Magazine]

TV: Dennis Okari [NTV] RADIO: Diana Wanyonyi [Baraka FM]

Tourism Reporting PRINT: Vincent Achuka [Sunday Nation]

Gender Reporting

TV: Ferdinand Omondi & Edmond Job Oduor [KTN]

PRINT: Stephen Muthini [Daily Nation] TV: Mashirima Kapombe & Charles Kariuki [KTN ]

Health Reporting

RADIO: Ali Haji Kipapuro & Gabriel Mwambenyu [Radio Kaya]

PRINT: Jeckonia Otieno Okoth [The Standard] TV: Yambo Marie/Tony Muhatia [KBC]

Children & Youth Affairs Reporting

RADIO: Diana Wanyonyi [Baraka FM]

PRINT: Kiundu Waweru [The Standard ] TV: Mashirima Kapombe & David Kaigi [KTN ]

Environment Reporting

RADIO: Diana Wanyonyi [Baraka FM]

PRINT: Wanjohi Kabukuru [Diplomat East Africa] TV: Violet Otindo & Eugene Osidiana[ K24 TV]

ICT & Telecommunications Reporting

RADIO: Ali Maingu [Radio Salaam]

PRINT: David Herbling [Business Daily]

Young Journalists

TV: Brenda Cheruiyot [Citizen TV ]

PRINT: Lydia Matata [The Star]

Radio: Asha Bekidusa [Radio Salaam ]

TV: Halima Omar [NTV] RADIO: Samson Gituku [Radio Citizen]

Camera Person of the Year Joseph Mathenge [Freelance ]

Arts & Culture Reporting PRINT: Joseph Muchiri [The County Weekly]

News Bulletin Category

TV: John Juma & Victor Mwasi [KTN]

TV: Beatrice Gatonye [KBC]

RADIO: Miswaleh Zingizi [Q FM]

RADIO: Gladys Njoroge [BBC Radio ]

Sports Reporting PRINT: Elias Makori [Saturday Nation]

Free Press Kenya

TV: Watson Karuma & Steven Mwei [NTV]

Winner: David Ohito [The Standard]

RADIO: Christine Muthee [Medeva- Radio Amani] Business Reporting

Cartoonist of the Year

PRINT: Moses Michira [The Standard]

Stanislaus Olonde Oneya [The People ]

TV: Aby Agina & James Opiyo [NTV] RADIO: Lydia Kusina [QTV]

Photographer of the Year Joseph Mathenge [Freelance ]

THE MEDIA OBSERVER | APRIL - JUNE 2014

Celebrating Kenya’s Finest Journalists

The 2013/2014 Journalists of the Year: Mr. Joseph Mathenge [second left] and Mr. Dennis Okari [right] with the Chief Guest Prof. Githu Muigai [second right]. On the left is Mr. Mathenge’s son, Geoff Kihato.

Sponsored by

THE MEDIA OBSERVER | APRIL - JUNE 2014

President Kenyatta: Media Freedom comes with Responsibility

For the second time in a row, the Media Council of Kenya hosted President Uhuru Kenyatta during celebrations to mark this year’s World Press Freedom Day in Nairobi.

The President presided over the official opening of a Regional Journalist’s Convention organised by the Council as part of activities to mark the day at the Kenyatta International Convention Centre on May 2, 2014. President Kenyatta reminded journalists to embrace responsibility while reporting, saying they had no absolute freedom over what they published or broadcast. “There is no room here for a freedom of the press that does not come with an equal challenge for the media to be responsible,” he said. He accused journalists of breaching

THE MEDIA OBSERVER | APRIL - JUNE 2014

their professional code of conduct by writing damaging stories and headlines, adding that some journalists overstepped their freedom by failing to check facts of their stories, hence damaging people’s reputation. “It is your job as journalists to check your facts, and after you have checked, to check again. It is your job as journalists to know what the law requires and to observe its demands. It is your job always to keep by your side your own code of conduct and to refer to it before your story is written,” he told media practitioners and academics gathered for the annual event.

The President said the government would use its powers to defend those who could not protect themselves against the media. “Where you fail in your duties to yourselves, your profession and your countrymen, then the State must and will defend those who have no other way of protecting themselves,” said the President. President Kenyatta, at the same time, lauded the role played by the media in national development and encouraged it to take advantage of the freedom to operate. He defended his government against accusations of

gagging the media, saying he had lived up to the Constitution by setting up regulations in the media industry.

Where you fail in your duties to yourselves, your profession and your countrymen, then the State must and will defend those who have no other way of protecting themselves

Information Communications and Technology Cabinet Secretary Dr. Fred Matiang’i reaffirmed the government’s commitment to press freedom, saying that a number of media legislations had been passed to guide media operations. Others who spoke were the Ministry of Information Communications and Technology Principal Secretary Joseph Tiampati, Media Council of Kenya CEO Dr. Haron Mwangi and the Media Council of Kenya Chairman Mr. Peter Wakoli. The Journalists’ Convention under the theme: Media Freedom for a Better Future: Shaping the Post-2015 Development Agenda was attended by close to 500 delegates comprising media practitioners, trainers, academics and policy makers from Kenya, Uganda, Rwanda, South Africa, Zimbabwe and Burundi among others. Kenyan delegates were drawn from the media, civil society, donor agencies,

institutions of higher learning and Government agencies. A special group to this year’s event was the County Communications Directors. Delegates at the two-day event deliberated on issues around media and development and specifically its role in nurturing open and participatory inclusive governance. Topics ranged from access to information, the rule of law as well as devolution in Kenya. The convention also affirmed Kenya’s lead role in the establishment of the East African Media Protocol within the East Africanisation framework. In marking the World Press Freedom Day held annually on 3rd May, the Media Council of Kenya organises two events — the Journalists’ Conference which culminates into the Council’s Annual Journalism Excellence Awards that recognises and rewards professionalism in journalism. - Jerry Abuga.

Book on Trauma Counseling Launched The Media Council of Kenya, with support of the International Media Support (IMS), published a book on trauma counselling for journalists titled: “Images that stay forever: Personal stories of trauma suffered by Kenyan journalists covering the Tana River massacres in 2012 and the Westgate Shopping Mall attack in 2013”. The book was launched on May 2nd 2014 at the Nairobi Safari Club. Deputy Vice Chancellor in charge of Finance, Human Resource and Transformation at the University of the Witswatersrand, South Africa, Prof Tawana Kupe launched the book.

The publication tells the story of some Kenyan journalists who suddenly found themselves at the epicenter of human suffering when they covered two tragic events that took place in Kenya: The Tana River clashes and the Westgate Shopping Mall terrorist attack. They tell about what it felt like witnessing tremendous human suffering, and how that experience has continued to affect them long after their news stories were filed. It has a chapter on how journalists can deal with trauma related stress. Under the Enhancing and Up-scaling Media Safety and Journalistic Professionalism in Kenya project, the Media Council of Kenya with

support from IMS, responds to the need for mechanism and capacities related to ensuring safety and protection of media practitioners in Kenya. The project has several components, including the establishment of safety and protection mechanisms (Protocols), safety fund, trauma counselling, training on safety, and promoting dialogue between media and security institutions. The Media Council of Kenya runs a webbased alert system for journalists in distress and carries out a rapid response operation for journalists. - Jerry Abuga.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Book Launch

Images that stay forever: Personal stories of trauma suffered by Kenyan journalists covering the Tana River Massacres in 2012 and the Westgate Shopping Mall attack in 2013. After a day of deliberations, the delegates were invited to a cocktail at the Nairobi Safari Club. The cocktail was to launch the book "Images that stay forever." This book, published by the Media Council of Kenya and the International Media Support, documents the personal stories of trauma suffered by Kenyan journalists covering the Tana River Massacres in 2012 and the Westgate Shopping Mall attack in 2013. Dr. Haron Mwangi, the Chief Executive Officer of the Media Council of Kenya in his opening remarks, said many journalists did not know the Westgate attack was a terror attack as most of them had been informed it was a robbery. They therefore were not prepared to deal with the events that followed. One journalist who had only been in the newsroom for three months witnessed the shooting of a Kenya Defense Force Officer right before his eyes. Dr. Mwangi expressed gratitude that the media house where this journalist worked was gracious enough to help him deal with the trauma. He added many people did not care to find out what journalists go through in their coverage of terror and conflict and that this book would be the first step to understand the experiences of such journalists; as it documents their stories and also suggests how to deal with the attendant trauma. He then welcomed Prof. Tawana Kupe to speak and launch the book. Prof. Kupe appreciated journalists who shared their stories to help

THE MEDIA OBSERVER | APRIL - JUNE 2014

provide material that made the book. In spite of the small size of the book, (41 pages), Prof. Kupe says it does a number of things: a. It humanises journalists since people rarely stop to think about what happens to them as they report dangerous situations. Indeed, there is trauma for those injured and also for those who report it, how they feel and what they went through. b. The book is also a rich and valuable resource for journalists who report in traumatic situations. It not only presents what others in similar situations have had to endure, but it also speaks to how to manage the trauma. c. "Images that stay forever" is a book of media literacy for the continent. Since many people do not understand how the media works, the book presents the inside story of the lives of journalists who cover traumatic situations. The book should be given to trainee journalists and to university students who are thinking of pursuing a career in media. University students at the post-graduate level should also read it since it points to a number of researchable PhD studies. Prof Kupe added he would be more than willing to supervise doctoral studies on the subject. In conclusion, Prof. Kupe acknowledged trauma raises a number of ethical issues that media houses cannot wish away. Media houses, he said, should help journalists deal with trauma and should prepare them for such eventualities before they occur. He expressed gratitude that the book, in its last chapters, helps readers understand trauma and provides tips on how journalists can deal with it. Prof. Kupe then officially launched the book.

Report of the discussions Session Four: A report card of a free and independent media in Kenya’s development: An interpretative political economy perspective

This session, which took place on the second day of the convention, focused on the state of the media, tracing its roots from the pre-colonial era to the present day and challenges facing the industry. As part of the opening of the deliberations for the day, Jaco du Toit, Advisor for Information and Communication, UNESCO, said a free media was necessary for the development of a democratic Kenya. He read the joint speech of Ban Ki-moon and Irina Bokova; the UN Secretary General and the UNESCO Director General respectively. The speech titled, "Media Freedom for a Better Future: Shaping the Post – 2015 Development Agenda," highlighted the need for all populations to enjoy the fundamental rights of freedom of opinion and expression. These rights are essential to democracy, transparency, accountability and the rule of law. They are vital for human dignity, social progress and inclusive development. In this speech, Ban Ki-moon called on all states, societies and individuals to actively defend freedom of expression and press freedom as fundamental rights and as critical contributions to achieving the MDGs and advancing the post-2015 Development Agenda. Jaco du Toit then wished the delegates fruitful discussions and a happy World Press Freedom Day. (See Appendix 4 for full joint speech by UN Secretary General, Ban Ki-moon and UNESCO Director, Irina Bokova) The main speaker of the session was Prof. Levi Obonyo, who gave a report card on the free and independent media in Kenya. He started by querying the meaning of the notion of a ‘free and independent’ media. What does a free and independent media entail? Free from what or who? He categorised the media in Kenya into five eras namely; a.

The colonial era which had the white media that championed the interests of the white settlers, Asian media, which was

divided into two. One part paid tribute to India and another strived to maintain the status quo. The black media was headed by freedom fighters. Harry Thuku had a prominent paper that was banned in 1952. The Kenyatta one Era: The first president of the republic of Kenya, Mzee Jomo Kenyatta was a journalist and defended media freedom. The problem of this era was that the political leadership and cronies around him made certain demands on the media. The Moi Era: This was not a safe time for journalists. Journalists were often detained, beaten and tortured, publications were banned, newsstands were raided, entry of foreign offending papers and magazines was curtailed and critical thinking and expression in universities was frowned upon and the professors went into exile. The Kibaki Era: This era opened space for the media to perform but it also hit the media harder than before. It also brought about the birth of MCK that gave us a model regulatory mechanism that is worthy of emulation. The 2010 constitution of Kenya also enshrined media freedom under Articles 33, 34 and 35. The Kenyatta two Era: The country is still under this era. As a person, the President has had more press conferences than all the former presidents combined. The Media Council Act 2013 and the Kenya Information and Communication (Amendment) Act 2013 were both passed in 2013.

He concluded his submissions by stating that freedom is never given but rather it is contested for and urged the media to continue contesting for this freedom. The first panelist in this session Dr. Nyakundi Nyamboga, Coordinator and Lecturer, Communication and Media Studies, Moi University, asked why Kenya still doesn't have legislation that would help them enjoy Article 35 of the Constitution. He stated that the media was not doing enough to agitate for this bill to be passed and hence the need for more space to operate. Quoting Noam Chomsky’s and Edward Herman Manufacturing consent and the agenda setting theory, he noted that what passes for expert opinion is often manufactured. Mr. David Ohito, the Online Editor at the Standard Group, noted media freedom is under threat. He urged participants to compare the President’s speech last year and his speech this year. The differences between the two indicate journalists are in for a bad time. He stated the media situation will be as bad as Rwanda and Ethiopia and that the Kenyan media is aping the Singaporean model, which is not good. He noted a few challenges facing the media industry. Firstly, while the Media Council Act 2013 was good, the Kenya Information and Communication (Amendment) Act 2013

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions was a little problematic owing to the high fines stipulated therein. Secondly, the biggest threat is no longer the state but rather the corporate world. He remarked that newsrooms have been mortgaged by commercial interests. Media owners present the third challenge. Most of them have political leanings, which is detrimental to a balanced media and there is also a drive to push away those with the wrong political leanings. Lastly, the media houses themselves present a unique challenge. In this regard, Mr. Ohito questioned the quality of stories from these houses. He urged delegates present to wake up and do the African story adding that nobody could tell our story better than Africans. Editors must be more open to creativity. He also noted hiring of journalists has been taken over by human resource managers as opposed to editors as it used to be which in itself is problematic.

The open discussion revolved around the training of journalists where delegates felt standards were falling hence the need for enhanced training. Opinion on how best to enhance training was divided with others feeling media houses should conduct in house training to highlight emerging issues such as climate change and devolution while others felt training institutions should be a lot more aggressive. The other concern from the open discussion was the welfare of journalists where one journalist from Kuria, Migori County, narrated her experience, saying it was extremely difficult to gather and package news in rural areas. She gave an example where she said it was not fair to spend more on gathering a story and earn less when the story is used.

Session Five: Media Plurality and Diversity: Nurturing and fostering democracy, citizen participation and development in Africa

and responsible state officials among other advantages. According to her, the media in Africa has gone through four phases including media during the struggle for independence, media under the new African leaders – many backtracked on their promises hence shrinking as opposed to expanding media spaces, the liberalization of the media – which brought about privately owned media and the current phase of a free and pluralistic media. She noted media ownership should be distributed across gender, social status, religion, and other parameters, as this will reduce the ideological power of the media. If this is not sorted, many other things like policy and working conditions will remain hanging.

The moderator Dr. Haron Mwangi, CEO Media Council of Kenya, set off the discussion by asking whether media plurality and media diversity are one and the same thing. He wondered whether multiplicity of media outlets means diversity of opinion and ideas considering the dominant voices of leaders at the national level are the same voices at the regional and local level. He then welcomed Prof. Monica Chibita, Associate Professor, Head, Department of Mass Communication, Uganda Christian University, to make her submissions as the key speaker to this session. Prof. Chibita started by quoting from the famous Jonny Nash song saying in media plurality and diversity issues, the more we discuss the issue, “there are more questions than answers, the more I find out, the less I know.” She stated that freedom of speech and expression is important as it helps in the enjoyment of other rights and freedoms. When citizen participation works, it helps in the construction of citizenship, strengthens practices of development, and stimulates responsive

THE MEDIA OBSERVER | APRIL - JUNE 2014

She noted that media oligopolies (a structure where only a few firms dominate the sector) have taken root in Africa thus hindering the diversity of media content. This has implications on diversity of information and its delivery. In concluding, Prof. Chibita observed there was need to strike a balance between investment, competition and innovation. The media in Africa does not seem to represent the full range of political leadership by interest or diversity. There are also some key concerns over the representation of gender issues and the roles of males and females in the pecking order. She pointed out the need for the media in Africa to have local content and to develop and nurture local talent. The first panelist in this session Dr. Wilson Ugangu, a lecturer at Multimedia University of Kenya, was of the opinion that the media had not fought hard enough for continued freedom. He noted the space for press freedom is narrowing and that the steps taken by the Kenyan government are indicative of shrinking spaces for the media. Of the many challenges facing the Kenyan media, perverse and unconstrained power of elite groups; especially in economics and politics — in society over the media was singled out as the biggest. Another challenge was what he dubbed as ‘media’s internal problems,’ which include poor remuneration, lack of professional-

Report of the discussions ism and functioning from different worldviews. Afro centrism is what the speaker urged the participants to embrace. Government interference of information flow, for example the live coverage ban and the peace journalism agenda that was propagated at the expense of critical news analysis should be key concerns for the media going forward. Ms. Jane Godia, Editor, African Woman and Child Feature Services (AWCFS) added her voice to this session by saying their publications at AWCFS exist to tell the ‘other’ story. She noted that in news stories, there is still a lot of gender discrimination as since society hardly gets to hear the voices of the marginalised groups

like women and children among others. In talk shows, she noted that the dominant voices are those of men and that transformative change was necessary in newsrooms as gender equality includes participation in media spaces. Ms. Godia went ahead to educate the participants on the differences between gender equality and gender equity stating that gender equality refers to women having same opportunities like men while gender equity recognises that men and women’s needs are different. It means re-focusing the resources allocated to either gender and it goes beyond equality of opportunity. Further, she added since the needs and wants of the genders are different, even their treatment in media spaces should be different and tailored to fit specific genders.

Session Six: Media freedom, freedom of expression and access to information: Opportunities and limitations in consolidating democratic rule of law and development gains in Africa more than 25 messages from citizens complaining of negligence at the hospital. He also received two anonymous calls warning him to vacate the town or “we will send you to the grave.” The second case was an incident that happened four years ago when Chansa Kabwela, a Zambian journalist and former editor of The Post captured attention after she was arrested and charged with obscenity. Kabwela had distributed to government officials graphic images of a woman giving birth in a hospital parking lot without the benefit of any medical assistance as the baby who was in a breech position died. Her intention was to illustrate the effects of a Zambian nurses’ strike. The pictures had been taken by her husband. Former President Rupiah Banda declared the images pornographic and ordered the arrest of people responsible for their distribution. Her newspaper was equally charged with contempt of court for writing an editorial in her support. From the above case studies, notes Maina, it is clear a free media is not a luxury not least in the globalising world. It is at the unconditional nucleus of transparent, equitable and sustainable development.

This session focused on the state of media in Africa in light of media freedom, freedom of expression and access to information. Moderating the session, Mr. Haruna Kanaabi, Executive Secretary, Independent Media Council of Uganda, asked whether Africa has a guaranteed media freedom or a semblance of media freedom. He then invited Mr Henry Maina, Director, ARTICLE 19 Eastern Africa to respond to this as he makes his presentation as the main speaker for the session. Mr. Maina used two case studies to illustrate that a healthy democracy enshrines freedom of speech and expression. He narrated the story of Robert Wanyonyi, a Kenyan journalist, who on August 9, 2013 obtained video recording of a pregnant woman giving birth on the floor of the Bungoma District Hospital. The footage was aired on KTN on September 3, 2013 showing a woman giving birth on the floor, followed by nurses reprimanding her and physically assaulting her. Soon after the story was aired, Wanyonyi received

The African Charter on Human and Peoples Rights in Article 9 clearly guarantees freedom of expression. This provision was elaborated under the Declaration of Principles on Freedom of Expression in Africa clearly spelling out what is expected of states in fulfilling freedom of expression, media freedom and right to information. Most countries have constitutions, which in some way guarantee freedom of expression. Fewer have direct guarantees of media freedom and only 17 have guarantees on right to information. Giving the emerging jurisprudence, the right to information is enforceable in court even where a comprehensive right to information implementation laws has not been passed. According to Mr. Maina, in terms of media diversity and pluralism, most of the Africa countries have witnessed tremendous growth of both legacy media and Internet based media. Private commercial media both print and broadcasting has witnessed phenomenal growth in nearly all the countries. However, there are a few countries where the state broadcasters are still the main sources

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions needs to be done to make this right a reality for the People of Africa. Democratic regression is therefore a reality but it can be halted. In this regard, he offered the following suggestions: a. Governments must make effort to eliminate laws and legal interpretations, which have their roots in colonial systems. Civil society and media need to be proactive in lobbying for the change of these laws. Alternatively, they can work with like-minded legislators to introduce amendment to these legislations b. Journalists must also come out strongly to protect media freedom. One way they can do this is to strengthen selfregulation mechanisms, which are the custodians of the code of ethics. c. Civil society should also continuously monitor and document violations on freedom of expression. These reports are a valuable source of gauging the pulse of media freedom in Africa and can also be used to generate sound policy.

of information. Eritrea is the only country without private media. He continued to opine that Africa is at a crossroads as far as democracy, human rights and the rule of law is concerned. While many countries in Africa are celebrating 50 years of independence, including the Africa Union, the continent has nevertheless been said to be undergoing a “democratic recession.” Quoting Larry Diamond, Mr. Maina noted that the “democratic wave” triggered by the end of the Cold War “has been slowed by a powerful authoritarian undertone, and the world has slipped into a democratic recession” as evidenced by the monitoring reports and indexes of various human rights organisations. This roll back in his view, had affected media freedom, freedom of expression and access to information just as the media has tried, sometimes with little effect, to keep the wheels of democratisation and rule of law rolling. In conclusion, Mr. Maina state that whilst Africa has made some strides on the advancement of freedom of expression, a lot still

Dr. Ken Ramani, a lecturer from Mount Kenya University and the first panelist in this session, then responded to Mr. Maina's presentation by focusing on media ownership, stating that media ownership has presented numerous challenges to media freedom. He noted politicians have taken over the media and that there is no way that politicians, having enjoyed the power that comes with media ownership, will give the media room to operate freely and independently. International and local legal instruments were the focus of Ms. Anne Nderi's presentation. The Programme Officer at International Criminal Jurists (ICJ), Kenya, pointed out that Kenya is a signatory to important articles that guarantee press freedom like ARTICLE 19, which states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” The International Covenant on Civil and Political Rights (ICCPR)-Article 19(1) states that everyone shall have the right to hold opinions without interference. Under Article 19(2); everyone shall have the right to freedom of expression; this right shall include freedom to receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media. One key opportunity that the speaker mentioned was the African Peer Review Mechanism (APRM), which Kenya acceded to in 1994. It is an instrument that members of the African Union voluntarily endorse. Its objective is “to foster the adoption of policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerated sub-regional and continental economic integration through sharing of experiences and reinforcement of successful and best practice, including identifying deficiencies and assessing the needs of capacity building.”

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions Dr. Clayton Peel, a senior lecturer of Communication, Daystar University, was the third speaker of the session. He started by quoting Zaffiro (2002) stating “freedom of media is a spurious western concept, since media always reflect the particular values of a place. Journalists should be sensitive to the direction of the government.” He noted that the question to be asked with respect to Africa’s thrust towards media freedom and democracy is not whether these concepts come from the East or the West – the bigger question is, media freedom sought to what end? And freedom to do what? Dr. Peel said if we can answer these questions, without being trapped in the preoccupations of ideology and western romanticism, we may then make progress with this debate in a way that rises above the usual speechifying. He pointed out the need for journalists and scholars to put the African audiences at the centre of training and orientation, knowing their values and expectations may not be matched by the motives of the western-oriented media and their freedom of expression model. Using three examples, one from Zimbabwe, another from South Africa and another of the (in)famous Julian Assange, he queried the era of guerrilla journalism — a journalism without responsibility and devoid of ethics. Further, the speaker asked whether journalism has become a sport where one scores by exposing story subjects to maximum embarrassment, if not danger, and then engage in the ritual chestthumping for having nailed the scoop. Noting that there are still journalists held in Cairo prisons pre-trial, Dr. Peel accepted the stark contrasts in the industry. While on the one hand, the terrible intolerance, of totalitarian regimes, is riding roughshod, over elementary media freedoms, on the other hand, journalists, and the reckless frauds and muckrakers that align themselves with us (professional journalists), are engaged in trivia that is mischievous, insulting, and distinctly un-African. He urged journalists to check on the Afro-pessimistic slant; one that holds African governments to accountability and done on African journalists not on terms imposed or imported from Fleet Street. This approach pursues freedom of information in the interest of diversified knowledge

that extends the breadth of experiences rather than the penchant for gossip. It also asks questions, not just of the various countries and leaders, but also of the critics of various countries and their leaders, even as those critics feel free to hold the line with their consistently negative narratives. In conclusion Dr. Peel stated that he was not buying into either the development media paradigm which was promoted by the founding fathers of independent post-colonial states because it was flawed and because it had a desire by those politicians to monopolize the media field, to the exclusion of their real or perceived opponents nor the parochial and flawed western models of a “liberal democratic media” either. He stated that too often, these are narratives infected by uncultured motives, with a huge dose of Afro-pessimism. They are narratives, which fail to resonate with the African mind. As a result, they are narratives at variance with democratic trends in Africa, which elect the very personalities, which the western media have demonised. Dr. Wandia Njoya, a senior lecturer and the Head of Language and Performing Arts at Daystar University, was the last speaker in this session. She noted that freedom of speech and expression should be determined by what is in the interest of the people. There is also need to develop a culture or information sharing. The current scenario of not sharing information is derived from the colonial mentality of control, a tradition that has been difficult to break. This information is much more than politics. She also said as a country, Kenyans have very poor record keeping habits and that good record keeping should be encouraged. In concluding this session, Mr. Haruna Kanaabi said African democracies can be said to be in recess and that a number of groups are still marginalised many years after independence. He summed the session by saying that press freedom is not just about the freedom of the press but also the freedom of people to express themselves and this second part should not be ignored by the media and the society.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions Session Seven: The media and its message: Constructing a “Kenyan Identity” in a devolved system The focus of this session moderated by Dr. George Nyabuga was how the media can help construct a “Kenyan identity.” The key speaker of the session was Dr. Muiru Ngugi, Associate Director, School of Journalism and Mass Communication, University of Nairobi. He noted the lack of or the formation of a ‘Kenyan Identity and focused on how Kenya was divided into provinces immediately after independence and how the 42 ethnic groups have lived together for the last 50 years while trying to form a unified identity. His presentation mainly dwelt on the role the media has played in helping create this identity. Dr. Ngugi’s presentation provided a historical understanding of how Kenyans became Kenyans. He explained that the category Kenyan identity is an ethno-cultural, not a biological or demographic one. He further noted that for one collective identity to be formed in Kenya, Kenyans of various ethnic hues have to discard, or at least devalue their primordial tribal identities and embrace one Kenyan identity. It is possible for diverse identities to co-exist under one collective identity, but such a situation normally presupposes the existence of one over-arching narrative under which all the others are subsumed. Dr. Ngugi mentioned the highly fragmented media audience as the greatest challenge to the formation of a Kenyan identity. He gave a few pointers of how the media can salvage its image and help in the formation of a Kenyan identity. In his view, the media should; a. Be more balanced in their political coverage b. Expose ethnic bias in the devolved systems c. Support the national government as it praises the benefits of devolution d. Push for more resources to be allocated to the devolved gov-

ernments as the economy expands educate citizens about their obligations both to the county and national governments without privileging the counties e. Use entertainment for identity formation f. Translate programming from local languages to Kiswahili and English and to exchange such programming with other stations in different parts of the country g. Play their part in standardising sheng, an urban colloquial language In conclusion, he said collective identities are constructed on the basis of common narratives, themselves based on shared experiences as remembered through fickle and malleable memories that prioritise certain events and experiences that are then appropriated to construct a desirable narrative of uniqueness, of difference, of who we are and that our media can help us do that. Ms. Nancy Booker, a lecturer and the Chairperson, Journalism and Communication Department at Multimedia University of Kenya asked questions that formed part of the discussion. To begin with; is there a single Kenyan Identity or are there identities? It is common practice in Kenya that when one introduces themselves, the next question would naturally be where in Kenya do they come from and given the history of Kenya, this is a natural tendency since personal backgrounds unavoidably affects how people ask questions. Other questions that she raised in her presentation were: a. How has the Kenya identity been constructed if at all it exists? b. Do all of those categorised as Kenyans perceive themselves as Kenyans? c. Are all who perceive themselves as Kenyans accepted as Kenyans?

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions d. Are there levels of Kenyanness where some are more Kenyan than others? She added that if Kenyans had indeed constructed a Kenyan identity, then the national dress for example, an idea that was driven by former Vice-President Moody Awori, would have succeeded. She said in the debate of the Kenyan identity, it should not escape society to take cognisance of the fact that Kenya is part of the global society and as such, this is likely to have an effect in what a Kenyan identity/identities would look like. Cultural imperialism and colonialism are just some of the contributors towards this construction and they tend to be the dominant identities in any part of the world. In a devolved system, chances are that the scenario would not be entirely different, as the dominant ideology within the counties then becomes the identity of the county and this is what the media is likely to carry. Concerns about who owns the media at the national and the county level also come into play and are likely to influence the kind of identity being propagated. Ms. Booker suggested that the process of constructing a Kenyan identity calls for first, de-constructing the Kenyan identities that exist but that have been demonised. It involves taking a walk back in time to understand the history of the people of Kenya, even if it is from an ethnic point of view and appreciating that history, because it goes a long way in defining who Kenyans are and how the Kenyan individual has morphed over time. In doing this then, society should be asking what are some of the things that emanate from the past that inform part of the present day realities. She added that the construction of a Kenyan identity needs to be two-way, where society in its various structures helps shape this identity and then the media propagates it to the rest of the country. She concluded her submission by drawing from the Constitution of Kenya 2010 Article 10, which talks about Kenyaâ&#x20AC;&#x2122;s national values. If this is the guide what Kenyan values are, then; do the media in Kenya have content that; a. Show our patriotism and national unity?

b. Allows people to participate and where this participation is evidenced, whose participation? c. Promotes human dignity, equality and avoids discrimination? d. Gives space to the marginalised people in society? e. Promotes good governance, integrity, transparency and accountability? f. Is development oriented? She said the construction of the Kenyan identity in a devolved system starts way before the media steps in. It starts with each Kenyan. This conversation cannot be left to media alone but can be started in other socio-cultural institutions such schools, in the families, in religious institutions among other places and then the media will find it and automatically pick it up and run with it. Discussions centered on the formation of a â&#x20AC;&#x2DC;Kenyan Identityâ&#x20AC;&#x2122;. One delegate noted that instead of shooting ourselves in the foot, we should use our different languages positively. Another advised that the media should stop negatively criticising the government of the day. She noted it was a sign of retrogression. Another opined that the lack of a collective identity had its roots on the lack of a historical background hence tribal intolerance. The present context has devalued history and this was part of the problem in an attempt to construct an identity/identities. Commenting on the same issues, another delegate noted Kenyans should not prioritise their identities as there are different and multiple identities all through our lives. Identity is an issue of power and the person who ranks these identities is the one who has the power. Conclusions from the floor pointed to the fact if people feel disenfranchised, then they cannot have a common identity. There are things and privileges that should be common to all citizens so that this can lead to a common identity, which would then translate to a nation state. The whole issue of identity is in the construction and that the fact that we are placed in a common border is a form of identity but that all these discussions must be guided by the Constitution.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Report of the discussions

Session Eight: Mind the gap: Public Service Media and Development Dr. Othieno Nyanjom, an Independent Media Researcher, and a panelist, outlined the role of public service media and development. He stated there was need to have an active public service broadcaster which, in essence, should play its role in helping educate the masses on matters regarding the Constitution. He stated that development does not equal economic growth. Development is more valuable and holistic. He illustrated this by stating that despite the double-digit economic growth that Kenya had witnessed recently, poverty levels have increased. The media should then be more proactive in among other things, pointing out the ills in government and help in educating the masses on the Constitution. Dr. Nyanjom concluded by stating that Kenya is still a ‘man-eat-man society’ as famously stated and that is why we are yet to improve in terms of development.

This session was moderated by Dr. Christopher Kayumba, a senior lecturer, School of Journalism and Communication, National University of Rwanda, who provoked the delegates by asking whether it is possible to close the gap between media and society. Ms. Rosemary Okello – Orlale, Programme Officer, Ford Foundation Eastern African Office, was the main speaker in this session. Her presentation titled “Advancing Public Service Media Initiative” alluded to the fact that most people think of the public broadcaster when they think of public service media. She noted that the role of public service media is to give ordinary people a voice and to be a voice of the voiceless where the information provided should help Wanjiku - the ordinary citizen. The media is an enabler and as such when the media puts pressure on any issue, the government acts. These help in attaining the public space for debate. Informed by the opinions of Jurgen Habermas on the Public Sphere, she noted that the public shapes the agenda especially through the social media. Such discussions, she further noted, thrive were democracy exists. The ideal thing to do according to her was to close the gap that exists between the ordinary man and the elite. The expansion of the ‘fifth estate’ also needs to be encouraged. India, for example, has been transformed into a knowledge society by its use of information and communication technologies. Ms. Okello said those involved can and should take the post-2015 development agenda to other spaces that are still closed up in order for society to succeed. In this regard, those working in media should strive to reinvent and reemerge for tomorrow’s development.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Dr. Jacinta Mwende, a lecturer in Philosophy at the University of Nairobi, in her submission as a panelist, questioned why we should mind the gap between the haves and the have-nots. The haves are still the same people who own the media. Even as media business people pursue their agenda, it is true that they provide information but whose information is disseminated? She added that when the government muzzles the media, they say they are doing this for the public good and when the media makes profit, they too say they are pursuing public interest and this are issues that beg further discussion. In the recent past, Dr. Mwende noted that with devolved government system, the media had been slow in covering the counties and where it has gone ahead and covered coun-

Report of the discussions ties, the media has only provided short reports of what is happening at county levels, hence not comprehensive. Dr. Rosemary Kowuor- Nyaole, a lecturer in Communication at Daystar University and a Media Council member, noted that for journalists to play the watchdog role effectively, they needed education and resources. She outlined the various roles of the watchdog as that of checking on government, guarding against excesses and protecting the rights of individuals in society. She also expressed concern over the current trend by media houses to hire celebrities at the expense of trained journalists. This, she said, was affecting the quality of journalism being manifested today. To this end, Dr. Kowuor concluded that media houses need to balance between profit making and serving public interest. The open discussion forum in this session raised certain issues that beg for further debate; a. Communication is central to the operations of the government and as such, the government of Kenya needs to embrace and not antagonise media so that the two institutions can work together in developing the nation. b. There is need for government to revamp the state broadcaster. KBC as a public service broadcaster has the capacity to churn out good quality programmes that can reach the majority of Kenyans even in the rural areas. This should be harnessed. Additionally, KBC must be seen to serve the public and not the state.

c. There are few women in the media because of the environment in which they operate. The media has always been masculine and this has not changed over time. A common trend in Kenyan media is that many women journalists leave the newsrooms for the academia. The media in Kenya and even in other parts of Africa must make hiring and retention of female journalists a priority.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Way Forward and Recommendations After the deliberations, delegates were offered the chance to reflect, make comments and give recommendations that would guide not just the Media Council of Kenya in planning future conventions but also address issues that emerged. From the session dubbed â&#x20AC;&#x153;Open Micâ&#x20AC;?, the following observations were made: a. There are a number of marginalised counties in terms of development and media representation and the Media Council of Kenya should advocate for more media presence in these areas. They should also be represented in fora such as this convention so that their voices and concerns are heard and articulated. A number of these marginalised counties have suffered historical injustices such as the Wagalla massacre. b. An online engagement forum should have been incorporated into the convention. There is need to have social media platforms for this kind of engagement and a provision for live streaming of the deliberations and questions. c. There seems to be a misunderstanding that private media cannot serve public interest, which is a fallacy. All media can serve public interest and there is public service in private media. There is also belief that Public Service Broadcasting must be dull, boring, and must predominantly feature government. This is a negative perception. d. A number of journalists at the county level are correspondents who may require training on how to address issues of identity in a positive way. To this end, there is need for a policy that will guide the county media on how they will operate. At the moment, the mandate of the media operating at the county level is not clear. e. Future conventions need to include Public Relations and Communication practitioners vs journalists to enrich the discussions and to present the other side of the arguments. f. Citizen journalists and bloggers should also have a forum to speak and be heard in future conventions. g. There are lots of quacks and the Council should continue to streamline this through accreditation. MCK should also advocate for fair remuneration of journalists by talking to media owners on how best to do this. h. MCK should continue monitoring training taking place in middle level colleges because the country cannot achieve press freedom if training is questionable. i. There is need for research to find out what happens to journalists who exit the media industry. At the moment, very little is known about where they are, why they left and what they currently do. This kind of research would not only inform media houses on ways of retaining journalists but would also provide a learning resource for those hoping to pursue a career in journalism.

THE MEDIA OBSERVER | APRIL - JUNE 2014

j. Panelists in subsequent conventions should also be drawn from international news organisations such as CNN, BBC and should have a mix of both the academia and the practicing professionals. Students should also be involved in the deliberations and should be incorporated as panelists in future. k. The composition of the panels was too elitist and did not capture the voices of those from the grassroots. Future conventions should include journalists from the grassroots in the spirit of devolution. The deliberations from these conventions should also be disseminated to the counties. l. The safety and protection of journalists was not discussed at the convention yet this is a key concern for many journalists. It is a recurring problem in the face of terror and cannot be discussed as a one off topic. In this regard, future conventions must strive to incorporate a session on the safety and protection of journalists. m. There is need to have a panel comprising media owners so that they can hear the challenges and concerns of journalists. n. The MCK should launch the League of Veteran Journalists to recognise the work and contributions of veteran journalists. This league can form part of the advisory body of the Council and can also be involved in mentoring young people. o. There are many content producers who can come up with content that enhances development. There is need to pay attention to genres outside of news so as to promote local productions. p. There is need for continued and sustained dialogue so that issues that concern the journalism and media fraternity can be discussed more often. The MCK should have more fora that bring media players together all year round and the convention should just be one such forum. q. The MCK should form a small committee to help in planning the convention next year to avoid the small hitches experienced this year. The work may be too much for the team at MCK but other groups can come in to assist. Students can also be asked to volunteer around this time since most universities are closed just before the convention. At the end of this convention, Dr. Rosemary Kowuor- Nyaole gave a vote of thanks on behalf of the Media Council of Kenya. She appreciated everyone who had spent time at the convention. She also thanked the MC, Dr. George Nyabuga, for running through a tight programme to ensure that the objectives of the convention were realised through the presentation of various speakers. Dr. Kowuor also acknowledged the support of various organisations that had partnered with MCK to make the convention a reality.

Appendix One: Convention Programme 2014 World Press Freedom Day (2nd- 3rd May 2014) Kenyatta International Convention Centre (KICC) Nairobi, Kenya

THEME: Media Freedom for a Better Future: Shaping the Post-2015 Development Agenda DAY 1: 2nd May 2014

Media Freedom, Professionalism and Accountability: Critical Examination of Media’s Role in Construction of Identity, National Security and Development.

8.00 - 8:45

Registration

11:00 - 11:45

Presenters and Panelists

Moderator

Official Opening

9.00 - 10:30 Reflections on the role of mass media in Africa’s Development Agenda

Speaker Prof. Tawana Kupe Deputy Vice Chancellor (Finance, HR and Transformation) Wits University, South Africa Panelists 1. Mr. James Oranga Lecturer, School Journalism and Mass Communication, University of Nairobi 2. Mr. Farayi Madziwa Programme Coordinator, Heinrich Boll Stiftung, South Africa 3. Dr. Fredrick Ogenga Head of Department, Communication, Media & Journalism, Rongo University

11:45 - 13:00

Discussions

13:00 - 14:00

Lunch

14:00 - 14:50

Professionalism and Accountability: Mediating conflict and terror in East Africa

Speaker Dr. George Nyabuga Lecturer, School of Journalism and Mass Communication, University of Nairobi Panelists 1. Hon. Namayanja Rose Nsereko Minister for Information and National Guidance, Uganda 2. Hon. Dr. Fred Matiang’i Cabinet Secretary Ministry of Information Communication and Technology, Kenya 3. Mr. Macharia Gaitho Chairman, Kenya Editors Guild

14:50 - 15:30

Discussions

15:30 - 16:00

Whose narrative? Examining the media’s place in the construction of an African identity.

Speaker Dr. Christopher Kayumba Senior lecturer, School of Journalism and Communication, National University of Rwanda, Rwanda Panelists 1. Mr. Joe Ageyo Managing Editor, Kenya Television Network 2. Mr. Peter Opondo Managing Editor-TV and Radio, Mediamax Networks Limited 3. Mr. Maina Muiruri Managing Editor, People Newpaper

16:00 - 16:30

Discussions

16:30 - 17:00

Health Break

Moderator Prof. Levi Obonyo Dean, School of Communication, Language and Performing Arts, Daystar University

Moderator Prof. Murej Mak’Ochieng Dean, Faculty of Journalism and Communication. Multimedia University

Moderator Mr. Robert Kabushenga Chief Executive Officer, VIsion Group, Uganda

THE MEDIA OBSERVER | APRIL - JUNE 2014 THE MEDIA OBSERVER | APRIL - JUNE 2014

Appendix One: Convention Programme DAY 2: Saturday, 3rd May 2014: 9:00 – 9.50

Media Sphere: Structure, Tensions, Public Media, Information Access and Development in Africa Registration

Presenters and Moderators

Moderator

1. Opening session

Dr. Haron Mwangi Chief Executive Officer, Media Council of Kenya

2. A Report card of a free and Independent media in Kenya’s Development: An Interpretive Political Economy Perspective

Speaker Prof. Levi Obonyo Dean, School of Communication, Language and Performing Arts, Daystar University

Mr. David Makali Media Consultant and Citizen TV Host

Panelists 1. Mr. David Ohito Online Editor, Standard Newspaper 2. Ms. Rachael Nakitare President, International Association of Women in Radio and TV [IAWRT] 3. Dr. Nyakundi Nyamboga Coordinator and Lecturer Communication and Media Studies, Moi University

9.50 - 10:20

Plenary Session

10:20 - 10:40

Coffee/Tea break

10:40 -11:50

Media plurality and diversity: nurturing and fostering democracy, citizen participation and Development in Africa

11.50-12:20

Plenary Session

12:20 – 13:10

Media freedom, freedom of expression and access to information: Opportunities and limitations in consolidating democratic, rule of law and development gains in Africa

13:10 - 13:40

Discussions

13:40 - 14:50

Lunch Break

THE MEDIA OBSERVER | APRIL - JUNE 2014

Group Photo Speaker Prof . Monicah Chibita Associate Professor, Head, Department of Mass Communication, Uganda Christian University Panelists 1. Ms Jane Godia Editor, African Woman and Child Features Services 2. Dr. Wilson Ugangu Lecturer, Multimedia University

Speaker Mr. Henry Maina Director, Article 19 East Africa Panelist 1. Dr. Ken Ramani Lecturer, Mt. Kenya University 2. Ms. Anne Nderi Program Manager, ICJ Kenya 3. Dr. Clayton Peel Senior Lecturer, Communication Daystar University 4. Dr. Wandia Njoya Media Scholar

Dr. Haron Mwangi Chief Executive Officer, Media Council of Kenya

Mr. Haruna Kanaabi Executive Secretary of Independent Media Council of Uganda

Appendix One: Convention Programme 14.50 - 15:40

The media and its message: Constructing a â&#x20AC;&#x2DC;Kenyan Identityâ&#x20AC;&#x2122; in a devolved system

Speaker Dr. Joyce Nyairo Media Scholar Panelists 1. Nancy Booker Chairperson, Journalism and Communication Department, Multimedia University 2. Dr. Mbugua wa Mungai Head of Literature Department, Kenyatta University

15:40 - 16:20 16.45 - 17.30

Discussion

14:20 - 17:00

Mind the gap: Public service Media and Development

Speakers Rosemary Okello- Orlale Programme Officer, Ford Foundation Eastern African office on Advancing Public Service Media Initiative Panelists 1. Dr. Rosemary Kowuor Lecturer Communications, Daystar University 2. Dr. Jacinta Mwende Media Scholar 3. Othieno Nyanjom Indipendent Media Researcher

17:00 - 17:40

Discussion

17:40 - 1800

Recommendations

18:00 - 18:10

Vote of Thanks and Closing

Dr. Muiru Ngugi Associate Director, School of Journalism and Mass Communication, University of Nairobi.

Dr. Christopher Kayumba Senior Lecturer, School of Journalism and Communication, National University of Rwanda, Rwanda Lead Consultant, MGC Consult International Ltd.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Appendix Two Speech by the Chief Executive Officer, Media Council of Kenya, Dr.Haron Mwangi, during the official opening of the Regional Journalists’ Convention at Kicc on 2nd May, 2014 • Your Excellency Uhuru Kenyatta, President and Commander in Chief of the Defence forces of the Republic of Kenya • Dr. Fred Matiang’i, Cabinet Secretary for Information Communications and Technology • Mr. Joseph Tiampati, the Principal Secretary, Ministry of Information, Communications and Technology • Mr. Peter Wakoli, Chairman, Media Council of Kenya, • Members of the Council and Complaint Commissioners • Delegates from Rwanda, Uganda Tanzania, Burundi, Southern Sudan, South Africa, • Other senior government officials, • High Commissioners, Ambassadors, diplomats and Media Council partners present, • Members of the Fourth Estate • All protocols observed. Your Excellency, On behalf of the Media Council of Kenya and the media fraternity in Kenya, I wish to thank you expressly for finding time to grace the East African Journalists’ Convention, which coincides with the World Press Freedom Day to be celebrated tomorrow May 3, 2014. In marking the 2014 World Press Freedom Day, the Media Council of Kenya has planned a series of events including the 3rd Annual Journalism Excellence Awards and the Regional Journalists’ Convention. The awards is a flagship event of the Council, which recognizes excellence in professional journalism in Kenya, placing emphasis on public interest issues and responsible journalism. Your Excellency, The main part of the World Press Freedom Day event is the Convention, to which the Council has invited media professionals and scholars from all counties, Directors of communication from all the Government ministries, community, regional and mainstream media. At regional and continental level, we have media scholars, professionals and practitioners from Tanzania, Rwanda, Burundi, Uganda, South Africa and Zimbabwe. This draws from the Media Council’s involvement in East-Africanization of the media within the regional integration framework. This forum will provide an opportunity to meaningfully engage our counterparts and learn best practices. To create a seamless situation and facilitate easier and quicker movement of journalists within the East African region, the Council has been steadfast in creating and strengthening a functional network between the media councils and professional associations in the region, with an aim of identifying emerging issues and sharing workable strategies, experiences and solutions with regards to media regulation and freedom of expression. We

THE MEDIA OBSERVER | APRIL - JUNE 2014

are asking you your Excellency that you support this initiative within the Framework of the larger regional integration process. Your Excellency, Tomorrow, May 3, 2014 we mark the World Press Freedom Day, an annual event that was established 21 years ago by the United Nations after recommendations from journalists from Africa, who sought recognition of the long struggle for media freedom through a specific date on the UN calendar of events. The celebrations this year focuses on three inter-related themes: 1. The role of media in development 2. Safety of journalists and the rule of law and 3. Integrity of journalism. In Kenya, we chose to focus our discussions in the next two days on specific areas relevant to our country, the region and indeed Africa. • Specifically the discussions will focus on the role of mass media in Africa's Development Agenda, • Mediating conflict and terrorism in East Africa, • Examining the media’s place in the construction of an African identity, • Media plurality and diversity and African narratives • Media freedom, freedom of expression and access to information, • Constructing a ‘Kenyan Identity’ in a devolved system and • The place of public service media and development. Your Excellency, This convention recognizes the media as a major driver of change and reforms in the Kenyan society. It appreciates its central role in socializing the youths and inculcating positive attitudes and behavior and nurturing them to actively transform their lives, engage in gainful employment and become responsible and reliable citizens. This convention is focusing on how best media could reposition itself to play this role emphasizing on the issues of relevant content, professionalism and responsible conduct. Your Excellency, Unlike many other institutions in Kenya that have been going through series of reforms, Media as an industry and one of the drivers of reforms has not been able to address some of the challenges confronting it. Challenges of ownership, content regulation, Professionalism and training, specialized reporting and matters of ethical conduct. Allow me to however state that we are glad and applaud you for assenting to the Media Council Act 2013, which is a very progressive piece of legislation as the starting point towards media reforms in Kenya. Suffice to say that the Act goes a very long way in showing your commitment to the professionalization

Appendix Two of the industry, allow the media to adopt self-regulation approach in holding themselves to account and promote journalism profession. Through this law your Excellency, the Media Councilâ&#x20AC;&#x2122;s mandate and functions have been tightened to be able to facilitate major reforms to address some key concerns about media performance. First, the Media Council of Kenya has power to standardize the training of journalism in Kenya through a national curriculum for middle level colleges, accreditation and inspection of the colleges that offer journalism to ensure adherence to quality training standards and competencies. Secondly, the Council is now the sole self-regulating body for journalists in the country and will keep registers of all practising journalists, journalism training colleges and all media enterprises operating in the country. This is going to facilitate the professionalization of the industry, weed out quacks and ensure strict adherence to the Code of Conduct for the Practice of Journalism. The Complaints Commission has also been strengthened and deals with any professional misconduct and breaches to the code of ethics. The Council now has the opportunity to file complaints at the Commission on any issues of public interest and national concern. Your Excellency, Allow me to however mention that we are still concerned about a number of issues. The delay in enacting the Access to Information and Data Protection laws as provided for by the Constitution has caused concerns amongst the media fraternity in the country.

These two laws are very critical in facilitating journalism practice in the country. Itâ&#x20AC;&#x2122;s only the Access to Information law that would obligate people, especially those holding information on behalf of the public, to release it and equally provide for protection of individual privacy. Secondly, the continued absence of media policy in Kenya is a major challenge and there is disconnect between media law and actual practice on the ground. While the existing public communication policy is an excellent initiative towards enhancing public education in Kenya, media policy is crucial in operationalizing media laws and regulation. Finally, there is the need to revitalize the Pubic Service Broadcaster- KBC, to play its public service role of mediating our culture, educating the public on issues of national importance and fostering national unity. Your Excellency, Allow me to restate that this convention is a product of freedom of expression. It is a product of a progressive society ready to engage even on grounds of diverse opinions and ideas. It is an opportunity for media to discuss how to harness this freedom more responsibly and chart out ways and means of protecting and upholding it for posterity. With those few remarks your Excellency thank you once again for gracing this occasion. May God bless you.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Appendix Three Speech by the President of the Republic of Kenya, H.E. Uhuru Muigai Kenyatta, during the official opening of the Regional Journalists’ Convention at Kicc on 2nd May, 2014 Ladies and Gentlemen of the Press, It has been over two decades since the UN General Assembly resolved to celebrate the fundamental principles of press freedom annually; to take stock of how the press performs its responsibilities; to defend the media from attacks on its independence; and to honour journalists across the world. Kenya takes especial pride in this day, for this concept was born on African soil, and it is a gift from our continent to the rest of the world.

free. The Kenyan journalists of the past were among the heroes of our independence struggle. We remember and honour their contributions today.

The day has been celebrated and honoured at the highest levels of our Government. Last year, it was my pleasure to preside at the opening of this gathering, just as it was my predecessor’s pleasure to open discussion the year before.

Ladies and Gentlemen, The media has been our partner in these battles. But if you are to fight even more effectively than you do now, there must be institutional reform in the industry itself. With the government guaranteeing you the space to operate, it is your responsibility to ensure that you take advantage of this space. That is one reason why you must be trained to the utmost of your ability.

Ladies and Gentlemen, The Windhoek meeting in 1991 at which the idea took shape, and at which our own journalists and editors played a prominent role, accepted that the establishment and encouragement of a free and plural press is essential for democracy and development. In this, they were not alone: many years ago, the Nobel laureate, Amartya Sen, argued powerfully that no democracy with a free press had ever suffered a famine. The Windhoek Declaration envisaged a press liberated from government, political or economic control. Equally, the Declaration stood against monopolies in the media industry, and defended the widest possible distribution of media. These are principles to which my government is committed, and by which it has lived. That is partly because they are themselves principles with which our constitution is familiar. Indeed, my Government has lived up to Articles 33, 34 and 35 of our supreme law. In setting up regulations for the industry, it has been the goal of my government to ensure that the press is unbound by government, but also by private, interests. That is the spirit in which the Media Council of Kenya Act and the Kenya Information and Communication Act of last year were enacted. If our regulations are new, pride in this country’s robust media is old. We have now had more than a century of printed media. The record shows that they have been central actors in the history of our nation. They were there at the beginning, documenting our colonial history. You will recall that the first President of the Republic was a journalist and newspaper editor, whose newspaper was banned by the colonial authorities. And yet, at the height of our struggle for independence, he, and other equally courageous Kenyan journalists and writers, defended with their words and lives the right of our people to be

THE MEDIA OBSERVER | APRIL - JUNE 2014

Our struggle did not end with independence. At the dawn of our freedom, the young nation faced daunting challenges. Our founding fathers pledged themselves to fight a war against poverty, ignorance and disease. It is a war to which we fall heir, and which we must fight as relentlessly as they did.

Another is that Kenya, and Africa, can ill afford journalists who are not qualified, or who do not observe the highest ethical standards, and who do not operate within the law. The very recent experience of our neighbours – experience that is within the memory of most of you here today – teaches us that careless or malicious journalism can destroy a country. There is no room here for absolute freedom of the press. There is no room here for a freedom of the press that does not come with an equal challenge for the media to be responsible. It is your job as journalists to check your facts, and after you have checked, to check again. It is your job as journalists to know what the law requires, and to observe its demands. It is your job always to keep by your side your own code of conduct and to refer to it before your story is written. Where this is not done, where you fail in your duties to yourselves, your profession and your countrymen, then the state must and will defend those who have no other way of protecting themselves. We will understand each other better if I offer examples of what I mean. We appreciate the energy and inventiveness with which you satirise us, most clearly, perhaps, on the XYZ Show and Bulls’ Eye, among others. These have given me pleasure over the years. But the freedom you enjoy has not always been used so well. In recent months, we have seen some deeply disappointing headlines. I will pick two: one claimed that we had spent 100 million shillings on our cabinet retreat, and another claimed that I had secretly and unlawfully extended the term of the Chief of Kenya’s Defence Forces. These stories were wholly without foundation, and had

Appendix Three the potential to harm the public welfare. The falsehoods could have been avoided by a little more diligence and care on your part. I trust you will take the advice to heart. These criticisms are not offered in a spirit of recrimination. We realise that your work is difficult, and that people of goodwill can sometimes disagree about the content of a story. We realise, also, that you are as keen as we are to serve the public interest. But in the instances I have mentioned, you will concede that you fell below the high standard you have already attained. My Government expects that the Media Council, and the Communication Authority, will monitor and remedy your shortcomings in a spirit of fraternal correction. Just as you will accept fair criticism we fall short of our standards, so too should you accept blame to when you fail to hit your mark. Our freedom to act is not unlimited, and neither is yours. I must also urge you remember that you are Africans. This is our country; this is our continent, all of us. In the practice of journalism, our media must recognize that we are first and always African. Our challenge is to tell the African story from our African point of view. This means standing up for and defending African values, and the African experience, giving it expression, giving it a voice, and authenticating it. Kenyan journalists cannot afford and should not write about this country as if they lived on Mars. Our experience in and with the media is still in flux; we must continue to debate the kind of media we have. The time for a robust debate on how the media can contribute to national development, and the evolution of our social values, is now. My Government spends substantial sums to reach Kenyans with basic public-service information on such services as public health. These are matters in which my government would like a closer partnership with the media, the better to improve the lives of our people. We wish to see a situation where the electronic media, in pursuit of its information and educational role, and in keeping faith with its social responsibility, provides free public service announcements to the Kenyan people. There is no reason whatsoever for any Kenyan to remain ignorant of basic public-service information when we have nearly 100 stations broadcasting right across the country. Perhaps every broadcaster might wish to provide two minutes an hour to carry free public service announcements, addressing matters of hygiene in the community, dealing with malaria, or educating the public with respect to our values as outlined in Article 10 of our constitution. Equally, as we struggle with the HIV/AIDS situation in our country, the media would do well to partner with the government by broadcasting, as a service to the public, educational messages on the pandemic. The regulatory authorities should lead us in this debate. But a

basic point to remember is that those who operate frequencies do so on behalf of the public. The public collectively owns those airwaves, and those who benefit from this public service should be seen to serve the ultimate owners of the airwaves. Ladies and Gentlemen, The country has made great efforts to lay down the infrastructure we need to transmit information. Our goal in landing fibre-optic cable at the Coast, and laying it throughout the country, was and remains, to promote the most rapid spread and exploitation of knowledge. That is a single, though prominent, example of the lengths to which we are going to modernize the country’s ICT infrastructure. You know, as well as I do, just how vital this will be, both for our lives now, and for the development of this country. It is this modernization that hastens our growth, which brings the services of both levels of government closer to Kenyans, and which promises to bring our economy to the point of take-off. My Government will continue to modernize and expand the ICT infrastructure, and to improve access and quality of service. Ladies and Gentlemen of the Press, It is your responsibility to deploy this infrastructure – both that which we already have, and that which is to come – for the greatest public benefit. The migration from analogue to digital gives us greater room: room that should be used, in my view, to provide extra information; to provide more diverse information; and to provide far more local content of direct importance to Kenyans. There is no real reason why we cannot feature substantial agricultural information, letting our farmers plan their activities. There is no obvious reason why the abundant information we possess about our environment should not make its way to our screens and radios. There is no clear reason why the wealth of information available on early warning systems for droughts and floods, or on public health, should not be made available to every Kenyan who can read a newspaper, listen to a radio, or watch a TV. Beyond the current obsessions with partisan politics, soap operas, and foreign popular culture, this country’s media will need to find and supply serious, responsible, analytical content that is directly relevant to Kenyans. The digital migration is their opportunity. As that process continues, those who make policy must protect the public’s access to information. Investors in the media industry expect returns from their investment; they may be tempted to limit access to television and radio content to subscribers only. But access to vital information is a basic right, and the media models we adopt must protect this right for our people. Our policies therefore will guarantee that accessing free-to-air broadcasts remain free. Free universal access to quality content will be guaranteed. Ladies and Gentlemen, There is also an urgent need for society itself to reason critically

THE MEDIA OBSERVER | APRIL - JUNE 2014

Appendix Three about the nature of our media. Our parents and teachers, priests and imams, the moral guides of our society, must pay special attention to the media, and let us know when they go wrong, just as they will commend them when they do right. The relevant agencies of my government continue to explore policies that will properly socialize our youth in the use of media, especially new and social media. It will be useful to discuss how we can introduce our youths to media literacy classes at an early level, to let our young people access its opportunities responsibly. And now, Ladies and Gentlemen of the press, as you reflect on your achievements in

the last year, I wish you well. I pledge you greater cooperation, more dialogue, and better access to the workings of government. I invite you to play your watchdog role responsibly, and to inform and entertain us with your usual energy. Above all, work to make this country, and this continent, all that it can be. A very happy World Press Freedom Day to you all. Mungu awabariki na awalinde nyote.

Appendix Four Un Secretary General’s remarks on World Press Freedom Day 2014 Each year on World Press Freedom Day, we reaffirm our commitment to the fundamental freedom to receive and impart information and ideas through any media, regardless of frontiers, enshrined in article 19 of the Universal Declaration of Human Rights. Yet every day of the year sees this right under assault. Journalists are singled out for speaking or writing uncomfortable truths – kidnapped, detained, beaten and sometimes murdered. Such treatment is completely unacceptable in a world ever more reliant on global news outlets and the journalists who serve them. In conflict areas, journalists often wear blue uniforms and helmets so that they can be easily identified and protected against attack. As we know from the UN’s own peacekeeping operations, the colour blue provides no guarantee of safety. Last year 70 journalists were killed, many caught in the crossfire of armed hostilities. Fourteen more have suffered the same fate this year. Last year, 211 journalists were being held in prison. Some 456 journalist have been forced into exile since 2008. And since 1992, well over 1,000 journalists have been killed -- nearly one per week. These are alarming figures. Behind each statistic stands a man or a woman simply going about their lawful business. There must be no impunity for those who target journalists for violence, intimidation or distorted uses of legal procedures to disrupt or impede their work.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Media freedoms must continue to be at the centre of our work to promote security, dignity and prosperity for all. Member States are deep in discussion about the post2015 development agenda. This is a once-in-generation opportunity to steer the world in a more sustainable and equitable direction. Free media, traditional and new, are indispensable for development, democracy and good governance. They can promote transparency about the new goals that Member States will adopt – progress as well as shortfalls. Social media and mobile technologies offer new tools for accelerating citizen participation and economic and social progress. The media’s watchdog function is essential for holding Governments, businesses and others to account. On this World Press Freedom Day, I call on all Governments, societies and individuals to actively defend this fundamental right as critical factors in achieving the Millennium Development Goals and advancing the post2015 development agenda. Freedom of expression, independent media and universal access to knowledge will fortify our efforts to achieve lasting results for people and the planet. Ban Ki-moon

About us

The Media Council of Kenya is an independent national institution established by the Media Council Act 2013 for purposes of setting of media standards and ensuring compliance with those standards as set out in Article 34(5) of the Constitution and for connected purposes.

Council’s Role, Mandate, Functions and Authority The Council draws its mandate and authority from the Media Council Act 2013. Its functions are to: • Promote and protect the freedom and independence of the media; • Prescribe standards of journalists, media practitioners and media enterprises; • Ensure the protection of the rights and privileges of journalists in the performance of their duties; • Promote and enhance ethical and professional standards amongst journalists and media enterprises; • Advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners; • Set standards, in consultation with the relevant training institutions, for professional education and training of journalists; • Develop and regulate ethical and disciplinary standards for journalists, media practitioners and media enterprises; • Accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining of a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine; • Conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation; • Through the Cabinet Secretary, table before Parliament reports on its functions; • Establish media standards and regulate and monitor compliance with the media standards; • Facilitate resolution of disputes between the government and the media and between the public and the media and intra media; • Compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary; • Subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and • Perform such other functions as may be assigned to it under any other written law.

THE MEDIA OBSERVER | APRIL - JUNE 2014

Media Council of Kenya Britam Centre, Ground Floor Mara/Ragati Road Junction, Upper Hill P. O. Box 43132 00100 Nairobi, Kenya Tel: +254 2737058 / 2716265 / 2716266/0727 735252 Email: info@mediacouncil.or.ke Website: www.mediacouncil.or.ke

THE MEDIA OBSERVER | APRIL - JUNE 2014