Annual Report 2010/11

2010/2011 Annual Report & Financial Statements

MEDIA COUNCIL OF KENYA

Promoting press freedom & responsible journalism

www.mediacouncil.or.ke

The Media Council of Kenya is an independent national institution established by the Media Act 2007 as the leading institution in the regulation of media and in the conduct and discipline of journalists. The Council was established in recognition of the fact that media freedom must go together with responsibility.

CONTENTS Core Statements

2

About Us

3

Council Members

5

Chairman’s Statement

9

Chief Executive Officer’s Message

10

Complaints Commission

12

Media Monitoring

15

Training 16 Accreditation 17 Information and Communication Technology

18

Corporate Communications

19

Partnerships and Networking

20

National and International Engagements

21

Pictorial

22 - 23

Financial Statements

25 - 30

Annual Report 2010 /2011

CORE STATEMENTS OUR MANDATE To regulate the media and the conduct and discipline of journalists in accordance with the provisions of the Media Act CAP 411B. OUR VISION A professional and free media accountable to the public.

OUR MISSION To safeguard media freedom, enhance professionalism and arbitrate media disputes.

OUR CORE VALUES The core values together with the mission statement constitute the MCK’s ‘core ideology’.

The core values are briefly discussed below:Integrity The Council will strive to be upright, reliable and honest in its interactions with the public including government, media, journalists, development partners and other stakeholders.

Independence The Council shall operate without any political or other bias or interference and shall be wholly independent and separate from the government,media institutions, any political party, or any nominating authority [Media Act, 2007: Section. 5] Professionalism The Council will approach its mandate and work with the highest degree of professionalism beginning with the nurturing of a strong work ethic among staff, commitment to high work quality, efficiency and achievement of results. To ensure this, the Council will put in place measures for continuous staff learning and improvement.

Transparency and Accountability The Council will conduct its affairs and activities in a transparent manner in keeping with proven recruitment, management and procurement procedures. A record of transactions and activities will be given and made available to all Council stakeholders through publication of an Annual Report.

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Annual Report 2010 /2011

ABOUT US The Media Council of Kenya is an independent national institution established by the Media Act 2007 (CAP 411B), hereinafter referred to as the Media Act, as the leading institution in the regulation of media and in the conduct and discipline of journalists. The Media Council of Kenya is composed of representatives from the following Media stakeholders: •

Media Owners Association

•

Kenya Union of Journalists

•

Kenya Editors Guild

•

Public Relations Society of Kenya

•

Kenya Correspondents’ Association

•

Law Society of Kenya

•

Kenya News Agency

•

Kenya Institute of Mass Communications

•

Public & Private Universities

There are 13 Council members representing the above entities.

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MANDATE OF MEDIA COUNCIL The Council draws its mandate and authority from the Media Act 2007as outlined below:1.

Mediate or arbitrate in disputes between the government and the media, between the public and the media and intra-media.

2.

Promote and protect freedom and independence of the media.

3.

Promote high professional standards amongst journalists.

4.

Enhance professional collaboration among media practitioners.

5.

Promote ethical standards among journalists and in the media.

6.

Ensure the protection of the rights and privileges of journalists in the performance of their duties.

7.

Advise the government or the relevant authority on matters pertaining to professional, education and the training of journalists and other media practitioners.

8.

Make recommendations on the employment criteria for journalists.

9.

Uphold and maintain the ethics and discipline of journalists.

10. Compile and maintain a register of journalists, media practitioners, media enterprises and such other related registers.

11. Conduct an annual review of the performance and the general opinion of the media, and publish the results.

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COUNCIL MEMBERS Dr Levi Obonyo He is the current Chairman of the Council. He represents private media training institutions of higher learning at the Council. He is the chairman of the Communications Department at Daystar University where he teaches and supervises both undergraduate and postgraduate students.

Ms Sarah Nkatha She represents the Kenya Union of Journalists (KUJ) at the Council. She is the Vice Chairperson of the Media Council and a member of the Finance and Administration Committee of the Council.

Mr Hiram Mucheke He is the Principal of the Kenya Institute of Mass Communication. He represents middle level media training institutions at the Council and is the Chair of the Finance and Administration Committee of the Council. He has worked at the Kenya Broadcasting Corporation as Editor-in-Chief.

Dr Wambui Kiai She is the Director of the School of Journalism and Mass Communication at the University of Nairobi. She represents public media institutions of higher learning and is the chairperson of the Training and Accreditation Committee of the Council.

Mr Ezekiel Mutua He is the Information Secretary of the Republic of Kenya. He is a member of the Training and Accreditation Committee of the Council. He has previously worked as the Director of Information and Public Communications as well as the Secretary-General, Kenya Union of Journalists (KUJ).

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COUNCIL MEMBERS Mr Peter Mutie He is the Chief Executive Officer at Kenya Film Commission. He represents the Public Relations Society of Kenya at the Council and is the chair of the Ethics and Public Information Committee of the Council. He has also worked as Head, Communications at the National Aids Control Council (NACC).

Mr Okong’o Omogeni He is an advocate of the High Court of Kenya and a former Chair of the LSK. He represents the Law Society of Kenya (LSK) at the Council and is a member of the Ethics and Public Information Committee of the Council.

Mr Linus Gitahi He is the Chief Executive Officer of the Nation Media Group. He represents the Media Owners Association at the Council and is also a member of the Finance and Administration Committee of the Council.

Mrs Nelly Matheka She is the Director Legal and Human Resource at the Standard Media Group. She represents the Media Owners Association (MOA) at the Council and is a member of the Training and Accreditation Committee of the Council.

Mr Eric Orina He represents the Kenya Union of Journalists at the Council. He is a veteran Kenyan journalist, having worked at the Nation Media Group amongst other media outlets.

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COUNCIL MEMBERS Mr Kiprono Kittony He is the chairman of the Radio Africa Group. He represents the Media Owners Association (MOA) at the Council and is a member of the Ethics and Public Information Committee of the Council.

Mr William Janak He is the Chairman of KCA and the Regional Coordinator for Media Freedom, Advocacy and Research at the Eastern Africa Journalists Association (EAJA). He represents the Kenya Correspondents Association (KCA) at the Council and is a member of the Training and Accreditation Committee of the Council

Mr Joseph Odindo He is the Editorial Director of the Nation Media Group. He represents the Kenya Editors Guild at the Council and is also a member of the Ethics and Public Information Committee of the Council as well as the Chair of the Editorial Board of the Council’s quarterly magazine, “The Media Observer”.

Mr Haron Mwangi He is the Chief Executive Officer of Media Council of Kenya. By virtue of his position, he is also the Secretary to the Council

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COMPLAINTS COMMISSIONERS Ms Nancy Baraza She is the chairperson of the Commission. She is the Deputy Chief Justice and vicepresident of the Supreme Court of the Republic of Kenya.

Prof Murej Mak’Ochieng He is the Dean, Faculty of Media and Communication, Multimedia University College and a member of the Commission.

Mr Peter Mwaura He is the head of the Communications department at Kenya Methodist University. He is a veteran journalist and communications expert and has published several books and papers on communication policy in Kenya.

Ms Fatuma Hirsi Mohammed She is the current Vice-President of the East Africa Public Relations Association and former chair of the Public Relations Society of Kenya.

Ms Priscilla Nyokabi Kanyua She is an advocate of the High Court Kenya and is the current Executive Director of Kituo cha Sheria, She is also Deputy Presiding Officer (East Africa) Economic Social and Cultural Rights Council (Civil Society Permanent Assembly of African Union.

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CHAIRMAN’S STATEMENT The Media Council of Kenya has made tremendous strides towards achieving its mandate. Kenya’s media remains one of the most vibrant not only in the region but across the continent. Such vibrancy comes with its own challenges. However, the media has remained the foremost public watchdog and opinion shaper in a number of socio-economic and political issues. We note that there has been commendable adherence to the Code of Conduct for the Practice of Journalism in Kenya as enshrined in the Media Act 2007, save for a few breaches by certain media outlets, but which have been adequately addressed.

In the period under review, the Council has recorded success in its key areas including Media Monitoring, Training, Accreditation and Arbitration. Among other achievements, the Council has diligently undertaken its functions, including mediating in disputes between the government and the media, between the public and the media as well as within the media industry itself. This has been achieved through the Council’s Complaints Commission that has been vibrant in handling media-related disputes. We have also enhanced professional collaboration among media practitioners in a bid to bring together key media stakeholders in addressing the challenges faced by the industry.

The Council established a Media Monitoring Unit in January 2011. The department has been monitoring various media output using the Code of Conduct for the Practice of Journalism as a benchmark to gauge the performance of the media.

The Council continues to undertake training of journalists in different fields. It has forged working relationships with a number of development partners in a bid to address the training needs of the Kenyan media. Specifically, the Council is collaborating with the United Nations Development Programme (UNDP) under the ‘Communications for Development’, project which aims at improving journalist’s professional skills on development reporting. Another notable partner on training and media monitoring is the German Agency for International Cooperation (GIZ).

With regards to institutional growth, the Council has expanded its operations in line with its Strategic Plan. We have recruited professionals to manage the various departments including Finance, Media Monitoring and Training, Complaints, Communications, Accreditation, Procurement and Information Technology. This has enabled efficient service delivery to the public.

Dr Levi Obonyo Chairman, Media Council of Kenya

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CHIEF EXECUTIVE OFFICER’S MESSAGE The Media Council of Kenya is a statutory body established in October 2007 by the Media Act, 2007 as the leading institution in the regulation of media, conduct and discipline of journalists. As required by the constitutive Act, the Council has developed this annual report to highlight some of the key activities it undertook in the 2010 - 2011 financial year.

The report comes against a backdrop of major developments in the media industry in Kenya. With a new Constitution in place, media practice acquired new dimensions. While media is free and there is multiplicity of media outlets in Kenya, and while access to independent and diverse media outlets is essential to our democracy, this has not translated into more informative citizenry. Media has become so commercial, simplistic and treated Kenyan as purely consumers as opposed to citizens and voters.

MCK had to rise to the occasion to meet its objectives as required by the Media Act. There were increased activities for the Complaints Commission to listen to and dispense or arbitrate on the increasing number of complaints before it. The Council also stepped up the accreditation process, scaled up the training activities and outreach programmes as a response to the new challenges. The Media Monitoring Unit has been strengthened to meet the growing needs on ensuring adherence to the Code of Conduct for the Practice of Journalism in Kenya, while other measures have included improving the financial and procurement procedures to ensure accountability and transparency in the use of public resources.

The Council has embarked on an aggressive networking program to not only increase its visibility and influence among stakeholders, but also to expand its funding base which are critical in ensuring that the MCK meets its strategic goals.

We have cemented old partnerships while at the same time reaching out to new partners including creating working relationships with key institutions in the country.

MCK remains committed to our mandate of regulating the media and promoting ethical conduct and discipline of journalists. This will go a long way in furthering the cause of free and independent media in attainment of Vision 2030 by creating an issue based, people-centred, result oriented, and accountable, democratic and political system.

Haron Mwangi Chief Executive Officer & Secretary to the Council

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OUR PROGRAMMES Media Monitoring

independent organ of the Council.

Among the key functions of the Media Council are to promote high professional and ethical standards amongst journalists and in the media.

Media Literacy

The Council’s Media Monitoring Department assesses the performance of different media outlets in the country against the Code of Conduct for the Practice of Journalism as entrenched in the Second Schedule of the Media Act 2007.

Training In pursuit of its mandate of promoting high professional standards amongst journalists, the Media Council conducts trainings for media practitioners in a number of areas including: the Code of Conduct for the Practice of Journalism, election coverage, the constitution implementation process, conflict sensitive reporting and electoral law, protection and safety of journalists and investigative reporting among others. The trainings also aim at promoting professional and ethical standards among journalists.

Communication for Development (C4D) Trainings The Media Council of Kenya in partnership with the United Nations Development Programme (UNDP) conducts the Communications for Development Programme. The programme aims at improving the journalists’ professional skills on development reporting.

Accreditation Accreditation is a yearly process undertaken to register all local journalists practicing in Kenya. This process also facilitates the authentication of genuine journalists from the “quacks”. It also fulfils the Council’s mandate to compile and maintain a register of journalists, media practitioners, media enterprises and such other related registers.

The Council seeks to educate the public on media and its performance through such platforms as Public Forums, media round tables as well as through its publications for instance the Media Observer magazine, newspaper supplements and publications on media related issues.

Media Excellence Awards In a bid to enhance professionalism, the Council seeks to identify, acknowledge, inspire, support and promote media excellence in Kenya through annual media awards.

Medial Law and Policy Review The Council engages with stakeholders to review media laws and policies to ensure they meet international standards and create a media sphere condusive for media liberty.

Standardisation of Curriculum for Middle level Colleges The Council is spearheading the harmonisation of the curriculum for middle-level training institutions in a bid to enhance professionalism.

Arbitration of Media Disputes One of the Council’s core functions is to mediate or arbitrate in disputes between the Government and the media, the public and the media and intra-media. This is undertaken by the Complaints Commission which is an

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COMPLAINTS COMMISSION The Complaints Commission of the Media Council is established under section 23 of the Media Act 2007, with the mandates to arbitrate in disputes between (a) Public and the Media (b) Government and media (c) Intramedia disputes. The Commission is made up of seasoned lawyers and communications professionals drawn from Kenya. They are appointed by the Council, but are not members of the Council. The arbitration service is provided free of charge and is independent of the Media and Government.

SUMMARY FOR THE PERIOD JUNE 2010 – JULY 2011 For the period June 2010 – July 2011, a total of 34 complaints were instituted with the Council. Of these, 3 complaints were by the Press against Government authorities for violation of press freedom and 31 complaints were directed against the press for breach of journalistic ethics. With 66 matters pending from the previous year, there were a total of 100 matters for disposal by the Complaints Commission.

Classification and disposal The complaints were classified and disposed off as follows, (a) Abandoned 42 (b) Dismissed

30 (c) Withdrawn 4 (e) Conciliated 3 (f) Hearings 2 (g) Pending judgments 7 (i) Concluded judgments 2 TOTAL

102

Conciliated Complaints These complaints were resolved when upon contact by the Complaints Commission, the respondents offered to settle directly with the complainants.

• Danson Buya Mungatana vs. Nation Television and Robert Nagila MCK/Comp/053/09 • Jamia Mosque Committee vs. Hot 96 MCK/ Comp/063/09 ( via private letter of apology )

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Resolved Complaints Chris Murungaru versus the Nation Media Group (MCK/ Comp/068/09 Dr Chris Murungaru had complained about a story, aired by the Nation Television on the 8th of February 2009. In the story, reporter Robert Nagila had stated, “Interestingly a former internal security minister who has been facing a legal battle over the scandal, Dr. Chris Murungaru, has alleged President Kibaki was kept informed of every step of the Anglo-Leasing deal before making an about turn.”

The Commission, however, established that Dr Murungaru was not facing a legal battle over the Anglo-Leasing scandal. The Commission further established that he did not make the claims about Kibaki as earlier alluded.

The Commission ordered NTV to retract the story and apologize to Dr Murungaru. NTV made a public apology during their 9 O’clock news bulletin of 23rd March 2011.

Jamia Mosque Committee versus the Kenya Times MCK/ Comp/080/010 The Jamia mosque had complained that an article published in the Sunday Times titled “In the name of Allah” was inaccurate, false, biased and misleading. They further submitted that the said article amounted to hate speech against the Muslim community. The respondents did not file a response nor did honour the summons, thus the Commission heard the matter exparte. On the 10th of April 2011 the Commission ordered the respondents to apologise to the complainant within 30 days from the date of the decision.

Hearings Peter Mbuthia Gachuhi versus the Daily Nation MCK/ Comp/083/2010 Mr Mbuthia complained that an article written by Mr Macharia Gaitho and published in the Daily Nation of 20th April, 2010, was inaccurate and inflammatory, in breach of article 1 a (Accuracy and Fairness) of Schedule 2 of the Media Act 2007 (The Code of Conduct for the Practice of Journalism). In its reply the Daily Nation stated the story was a fair commentary on an issue of immense public interest. It further stated that the complaint was an attempt to muzzle the freedom of expression and should therefore be dismissed.

Annual Report 2010 /2011

L .G Kamweti Versus Nation Media Group MCK/ Comp/084/2010 Mr Kamweti complained that two articles written by Mr Jaindi Kisero, published in the Daily Nation of 20th April 2010 and the second one published in The East African of 19-25 April 2010 were inaccurate and misleading in breach of Article 1 (Accuracy and Fairness) of the Code.

In response to the above Complaint, the Daily Nation stated that the articles were accurate and fair, and that the complainant is not entitled to the reliefs sought.

Nazlin Fazaldin Umar Rajput versus the Nation Media Group, MCK/Comps/085/2010 Ms Nazlin complained that the Nation Media Group (NMG) and its subsidiaries have exhibited a systematic pattern of inaccurate, unfair, biased and discriminatory coverage against her in breach of article 1(Accuracy and Fairness) and has further denied her the opportunity to reply in breach of Article 5 (Right of Reply) of the Code.

In response NMG stated that the complaint was too generalised, devoid of any justifiable particulars, and should therefore be dismissed. This matter was stood over generally at the request of the Complainant.

Nazlin Fazaldin Umar Rajput versus the Standard Group, MCK/Comp/086/2010 Ms Nazlin complained that a news item aired by Kenya Television Network on the evenings of 11th to 12th July 2009, touching on her arrest and her life in general, was inaccurate, biased and sensational in breach of article 1 (Accuracy and Fairness). She further complained that the Standard Group have denied her the right of reply in breach of article 5 (Right of Reply) of the Code. The respondents have refused and or neglected to respond to the complaint and notice despite reminders to do so.

This matter was stood over generally at the request of the Complainant.

Nazlin Fazaldin Umar Rajput versus the Star MCK /Comp/ 087/2010 Ms Nazlin complained that an article titled “Nazlin losses bid for 3 Range Rovers” published in the Star Newspaper of 26th September 2009 was inaccurate false and biased in breach of article 1 (Accuracy and Fairness) and that despite concerted efforts to have this matter corrected, the Star Newspaper has denied her the opportunity to reply in breach of article 5 (Right of Reply) of the Code.

In response the Star states that the story was accurate fair

and in fact true. This matter has been stood over generally at the request of the Complainant.

Nazlin Fazaldin Umar Rajput Versus K24 television, MCK/ Comp/088/2010 Ms Nazlin complained that the respondents have exhibited a systematic pattern of inaccurate and biased reporting about her, and that they have denied her coverage, and that despite her efforts to address this she has not been granted audience nor a right of reply in breach of article in breach of article 1 (Accuracy and Fairness) and 5 (Right of Reply) of the Code. The respondents insist that the stories published regarding the complainant were all accurate, fair, and matter of public interest and that the complainant is not entitled to the reliefs sought. The complainant has requested that this matter be stood over generally.

Esther Passaris versus Weekly Citizen, MCK Comp/089/2010 Ms Passaris complained to the Council that two articles headlined “Hard times for Advertising Diva Passaris” and ‘’Passaris Under Siege’’ respectively published in the Weekly Citizen of 2nd – 8th August and that of 9th -15thAugust 2010 were inaccurate, obscene and sexist in breach of articles: 1 (Accuracy and Fairness), 9 (Obscenity, Taste and Tone in Reporting) and 15 (Sex Discrimination) of the Code. The Weekly Citizen has maintained that the stories were factual and did not offend any Articles of the Code and would put the complainant to strict proof thereof. This matter has been partly heard.

Miguna Miguna Versus the Standard Group et al, MCK/ Comp/90/2010 Mr Miguna complained that an article headlined “Why won’t Miguna let sleeping volcanoes lie” written by Runji Wa Mbeu, and published in the Standard Newspaper of 29th July 2010, was inaccurate, misleading, and inflammatory in breach of articles: 1 (Accuracy and Fairness), 11 (Covering Ethnic, Religious and Sectarian conflict) of the Code. This matter has been partly heard.

Aids law Project versus Classic 105 FM and Ciku Muiruri, MCK/Comp/91/2010 The Aids law Project complained to the Council that on 21st October 2010 and subsequently thereafter in their breakfast show and on their Facebook page, the first and second respondents broadcast an item that purported to

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disclose the HIV and AIDS status of an alleged cheating spouse in a manner that was inaccurate and misleading in breach of article 1 (Accuracy and Fairness) of the Code.

The respondent replied maintaining their position and insists that the complaint should be dismissed for lack of locus. This matter has been partly heard.

Aids law Project Versus Nation Media Group and Kwamchetsi Makokha MCK /Comp/92/2010 The complainant petitioned the Council about an article titled “Thou shall not lie with mankind as thou would with Womankind” authored by Kwamchetsi Makokha and published by the Daily Nation saying the article, was inaccurate, unfair and biased in breach of article 1 (Accuracy and Fairness) of the Code. The respondents deny the accusation and further state that the complainants misapprehended the context of the article, and such the complaint should be dismissed. This matter awaits hearing.

Martin Mutisya Muthengi versus the Standard Group MCK /Comp/93/2010 The complainant reported to the Media Council that an article titled “Nock Looses Millions in Sweet Heart Deal” which appeared in the Standard Newspaper of 10th August 2010 written by Kenneth Kwama was inaccurate misleading and biased. He wanted an apology and clarification. The matter went to full hearing and Judgment will be delivered on notice.

Miguna Miguna Versus the Nairobi Law Monthly et al MCK/Comp/94/2010 Mr Miguna Miguna complained to the Council that a story titled ‘’Miguna looses it again’’ published in the Nairobi Law Monthly magazine of October 2010 was misleading, inaccurate and biased in breach of 1 (Accuracy and Fairness), of the Code. This matter was heard by the Commission but, the respondents were barred from the proceedings on account of failing to respond to the Commissions’ notification within the stipulated 14 days.

The judgment will be delivered on notice.

Ambassador Francis Muthaura Versus the Standard Group et al MCK/Comp/1/2011 Ambassador Muthaura had complained to the Council that an article titled ‘’Kenya plot to oust the ICC’’, was inaccurate, misleading and false, in breach of article 1

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(Accuracy and Fairness) of the Code. This matter was heard by the Commission where in indeed it emerged that the author of the story did not have any sources and the said think tank did not exist, the respondents offered to apologise to the complainant. It was mutually agreed with the commission’s oversight that the complainant’s advocate would draft an apology for publication by the respondent. The respondents failed to do so as such the matter went to full hearing. Judgment will be delivered on notice.

Media Council of Kenya Versus the Star et al MCK/ Comp/02/2011 The Council complained to the Commission that an article titled ‘’police swoop in to Muliro Gardens to Stop Sex Party’’, was accompanied by obscene, vulgar and abhorrent photos in breach of article 9 (Obscenity, Taste and Tone in Reporting) of the Code. The respondents contend that the issue was a matter of public debate and was not in breach of the Code.

Martha Karua versus Radio Citizen MCK/Comp/06/2011 Honourable Martha Karua complained to the Council that the respondents in their “Yaliyotokea” programme of Wednesday 2nd March 2011 evening and 3rd March 2011 morning broadcast a commentary that referred to the complainant in a manner that was inaccurate, misleading, biased and sexist in breach of Articles 1 (Accuracy and Fairness) and 15 (Sexual Discrimination) of the Code.

Upon contact by the Commission the respondents offered to apologise and retract the story in manner she chooses. She is yet to respond to the proposal.

Cyrus Jirongo versus the Star and Caroline Mutoko MCK/ Comp/03/2011 The petitioner complained to the Council that an article titled “Kenyans Beware, YK92 is back” authored by the 2nd respondent published in the Star Newspaper of 24th May 2010 under the direct knowledge and authority of the 1st respondent, referred to the complainant in manner that was inaccurate, misleading, biased and inflammatory in breach of Article 1 (a, d, e, i,) (Accuracy and Fairness) of the Code. The respondents aver that their story was factual and did not offend the Code. This matter has been partly heard.

Annual Report 2010 /2011

MEDIA MONITORING The Media Monitoring Unit started it official operations in January 2011. The department has been monitoring various media outputs using the Code of Conduct as is entrenched in the Media Act 2007. Media content is monitored, analyzed and examined in light of the Code of Conduct and its adherence to it. During the monitoring period, the department retained some of the monitored stations for further analysis as a result of a continued breaching of the Code of Conduct for the Practice of Journalism.

The Media Monitoring Department informs the training department by providing feedback on the status of reporting and coverage of stories.

The Department other than their usual media monitoring have undertaken a new approach to presenting their media monitoring reports. Previously, the department started out with qualitative reports that would be presented in a continuous prose format. The department then decided to take it to the next level and adopted their reports with quantitative data analysis methodology to easily make comparisons with the media outlets monitored at a particular time.

The monitors went through SPSS/Excel training in May 2011 and are now in the process of incorporating what they learnt into their everyday monitoring. The following

media were monitored: Print:

Daily Nation, The Standard, The Star, The People, Taifa Leo (National News, Provincial/County News, Opinion Pieces)

TV:

Citizen TV, NTV, KTN, KBC, K24 (News Bulletins 1.00 PM / 9.00 PM)

Radio:

Classic FM, Kiss 100, Citizen Radio, KBC Kiswahili, Ghetto Radio (Breakfast Shows 8.00 – 10.00 AM)

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TRAINING A number of trainings were conducted since November 2010. These were:A joint training with German Development Service (DED) was held for journalists in Nakuru between 15th and 18th November, 2010 on the ‘the new constitution: its challenges and the opportunities it offers to the media’.

In December 2010, the Council’s newly recruited employees attended an induction training between 14th to 17th December, 2010. The new employees who included Media Monitors were taken through the mandate of the Media Council, how to critically monitor the media and check for press freedom issues in the process.

In February 2011, the Council partnered with UNDP and the Ministry of Environment and Mineral Resources under the umbrella of a program on climate change dubbed African Adaptation Programme to create awareness on the need to have more coverage on climate change issues in the media. A meeting with Editors was held in Nairobi.

The Council in partnership with the UNDP and Ministry of Information and Communications among other players embarked on the remaining activities under the ‘communication for development project.’ An editors’ training was held in Naivasha on constitutional implementation.

The Council also held trainings on the theme ‘The Constitution: how media and its role in Constitutional Implementation for journalists/reporters and correspondents based in Eldoret, Kakamega, Kisumu and Kisii. Topics covered included; Constitutional Implementation, The ICC Process, National Integration and Hate speech, The Bill of Rights and the Constitution, Code of Conduct and Investigative journalism. The training ran from the 15th to 18th June, 2011.

The Communication for Development training conducted by the Media Council of Kenya in Naivasha in May 2011.

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ACCREDITATION The Media Council of Kenya undertakes an annual registration of all journalists practicing in Kenya. This process also facilitates the authentication of genuine journalists from the “quacks�. One of its main aims is to improve professionalism among journalists as it ensures that all accredited journalists have the right skills to carry out their duties in a professional manner as required by the Code of Conduct for the Practice of Journalism in Kenya.

Compliance The current compliance rate to Accreditation is 16% (based on an estimation of approximately 3,500 active local journalists).

Income Generation During the 2008/2009, 2009/2010 and 2010/2011 financial years, accreditation has generated an income of approximately Ksh 1.4m, 1.8m and 1.2m respectively. If 90-100% Compliance is reached the Council is able to raise approximately more than Ksh. 10 million shilling yearly i.e. local journalists and students.

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INFORMATION AND COMMUNICATION TECHNOLOGY The Media Council of Kenya heavily relies on Information and Communication Technology as the infrastructural backbone of the organization.

During the period under review, the Department undertook modernization of infrastructure and conversion of some of its operations from manual to digital platforms. These include lodging of complaints, installation of intelligent PABX System, Servers, Internet Protocol (IP) CCTV, procuring a Media Monitoring System amongst others. The acquisition was planned to coincide with the relocation of MCK offices to Britak Centre, Upper Hill. The new office has a robust structured cabling to cater for both networking and telecommunications requirements.

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CORPORATE COMMUNICATION The Council continued to work with the media in disseminating information through press briefings, press releases, media interview (on both print and electronic media) as well as placement of adverts and supplements in the print media.

The close collaboration with the media was aimed at informing the public on the Council’s activities, exposing breaches on the Code of Conduct for the Practice of Journalism in Kenya as enshrined in the Second Schedule of the Media Act 2007. It also sought to highlight diverse cases of press freedom and responsible journalism as well as restoring other Media Council programs and activities.

The Council also used its website and main interactive social networking sites (Facebook, Twitter and Picasa) to communicate with its audiences, reach out to the public and to disseminate information.

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PARTNERSHIPS AND NETWORKING The Council continued forging working relationships with players in the media and government in efforts to realize its objectives. Meetings were held with a number of stakeholders including the National Cohesion and Integration Commission (NCIC), Internews and other media training institutions in a bid to standardise the training of journalists as well as enhancing media monitoring (with emphasis on vernacular/ community/ religious media). Additionally, the Media Council of Kenya continued being the Media Sector convener for the implementation of the National Anti-Corruption Plan (NACP).

DEVELOPMENT PARTNERS In the reporting period, the Media Council of Kenya collaborated with a number of organisations and agencies in pursuit of its mandate. Among the key partners were United Nations Educational Scientific and Cultural Organization (UNESCO), the United Nations Development Programme (UNDP), Ford Foundation and the German Agency for International Cooperation (GIZ). The Council is collaborating with UNDP under the ‘Communications for Development’, project which aims at improving the journalist’s professional skills on development reporting. Another notable partner on training and media monitoring is the German Agency for International Cooperation (GIZ). As part of this partnership, a technical adviser has been seconded by the German Civil Peace Service and GIZ to support MCK in the field of media monitoring and journalism training. The cooperation aimed at upscaling the national cohesion and integration initiatives through strengthening the role of media, training media houses and journalists on the Code of Conduct, conflict sensitive reporting and responsible election coverage and providing continuous information on media performance in Kenya. Among the activities conducted in 2011 included the setting up of a Media Monitoring Department and training of the five Media Monitors. UNESCO collaborated with the Media Council of Kenya on a number of meetings meant to enhance the capacity of media practitioners, including the World Press Freedom Day celebrations held on 3rd May 2011.

The Ford Foundation also supported a number of activities of the Media Council of Kenya including: Research and publication where the Media Council of Kenya has been carrying out a project aimed at informing the media about issues that affect the media profession in Kenya and regionally. Specifically, this was achieved through the publication of a professional quarterly magazine entitled “The Media Observer”, where research into media trends is done and published in the magazine.

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NATIONAL AND INTERNATIONAL ENGAGEMENTS International World Press Freedom Day (May 3 2011)

The Media Council of Kenya joined the world in celebrating the World Press Freedom Day held annually on 3rd May. The Council, together with a number of partners, including the United Nations Educational Scientific and Cultural Organization (UNESCO) , UNDP, Media Owners Association and African Women and Child Features Services commemorated the day in Nairobi under the theme 21st Century Media: New Frontiers, New Barriers. The Council sponsored a dinner to mark the close of the celebrations.

National During the period under review, discussions on the Media Bill 2010 gained momentum, with the Media Council of Kenya as the convener of the Stakeholders. The final proposals on the draft were forwarded to the Ministry of Information and Communications for drafting of the final Bill.

Transitions In the period under review, two members of the Council left the Media Council of Kenya. Three new members joined the Council. On staff changes, the Executive Director left in December 2010 while another staffer left in January 2011.

Eleven new staff members joined the Council as well as a Technical Advisor from the German Agency for International Cooperation (GIZ). The Secretariat had 15 staff members during the reporting period.

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Pictorial Farewell for Council Members and outgoing Executive Director of the Media Council Esther Kamweru on 11 April 2011 at the Hilton Hotel.

1 New MCK Chair Dr. Levi Obonyo at the farewell dinner for outgoing council members.

2 Outgoing Chairman Wachira Waruru.

3

4

Outgoing Executive Director Esther Kamweru.

5 New MCK Vice Chairperson Miss Sarah Nkatha gives a word to the outgoing members.

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6 [From left to right] New MCK Deputy Chairperson Miss Sarah Nkatha, outgoing Chair Mr wachira Waruru and Council Member Mr Kiprono Kittony.

Annual Report 2010 /2011

Pictorial

6

7

8

6, 7, 8, 9, Naivasha Communication for Development training in May 2011.

9

Media Bill stakeholders meeting at Nairobi Safari Club in March 2011.

10

11

10, 11, Media Council of Kenya and Internews Roundtable in Nairobi June 2011.

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FINANCIAL REPORT CORPORATE INFORMATION The Media Council of Kenya was registered and operates as a corporate body under the Media Act (Cap 411B) on 1st October, 2007.

Council Members Dr. Levi Obonyo Ms. Sarah Nkatha Mr. Linus Gitahi Mr. Kiprono Kittony Mr. Okongo Omogeni Mr. Peter Mutie Dr. Wambui Kiai Mr. Hiram Mucheke Mr. Eric Orina Mrs. Nelly Matheka Mr. Joseph Odindo Mr. William Oloo Mr. Ezekiel Mutua Secretariat Mr.Haron Mwangi - Chief Executive Officer (Appointed on 2 June 2011) Ms. Esther Kamweru - Executive Director (Retired January 2011) Bankers Standard Chartered Bank Kenya Limited Kenyatta Avenue Branch P.O. Box 30001 - 00100 Nairobi Auditors Auditor-General Anniversary Towers P.O. Box 30084-00100 Nairobi Registered Office and Principal Place of Business Media Council of Kenya Nairobi Baptist Church Court Off Ngong Road P.O. Box 43132 - 00100 Nairobi

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REPORT OF THE COUNCIL The Council members have the pleasure in presenting their report together with the audited financial statements of the Council for the year ended 30 June 2011.

PRINCIPAL ACTIVITY

The Council is a non profit and non political media organization that provides self regulation for the media industry and education to public, government and media practitioners. It also carries out research on media practice in the country.

AUDITORS The Auditor-General is responsible for the statutory audit of the Council’s books of account by virtue of Kenya Government funding of the Council activities.

APPROVAL OF FINANCIAL STATEMENTS The Financial Statements were approved for issue at a meeting of the Council held on 3rd November 2011.

BY ORDER OF THE COUNCIL

SECRETARY

DATE 3rd November 2011.

The Council members have committed themselves to the service of the Council and to uphold the tenets of good corporate governance by being responsible, transparent, accountable, efficient, effective, persons of integrity and exercise fairness in all their dealings.

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Annual Report 2010 /2011

Board The Board consists of thirteen non-executive Council members and an Executive Director.

The thirteen members are appointed by the Media Owners Association, Kenya Union of Journalists, Law Society of Kenya, Editor’s Guild of Kenya, and Schools of Journalism of recognized universities, Kenya Correspondents Association, Public Relations Society of Kenya, Kenya Institute of Mass Communication and the Kenya News Agency as stipulated in the Media Act 2007.

The Council members posses a broad range of skills, qualifications and experiences required to direct the affairs of the Council.

Board Responsibilities

The independence of the Council’s board from its corporate management is ensured by the separation of the functions of the Chairman and the Chief Executive Officer and a clear definition of their responsibilities. This helps in achieving an appropriate balance of power, increased accountability and improved capacity for decision making, independent of the management.

The Board is accountable to the stakeholders and retains ultimate responsibility for the Council’s performance.

It takes on the primary responsibility of determining the Council’s vision, mission, and values; deciding its strategic objectives and key elements of the governance processes underpinning the operation of the Council. The Board retains full and effective control over the Council by monitoring the management in its implementation of Board plans and strategies, review of management accounts, and major capital expenditure.

The Board of Directors exercises diligence in carrying out its role, with emphasis on strategic issues and policy matters.

On a quarterly basis, Board evaluates an operational report from the Chief Executive Officer which includes management accounts for the past quarter, reports from each Board committee; specific proposals for capital expenditure and acquisitions; as well as strategic opportunities for the Council.

Board Committees

The Board committees facilitate decision-making to assist the Board in the execution of its duties, powers and authority.

However, delegation of authority to the committees does not in any way mitigate the discharge by the Board of its duties and responsibilities.

The Board has set up three Committees which draw its membership from the Council members. The three include: · Finance and Administration Committee · Training and Accreditation Committee · Ethics and Public Information Committee

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STATEMENT OF COUNCIL MEMBERS’ RESPONSIBILITIES The Media Act 2007 requires the Council to prepare financial statements for each financial year that give a true and fair view of the state of affairs of the Council as at the end of the financial year and of the operating results of the Council for that year. It also requires the Council members to ensure the Council keeps proper accounting records that disclose with reasonable accuracy, the financial position of the Council. They are also responsible for safeguarding the assets of the Council.

The Council members accept responsibility for the annual financial statements, which have been prepared using appropriate accounting policies supported by reasonable and prudent judgements and estimates, in conformity with International Financial Reporting Standards. The Trustees are of the opinion that the Financial Statements give a true and fair view of the state of financial affairs of the Council and of its operating results.

The Council members further accept responsibility for the maintenance of accounting records which may be relied upon in the preparation of financial statements, as well as an adequate system of internal control.

Nothing has come to the attention of the Trustees to indicate that the Council will not remain a going concern for at least the next twelve months from the date of this statement.

Approved by the Council members on 3rd November 2011 and signed on its behalf by:

……………………………………… ………………………………………

Mr. Haron Mwangi Dr. Levi Obonyo Chief Executive Officer and Secretary to the Council

Chairperson, Media Council of Kenya

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STATEMENT OF COMPREHENSIVE INCOME

2010 2009 Income KShs’000 KShs’000 Government recurrent grant Subscriptions Project funds Accreditation fees

50,000,000 5,340,000 3,247,416 799,300,00

60,000,000 8,225,000 9,709,780 1,818,800

59,386,716 79,753,580

Expenditure Operating costs 10,256,983 6,601,214 Administrative costs 21,130,792 9,583,510 Establishment Cost

4,989,797 4,525,683 36,377,573 20,710,407 Surplus of income over expenditure

23,009,143

59,043,173

STATEMENT OF FINANCIAL POSITION

2010 2009

KShs’000 KShs’000

NON-CURRENT ASSETS Property, Plant and Equipment

5,259,013 792,986

CURRENT ASSETS Trade & Other Receivables

2,057,607 10,000 Cash and Cash Equivalents 83,867,662 65,513,813

85,925,268 65,523,813

TOTAL ASSETS 91,184,281 66,316,799

FINANCED BY: FUND BALANCE 86,492,318 63,483,175

CURRENT LIABILITIES Trade & Other Payables

4,691,963 2,833,624

TOTAL FUND AND LIABILITIES 91,184,281 66,316,799 The above are extracts from the financial statements of Media Council of Kenya which were audited by the Kenya National Audit Office and received an unqualified opinion. The financial statements were approved by the Council members on 3rd November 2011 and signed on its behalf by:

Chairman: Dr Levi Obonyo

Chief Executive Officer: Mr Haron Mwangi

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NOTES

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NOTES

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MEDIA COUNCIL OF KENYA

Physical Address: Ground Floor, British American Insurance Centre at Mara/Ragati Road Junction in Upper Hill, Email: info@mediacouncil.or.ke, Tel:+254 (0)20 2716265, 2716266, 2737058, Mobile: +254 727 735252 Post: P.O. Box 43132 00100,Nairobi, Kenya.