BSERVER Watching the Watchdog Debunking Fake News
Taming Hate Speech
JANUARY- MARCH 2015
A Publication of the Media Council of Kenya
The Media Observer
Issue 6, 12 February 2018
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It’s a tough time to be a journalist in Kenya In two short weeks, Kenyans have witnessed an unprecedented clampdown on the country’s often celebrated media. And you know how Western media tends to pay attention to Africa only when things are bad? Well, now we have plenty of footage for the BBC, CNN and all major newspapers out there. Many voices here at home and abroad have condemned the shutdown of KTN, NTV and Citizen television stations on 29 January as a violation of a fundamental freedom in the Constitution of Kenya. According to the Kenya Editor’s Guild, the TV shutdown followed an explicit directive from State House to editors and media managers that they should not cover the controversial inauguration of the NASA leader Raila Odinga as the ‘People’s President’ on 30 January 2018. Thereafter, NTV senior journalists Linus Kaikai, the incumbent chairman of the Editor’s Guild, Ken Mijungu and Larry Madowo holed themselves up in their upstairs offices at Nation Centre in downtown Nairobi for over 24 hours as word spread that police had laid siege downstairs to arrest them. The three journalists later obtained a court order stopping their intended arrest. Then there was the chilling media briefing on 31 January at Jogoo House by Interior Cabinet Secretary Dr. Fred Matiang’i. The government had “credible and incontrovertible evidence”, he said, that on the day of Raila’s planned oath “a massacre of catastrophic proportions” was to be executed and blamed on the police. The country was told that some media houses were implicated in the plot.
In the same week on 2 February, President Uhuru Kenyatta was reported to have “chased away” journalists from a function at the Kenya School of Government. A video clip of the incident, now widely syndicated on mainstream media and shared on social media, shows the president reading from prepared text. Then, suddenly, he looks up, faces the cameras and gesturing with his left hand, says, "Sasa si nyinyi mzime hizo vitu zenu na mwende? Kazi imekwisha." [Why don't you switch off your equipment and go away? There is no more work.] On the same day, news reports said police chased away a battery of journalists from the headquarters of the Communications Authority of Kenya on Waiyaki Way, Nairobi. The journalists had gone to cover an alleged attempt to block activist Okiya Omtatah from serving the Authority with a court order to switch back on the three TV stations that had been shut down. These events are troubling. The Constitution of Kenya guarantees media freedom and freedom of expression. In a message circulating in social media, veteran media personality Fred Obachi Machoka writes: “Media’s role the world over is to report things as they are. If someone says stuff, media reports. If someone does something, media reports. If something happens, media reports. If someone promises something and they don't do it, media reports. In other words, media is like a wall mirror. If you are ugly, you don't break the mirror.” Kenya, let us not throw stones at the mirror. See you Monday!
Consequently, Secretary Matiangi declared a wide-scale investigation targeting individuals and institutions, which, he said “include but are not limited to certain media houses.”
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Issue 6, 2018 3, 12 22 February January 2018
A photo not worth a thousand words
Want to know whether you are a VIP in Kenya? Easy: find out whether you “died” last week. NASA Leader Raila Odinga was reported dead several times by bloggers. IEBC Chairman Wafula Chebukati, too. Deported Nairobi lawyer and fierce political activist Miguna Miguna died many times a day on social media. At one time Miguna was reported to have been poisoned. But that was not enough. He was said to be held in police station A, before he was subsequently spotted in stations B, C, D and E. When Miguna was eventually “photographed” in court or on a late-night KLM flight headed out of Kenyan airspace, the pictures showed the same man wearing different shoes. Or even slippers. MM had become a phantom! And then there was the big “death” that got the entire nation talking. This time it was in mainstream media. On Wednesday, 7 January, a notice appeared in the Daily Nation announcing the funeral of NASA supporter and businessman Jimmy Wanjigi. He had been “killed in a failed robbery in Nairobi’s Karen estate,” the notice said. “Family and friends are meeting daily for prayers and burial arrangements at his wife’s Muthaiga home, Nairobi from 5pm,” the notice read. No, not really. “The cortege leaves Lee funeral Home (Nairobi) on Tuesday 6th February 2018 at 7am. Funeral service will take place at All Saints Cathedral at 10am and burial at Lang’ata Cemetery at 3pm,” according to the notice.
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This means that by the time his obituary appeared, Jimmy was already done and buried. Never mind that the man was walking round and about, breathing just fine. And was it actually Jimmy Wanjigi? No. While the black-and-white picture at the top of the notice and the names of his family and business were accurate, the dead man was called James Richard Wanjagi. A picture is worth a thousand words. This is the accepted wisdom in journalism. But the one the Nation published said nothing to the staff who accepted the ad. Yet that same picture, once the Daily Nation hit the streets, spoke a thousand words to thousands of people. All manner of speculations continue about how Jimmy’s obituary got published. To their credit, the Nation promptly issued a fullthroated apology. "We regret the pain and anguish this may have caused Mr. Wanjigi and his family and sincerely apologise for this. Nation Media Group does not condone such publication, which clearly goes against our editorial policy. We have taken immediate action against those responsible for the placement of the announcement, including reporting the matter to the police for further investigations,” the paper said in a statement. That, for many observers, ended the matter.
Issue 6, 12 February 2018
Time to!
But the next day the paper carried a story titled, “How “It also gave the time for the burial as 3pm, almost two ‘Wanjagi’ advert was planted in ‘Nation’”. The story seemed hours earlier than the man showed up to place the ad. intended to clear the air about what happened. But it left difficult questions unanswered: “The employee copied and pasted the advert as presented, complete with fonts different from the rest One, the advert is said to have been placed by a man who of the paper.” used fake details. “The man, who seemed to have a good understanding of the newspaper’s operations, booked an So what exactly did the Nation staffer have the time to advert announcing the death of a Mr James Richard review, besides negotiating a ten per cent discount for Wanjagi,” the story said. the obituary? Of course there aren’t many people around town with a good understanding of the Nation’s operations. So, might this suggest an inside job? Or perhaps, a former employee?
Clearly, important systems failed at the Nation. Or did someone make sure they failed?
Two, the story said, “The photo he used was of low resolution, lifted off a social media site and converted to black and white to fool a casual examiner.” How does the writer know this? Regardless, the photo used is clear to all who would instantly recognize Jimmy. A seasoned staffer at the Nation’s adverts section is certainly not “a casual examiner” of images presented by advertisers. More importantly, readers will ask: is it possible someone working for the country’s largest newspaper has no idea who Jimmy Wanjigi is or what he looks like? Three, the story goes on, “He [the mysterious advertiser] walked into the Nation Ad Centre at 4.40pm, 20 minutes before the rigid deadline, which requires all bookings to be done by 5pm. This left the clerks — this being their busiest working period — with very little time to verify the information.” This sounds plausible – until one considers the tall tale that follows. “He was attended to by a staff member in charge of obituary placements and he handed over a flash disk with the photo and text for the obituary. “The employee, with an eye to the looming deadline, quickly scanned the contents of the advertisement for any errors. “The date given for the funeral service and burial were indicated to be on the same day the notice was received, February 6.
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Issue 6, 12 February 2018
EDITOR’S PICK: Homabay, where leaders don’t fancy journalists By Observer Team “A female police officer pointed her gun at my head and said I could not enter the Assembly premises. held me by the shirt, tearing off Another officer some buttons as they pushed us away.” This statement was made by Daily Nation Correspondent Barack Oduor last Friday at a forum organized by the Media Council of Kenya (MCK) during a fact-dining visit to Homabay County following reports of recent assault on journalists in the lakeside town. Oduor told a hushed hall filled with 19 reporters for 11 media houses that journalists in Homabay do not enjoy good working relations with local County officials. The reason, he said, is because journalists have been reporting about ongoing investigations on alleged corruption and power struggles that sometimes erupts in violence at the County Assembly. The event was hosted by the aging, beachfront Tourist Hotel in town. Media Council staff had come to find out the circumstances under which journalists were allegedly assaulted by police. Prior to the Friday event with journalists and in an attempt to gather facts, the MCK staff led by Project Team Leader Kodi Barth first visited the police and the County Assembly on Thursday. Here they found a markedly different narrative from that told by the affected journalists. It was widely reported in the media that on 29 January Homabay police assaulted three journalists and damaged their equipment at the County Assembly gates. The reporters, Oduor of the Nation, Aly Abich of Royal Media Services and George Odiwuor of Media Max Networks were on duty to cover a special sitting of the Assembly. “Before the attack, there were threats to several journalists by county assembly officials not to expose the rot in the county,” Oduor said. On the fateful day, the three reporters arrived at the Assembly’s gates, where Administration Police officers and private security personnel denied them entry to
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cover proceedings. The security officers said they had firm instructions to not allow journalists into the Assembly. The officers could not name the source of these orders. However, Officer Commanding Police Division (OCPD) Esau Okodie said no such orders came from the police commander; that it may have come from either the Speaker or Clerk of the Assembly. Wang’chieng’ Ward Member of Assembly Peter Kaula told MCK staff that it’s not unusual for the Assembly to bar reporters from house-keeping sessions known as Kamkunji. However, all three affected journalists concurred that they had no notice of a Kamkunji on 29 January. Besides, Oduor added, there are rules to follow on such occasions, such as formal notice of a Kamkunji written by the Assembly clerk to the media. The journalists said they received no such notice. At the gates, the standoff with security officers escalated when three MCAs, Julius Gaya of Karachuonyo Central, Okuku Miregi of Rusinga Island and Godfrey Juma of Homa Bay East, demanded that the journalists be allowed into the Assembly. A scuffle ensued, leading to violence on the journalists. The attacked journalists later reported the assault to the Homabay police and deposited the damaged camera as exhibit., the forum heard. Michael Mutonyi, the Administration Police Commander, promised investigations. Nothing has been heard from him. “After three days, the police told us they still did not know the officer who destroyed George’s camera, even after we gave them the picture and a recording of the officer,” Oduor said. Days later, the journalist got frustrated that the matter was going nowhere. So Odiwuor returned to the police station and collected his camera, he told MCK staff at a joint meeting with OCPD Okodie. But by retrieving the camera, Odiwuor said, the police told him later on the phone, they journalists were effectively deemed to have withdrawn the case.
Issue 6, 12 February 2018
Okodie confirmed that he ordered his crime officer to investigate the case. But the officer later informed him that the reporters had withdrawn the case. 7
9OCPD Okodie confirmed to MCK staff that he ordered a crime officers to investigate the case, but that the officer later informed him that the reporters had withdrawn the case.
the Council was informed that the Assembly was not in session and that these officers would be unavailable for an indefinite period. Who wants to train as an expert County Assembly reporter? Well, come to Homabay. Chances are they But who likes journalists in won’t like you much here. these strange, unfortunate times?
Prior to coming to Homabay, the MCK made repeated efforts to secure appointments with the Speaker, the Assembly Clerk and Majority Leader. However,
Letter to the Editor Dear Observer team, Thank you for sending this letter. Having read through i can’t but ask; with all the fake and outrageous news, what can the Observer-Media Council do? Remember, as Journalists, we are to observe the code of conduct that governs us. Besides this is our Country where we live and have never seen one removing the land they stand on, of course where will they be suspended? Do we start with colleges, and not license those that are not offering professional education? Or maybe we should not offer press cards to those that have been found to publish or broadcast fake news? Another thorn, is the issue of social media use. Though there is freedom of speech, just like any other form of freedom, is it really right to have one's freedom affect or infringe on other people's freedom? If we live like this then it means people will or may end up left to scramble for the planets since the Earth is filled and no man is an Island, i'm yet to see one. Please let's look for a way to deal with social media. I believe there is always a way, only that we haven't explored it. Thank you. Milly Kijo
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Issue 6, 12 February 2018
Fake news galore as political heat rises 1
NASA leader Raila Odinga is supposedly to be sued in three international courts. But there is no basis for this claim. As a matter of fact, the eveningposts.co.ke remains one of the links we have flagged for spreading fake news.
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Nor did Raila’s chief advisor flee the country.
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Issue 6, 12 February 2018
Fake news galore as political heat rises Karanja reported the arrest of the 3 Tiax “People’s President”. This was shared on Facebook Group Kenya.
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When politicians become purveyors of fake news, we are left dumbfounded. Gatundu South Member of Parliament Moses Kuria alleged that Kalonzo Musyoka went out of the country on NASA leader Raila Odinga’s oathing day. But we all saw the man Kalonzo interviewed by various media houses at his home on the material day. Did he also not give interviews to various Kamba language radio stations?
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Political activist Miguna Miguna died in police custody, according to blogger Gordon KaLorna Teti. This fake news caused serious reactions on social media, including a response from Senator Kanjwang’.
Issue 6, 12 February 2018
Fake news galore as political heat rises 6
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The Daily Post twisted what we already know.
IEBC Chairman Wafula Chebukati was reportedly killed in Uganda. Digital Humanitarian flagged this as fake.
The screenshot below is of an article stating that one of Kalonzo`s family members died following a grisly road accident. This is from EAZYMONEYTIPS, a website. Note also the fake picture used.
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Issue 6, 12 February 2018
Fake news galore as political heat rises 9
Mombasa Governor Hassan Joho was said to have been hospitalized as a result of pressure from the government. The fake story appeared on a website called Kahawatungu and is authored by Eva Nyambura.
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Again, Raila Odinga was declared dead!
did Donald Trump congratulate Raila on his 11 And swearing in as the “People’s President”?
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Issue 6, 12 February 2018
Fake news galore as political heat rises 12 Reports that Kalonzo`s house was targeted during the NASA event may be true but claims that Mungiki militia were responsible in deploying a grenade lack basis.
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No, Tanzanian President John Magufuli did not send President Uhuru Kenyatta a rude message.
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There were claims that Miguna Miguna was poisoned by the police while in custody.
Other fake news headlines had no content underneath.
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Issue 6, 12 February 2018
Fake news galore as political heat rises 16
Fake news published on the website political.co.ke claimed that President Uhuru Kenyatta and Deputy President William Ruto were planning on killing Miguna Miguna.
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This post was shared on 2 Febraury by a person known as Rooney Njogah. Uh?
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Issue 6, 12 February 2018
The Media Observer is published weekly by the Media Council of Kenya.
Media Council of Kenya P.O. Box 43132 – 00100 Nairobi, Kenya
Chief Executive Officer David Omwoyo Programme Manager Victor Bwire Project Team Leader Kodi Barth Media Monitoring Leo Mutisya Editor Henry Makori Layout Simon Njuguna Tel: (+254 20) 2737058, 2725032 Cell: +254 727 735252 observer@mediacouncil.or.ke
@MediaObserverKE
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Issue 6, 12 February 2018