KMSWG STATEMENT ON STATE INTERFERENCE IN KENYA’S MEDIA LANDSCAPE
NAIROBI, MARCH 13, 2024 – We, the undersigned organisations under the Kenya Media
Sector Working Group (KMSWG), are concerned by the systematic undermining of media
freedom, freedom of expression, and freedom to access information by Kenya government
and its agents, in blatant subversion of the Constitution. We have witnessed an assault on
independent media in a manner never before witnessed since independence over the last 15
months.
A recent government directive issued by the Principal Secretary for Broadcasting and
Telecommunications, Prof. Edward Kisiangani, (dated March 07, 2024) directing all
government agencies to exclusively air TV and radio adverts on Kenya Broadcasting
Corporation (KBC) is the latest in a string of State actions clearly designed to clamp down on
Kenya’s free media.
This causes immense outrage and concern among independent media outlets in Kenya. These
directives are not merely misguided – they are a blatant assault on the very foundations of a
free and democratic society. They violate the principles of media freedom enshrined in
Kenya’s Constitution, undermine free market principles, and create a hostile environment for
media investment. As the united voice of Kenya’s independent media, we condemn these
actions in the strongest terms possible and call for immediate action to protect media freedom
and democratic principles.
The Constitution of Kenya, in the Bill of Rights (Article 34) guarantees freedom of the
media as a fundamental right. By forcing government advertising through a single
state-controlled channel, the government effectively restricts the reach and influence of
independent media. KBC’s editorial line has historically mirrored the government’s position,
leaving little room for critical perspectives or investigative journalism. This directive is a
deliberate attempt to stifle dissenting voices, control the public narrative, and ultimately,
weaken the democratic fabric of the nation. A healthy democracy thrives on a plurality of
ideas and viewpoints, not on a singular, government-sanctioned narrative.
Kenya is a signatory to the African Charter on Human and Peoples’ Rights (ACHPR). Kenya
ratified the ACHPR on January 23, 1992. This means Kenya is legally bound to uphold the
rights and freedoms enshrined in the Charter, including the right to freedom of expression and
the right to information, which are both crucial for a free and independent media. ACHPR’s
Declaration of Principles of Freedom of Expression and Access to Information in Africa, at
Principle 24 (on economic measures) specifically provides that:
- States shall promote a conducive economic environment in which all media can
flourish, including through the adoption of policies for the provision of financial
or other public support for the sustainability of all media through a fair, neutral,
independent and transparent process, and based on objective criteria. - States shall ensure that the allocation of funds for public advertising is
transparent and subject to public accountability, and they shall not abuse their
power over the placement of public advertising. - States shall adopt effective measures to avoid undue concentration of media
ownership, whether horizontal or vertical. Such measures shall not be so stringent
that they inhibit the development of the media sector as a whole.
Further, the directive offends the Constitution of Kenya (2010) at multiple levels, including;
a) It offends the principles of governance under Article 10, specifically the principle of
“inclusivity.” By having all government adverts directed to KBC means that all radio
and TV audiences must tune-in to KBC for government information, thus excluding
other broadcasters.
b) Further, the directive offends the legislative intendment of Article 34 with regard to
media freedom and diversity. Article 34 was intentionally inserted into the
Constitution of Kenya to protect freedom of media, which protection included freeing
Kenyans from the dictatorship of KBC that had permeated under the one-party rule;
c) The directive also runs a foul the non-discrimination, equal protection and equal
benefit of the law provisions under Article 27;
d) The directive offends principles of public finance under Article 201 which provides,
specifically under Article 201(b)(iii), that the public finance system shall promote an
equitable society, and in particular, expenditure shall promote the equitable
development of the country including making special provisions for marginalized
groups and areas.
The Kisiangani Memo to State officers and independent Commissions is, therefore, an
inexcusable breach of his oath of office, short-sighted, arbitrary, erroneous, malicious,
discriminatory, demeans leadership and integrity principles, and, therefore, patently
unconstitutional. We wonder: Advertising is not the only service the State procures, why the
obsession to use extra-legal and undemocratic measures to control it? Recent, similar, action
by the very same Prof. Kisiangani is already the subject of public interest litigation.
KBC indeed needs help to grow strong and transform from a State broadcaster to the public
broadcaster that the citizens of Kenya enshrined in their Constitution. The first step to this is
in freeing the hands and minds of the professionals at Broadcasting House to make
independent, public-spirited determinations on how to apply its assets and deliver journalism
that builds the nation, not to subject them to unhelpful commands from transient political
actors calling the shots at any particular time..
Worse, the Kisiangani Memo defines the latest chapter in a State campaign against free media
in the last few months. Evidence abound of State-sponsored trolls of senior editors,
ill-advised campaigns against media houses, botched attempts to limit television coverage of
political activities, impairment of media regulation mechanisms are only a few.
This State campaign has far-reaching consequences beyond silencing dissent. They represent
a devastating blow to Kenya’s independent media, already grappling with a decline in
traditional revenue streams due to the rise of digital platforms. Government advertising has
been an important enabler of media diversity, encouraging a multiplicity of investors to
provide alternative media especially at community and devolved levels. Broadly, it helped
investment in quality journalism, maintain a diverse workforce, and reach wider audiences.
Diverting these resources exclusively to KBC will starve young independent media of crucial
financial oxygen, potentially forcing closures, job losses, and a drastic reduction in the media
landscape. This not only undermines the public’s right to access diverse information but also
stifles economic activity and innovation within the media sector. A vibrant independent
media landscape fosters a healthy business environment, attracting new investment and
promoting economic growth. By crippling this sector, the government is shooting itself in the
foot.
State interference in the media landscape sends a chilling message to local and international
investors. It signals a shift away from a free market and towards an environment where
political connections, not merit or innovation, determine success. Investors rely on a
transparent and predictable business environment to make informed decisions. This
government action undermines that very foundation. Foreign investors, in particular, may
view Kenya’s media landscape as risky and unstable, deterring much-needed investment that
could fuel the growth of the sector and the economy as a whole. This ultimately hurts both
the media and the nation’s overall economic well-being.
The latest assaults on media by the Kenya Kwanza coalition government indicate that the
open hostility inherited from the previous administration towards independent media, civil
society and other watchdog institutions continues unabated.y
It is important to point out that the the principles underlying constitutional guarantees of free
and independent media are not for benefit of media in itself, but in protection of citizen rights
to free flow of information and to receive and impart ideas without hindrance.
Noteworthy., also, is that the Kenya media does not demand a share of government
advertising spend right, but simply asks for fair, prudent, non-discriminatory and transparent
utilisation of public resources.
We believe that the decisions on government advertising are not designed to ensure prudent
use of public funds, but are in pursuit of an insidious plot to kill free and independent media.
It is Kenyan democracy that is at stake, not just the free media.
We, therefore, in light of these alarming developments… - Call on all media practitioners, media entities, and friends of free media to unite in
solidarity in defense of our hard-earned rights to a free media, access to information,
and freedom of expression; and to strongly and jointly rebuff any agents of darkness
keen to turn off the media light. - We urge independent media outlets to stand firm against state interference and
continue to uphold the principles of journalistic integrity and independence. Let us
remind the government that a free press isn’t a privilege; it’s a cornerstone of
democracy. - We call on international rights organizations to take a stand against the systemic state
affront against the media in Kenya and to advocate for the protection of media
freedom. - We appeal to friendly nations, development partners, investors and proponents of
democracy, freedom of information and human rights worldwide to speak out against
the erosion of media freedom in Kenya and to pressure the government to respect the
rule of law and democratic principles. Their silence in the face of this assault is
deafening.
The assault on media freedom in Kenya must be met with unwavering resistance and
collective action. We cannot afford to remain silent in the face of government overreach and
attempts to undermine our democratic institutions. Now more than ever, we must stand
together to defend the principles of media freedom, democracy, and the rule of law. Let us
send a clear message to those in power that we will not tolerate any infringement on our
fundamental rights and freedoms. Together, we can safeguard the future of independent
media in Kenya and ensure that it remains a vital pillar of our democracy, promoting
transparency, accountability, and sustainable economic growth for all Kenyans. - About the Kenya Media Sector Working Group
KMSWG is a coalition of key media actors, bringing together journalists and other civil
society organisations. KMSWG convenes to deliberate on the operating environment of the
media, guided by articles 33, 34, 35, 36 and 37 of the Constitution on Kenya, speaking to
freedoms of expression, media, access to information and assemble respectively.
