Fortunately, dramatic changes for the better are afoot for freedom of expression and a free press now that the new Kenyan constitution, enacted in 2010, is in place. KENYA 200 MEDIA SUSTAINABILITY INDEX 2012 INTRODUCTION OVERALL SCORE: 2.24 KENYA At first glance, Kenya has one of the most sophisticated media sectors in Africa. Kenyan media companies, with long and distinguished histories of providing news, have developed into commercially successful companies. Kenya is one of the few Africa countries where market research and audience statistics are Aavailable and used with effect by the media. However, Kenya is also troubled by recent political turmoil that hampered the work of independent media and threatened to overturn the media development achieved over decades. Corruption and economic problems plague the practice of journalism. Furthermore, the robust media scene that one finds in urban areas lies in stark contrast to rural areas, where state radio and one or two other stations are likely to be available to residents there. Fortunately, dramatic changes for the better are afoot for freedom of expression and a free press now that the new Kenyan constitution, enacted in 2010, is in place. The new constitution contains a more thorough defense of these freedoms than the old one, and exceptions where the state can curb these freedoms are provided for in a less severe manner. The Parliament has now embarked on amending all media laws and packaged them into omnibus legislation known as the Media Bill. In particular, lawmakers have targeted for change laws that have been on the books for years and contravene the provisions of the current constitution. Journalists are eagerly awaiting the outcome, which will determine the future of media in Kenya. However, certain provisions in the law persist, and appear likely to do so, that impact the media’s sustainability. High taxes on media equipment and materials used in printing remain in place, and efforts by media owner associations to lobby the government for a reduction have not yielded positive results. KENYA 201 KENYA AT A GLANCE GENERAL MEDIA-SPECIFIC > Population: 43,013,341 (July 2012 est., CIA World Factbook) > Number of active print outlets, radio stations, television stations: Print: 6 daily newspapers, 5 weekly newspapers; Radio Stations: over 100; > Capital city: Nairobi Television Stations: 17 > Ethnic groups (% of population): Kikuyu 22%, Luhya 14%, Luo 13%, > Newspaper circulation statistics: Top three by circulation: Sunday Nation Kalenjin 12%, Kamba 11%, Kisii 6%, Meru 6%, other African 15%, (private, circulation 250,000) Daily Nation (private, circulation 150,000), non-African (Asian, European, and Arab) 1% (CIA World Factbook) and Standard (private, circulation 70,000) > Religions (% of population): Kikuyu 22%, Luhya 14%, Luo 13%, Kalenjin > Broadcast ratings: Top three radio stations: Classic Radio (private), Kiss 12%, Kamba 11%, Kisii 6%, Meru 6%, other African 15%, non-African (private) and Citizen Radio (private) (Asian, European, and Arab) 1% (CIA World Factbook) > News agencies: Kenya News Agency (state-owned) > Languages: English (official), Kiswahili (official), numerous indigenous languages (CIA World Factbook) > Annual advertising revenue in media sector: KES 12 billion ($145 million) (2010 est.) > GNI (2011-Atlas): 34.211 billion (World Bank Development Indicators, 2012) > Internet usage: 3.99 million (2009 est., CIA World Factbook) > GNI per capita (2011-PPP): $1,720 (World Bank Development Indicators, 2012) > Literacy rate: 85.1% (male 90.6%, female 71.7%) (2003 est., CIA World Factbook) > President or top authority: President Mwai Kibaki (since December 30, 2002) Unsustainable, Anti-Free Press (0-1): Country does not meet or only minimally meets objectives. Government and laws actively hinder free media development, professionalism is low, and media-industry activity is minimal. MEDIA SUSTAINABILITY INDEX KENYA Unsustainable Mixed System (1-2): Country minimally meets objectives, with segments of the legal system and government opposed to a free media system. Evident AINABLE T progress in free-press advocacy, increased SUS professionalism, and new media businesses may be too recent to judge sustainability. Near Sustainability (2-3): Country has NEAR AINABILITY progressed in meeting multiple objectives, T 2.62 2.62 2.59 2.57 with legal norms, professionalism, and SUS 2.42 2.42 2.41 2.35 2.34 the business environment supportive of 2.29 2.27 2.28 2.25 2.25 2.24 2.21 2.18 2.15 independent media. Advances have survived AINABILITY 2.08 2.08 2.04 T 2.00 1.99 STEM changes in government and have been Y 1.90 1.88 AINABLE T codied in law and practice. However, more SUS time may be needed to ensure that change is MIXED S UNSUS enduring and that increased professionalism and the media business environment are sustainable. AINABLE T Sustainable (3-4): Country has media that UNSUS ANTI-FREE PRESS are considered generally professional, free, 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 2006-07 2008 2009 2010 2012 FREE PROFESSIONAL PLURALITY OF BUSINESS SUPPORTING and sustainable, or to be approaching these SPEECH JOURNALISM NEWS SOURCES MANAGEMENT INSTITUTIONS objectives. Systems supporting independent OBJECTIVES media have survived multiple governments, economic uctuations, and changes in public opinion or social conventions. 202 MEDIA SUSTAINABILITY INDEX 2012 OBJECTIVE 1: FREEDOM OF SPEECH as evidence. However panelists noted that the Kenya Media Council has turned out to be the worst enemy of the media Kenya Objective Score: 2.34 by imposing high penalties on media houses. “The Media Council is supposed to act as an arbitrator between the media and any aggrieved party, however on many occasions we Kenya’s media achieved another milestone after the have seen the Council ruling against the media and ordering enactment of the new constitution in 2010 in which a it to pay heavy fines, which we think is unfair,” complained fully-fledged article on media freedom and its independence one panelist. Big fines may lead to the closure of a media was inserted. The new constitution also gave clear guarantees house and threatens, by way of cowing the media, to kill on freedoms of expression and freedom of speech. investigative journalism. The adoption of the new constitution gave birth to the Panelists reported that protection of news sources is process of repealing all conflicting media laws and bringing respected by law; however in some cases the government may them together under one roof, known as the Media Bill, use its weight to force journalists to reveal sources. which is still under consideration. However, the Media Bill has been tabled for so long that media professionals Licensing of electronic media in Kenya is a big problem, fear that it may not see the light of the day. Furthermore, according to the panelists. This responsibility remains in the the panel noted, despite the good intentions behind the hands of two separate bodies: the Ministry of Information, new constitutional provisions and the Media Bill, there is which issues a license, and the Communications Commission skepticism that even if the Media Bill is passed that the laws of Kenya (CCK), which allocates frequencies. The process will be respected, as has been the case in the past. remains unfair in the eyes of many who seek to set up media houses. The Ministry of Information has on many “We have had some good laws in this country however occasions granted licenses to applicants, who then are told when it comes to implementation, they are abused by the by the CCK that there are no frequencies available. However, same people who are supposed to protect them,” noted the panelists noted that for those with powerful political one panelist. However, he added, if the Media Bill is enacted connections and with a lot of money, their applications are by Parliament and respected by the government, issues of processed expeditiously. government raids on media houses will be a thing of the past. As for print media, the Attorney General’s office handles the The panelists reported that the judiciary is independent and registration process. The applicant is only required to deposit pointed to the handling of a number of recent media cases a bond of KES 1 million ($12,000). The process, said panelists, is not as difficult as that of electronic media. Media using the LEGAL AND SOCIAL NORMS PROTECT AND PROMOTE Internet and SMS are also licensed; a committee has been put FREE SPEECH AND ACCESS TO PUBLIC INFORMATION. in place to monitor their operations, although the laws on the books do not provide for this. FREE-SPEECH INDICATORS: All the bodies overseeing licensing and registration are > Legal and social protections of free speech exist and are enforced. within the government, and their personnel are appointed > Licensing of broadcast media is fair, competitive, and apolitical. by politicians; therefore their independence is questionable. > Market entry and tax structure for media are fair and However, panelists expect changes to the process with the comparable to other industries. enactment of the new Media Bill into law. > Crimes against journalists or media outlets are prosecuted The panel noted that taxes levied on media are very vigorously, but occurrences of such crimes are rare. high compared with other businesses. For example, the > State or public media do not receive preferential legal treatment, government taxes highly imported equipment used by the and law guarantees editorial independence. media and other inputs like newsprint. Panelists felt that this > Libel is a civil law issue; public officials are held to higher serves to scare off would-be investors in the media. The panel standards, and offended parties must prove falsity and malice. also noted that the government continues to tax community > Public information is easily accessible; right of access to media frequencies that should be tax-free.