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Press Freedom

Under British Rule

The seeds of the press, and media in general, were planted by English missionaries colonizing Kenya. The basic function of the publications, such as The Taveta Chronicle, Leader, and Uganda Mail. At this time, those publications served the purpose of disseminating British news and creating a sense of legitimacy for the English missionaries. These practices continued with the introduction of the radio in 1928. As far as press rights for native Kenyans, however, were severely limited. Any opportunities for native Kenyans to access the press were used to make pleas for freedom from colonial rule.

After Independence

Individual press freedoms for individuals in Kenya were still rather limited. The new Kenyan government took control most forms of the media in order to spread their vision of Kenyan ideals. However, at this time privately owned newspapers, such as the Standard emerged, although these private entities were still subject to governmental control and censorship.

2010 Constitution

The newest Constitution of the Kenyan government for the first time fully enumerated some individual rights to expression and information. However, there is a lack of unilateral freedom of expression for Kenyan citizens. Amongst the most notable omissions from the enumerated rights is the right to express propaganda for war or an incitement of violence. The Kenyan government still retains some control over the spread of dissenting ideas during wartime. In the realm of media specifically, the Constitution prohibits the government from interfering with the spread of truthful information or with any individual’s right to access to that information. The government nonetheless sets standards for media content and regulates the enforcement of those rules. The Kenyan government, however, did not intend to staunchly adhere to these new mandates. As recently as 2013, Kenyan policymakers amended previous laws to limit certain media coverage of terrorist attacks and attempted to suppress the reporting of the deteriorating safety in Kenya. The amendment to the Kenya Information and Communication Act works to stifle efforts of publications that put forth critical perspectives of the Kenyan government.

Present-Day Press Rights

According to an independent study conducted by Freedom House, Kenya’s press rights are considered to be somewhat comprehensive. The press is considered “partly free” largely because of governmental efforts to enact laws that grant more control over media and publications. Moreover, previous laws, such as the Preservation of Public Security Act, which give the government the right to declare any information to be a security threat and censor that information, are still in effect and have yet to be repealed or amended.

I will discuss Press Freedom in Kenya, as there is no current section detailing that particular aspect of Human Rights in Kenya. It will be worth noting not only the press rights in Kenya, but expanding on how those rights relate to the rest of Africa, and also the United States as a point of reference.

The Constitution of Kenya. Amend. 33, Sec 2.

This source enumerates the exact press rights that individuals in Kenya are entitled to. It also represents how far the individual press rights have grown, as this is a far more recently amended constitution.

“The Kenya Information and Communications (Amendment) Bill, 2013.” National Assembly Bills, 2013. (Web) 27 Oct. 2016. <http://www.researchictafrica.net/countries/kenya/The_Kenya_Information_and_Communications_(Amendment)_Bill_2013.pdf>

This law puts forth the ever-growing press rights of individuals in Kenya. As this law was an amendment to a 1998 law, it shows how the press freedoms are evolving.

"Code of Conduct for the Practice of Journalism in Kenya." Code of Conduct for the Practice of Journalism in Kenya. Media Council of Kenya, n.d. Web. 27 Oct. 2016.

This source provides a more nuanced take on the implantation of the press freedoms enumerated in the 2010 constitution. It explains how journalists are supposed to act within the individual press freedoms.

"Kenya." Freedom of the Press. Ed. Freedom House DC. Freedom House, 2016. Web. 27 Oct. 2016.

This source shows Kenya’s relative press freedoms to the rest of the world. It is especially useful because it keeps a database of Kenya’s relative press freedoms each year.

Mungeam, G. H. British Rule in Kenya, 1895-1912: The Establishment of Administration in the East Africa Protectorate. Oxford: Clarendon P., 1966. Print.

This book is a good source for explaining what rights, if any, Kenyans had during British rule. It serves as a point of reference for how improved the press freedoms are in Kenya today.

Murunga, Godwin R., Duncan Okello, and Anders Sjögren. Kenya: The Struggle for a New Constitutional Order. London: Zed, 2014. Print.

This book offers an insight into how individuals in Kenya are fighting for more press freedoms. It shows how the people of Kenya desire to have the same rights as any other constitutional nation.

Namwaya, Otsieno. "Dispatches - Media Freedom Under Threat in Kenya." Human Rights Watch. N.p., 23 Mar. 2016. Web. 27 Oct. 2016.

This source offers an insight into a counter position, one that makes the claim that press freedoms are not growing for individuals. It offers a compelling counter-position that puts Kenya’s progress into a broader perspective.

Omolo Ochilo, Polycarp J. "Press Freedom and the Role of Media in Kenya." Africa Media Review 7.3 (1993): n. pag. Web. 27 Oct. 2016. <http://digital.lib.msu.edu/projects/africanjournals>.

This source is effective in offering a perspective of how press freedoms for individuals were more limited before the new constitution in 2010. It represents a point from which to examine how press freedoms have improved.

Oraire, Peter, and Rosemary Okello-Orlale. The Media We Want: The Kenya Media Vulnerabilities Study. Rep. Nairobi: Friederich Ebert Stiftung, 2010. Print.

The source lists exactly what the citizens of Kenya desire from individual press freedoms. Moreover, it explains how these individuals aim to achieve their goals about expanding press freedoms.

Watson, Mary Ann. Modern Kenya: Social Issues and Perspectives. Lanham, MD: U of America, 2000. Print.

This book show individual perspectives on how social issues affect the way in which press freedoms are expanded or contracted. Additionally, it offers further insight in to how Kenyans would like to see individual freedoms in the future.