This document provides an overview of the laws and regulations affecting media in Kenya and their overall effect. It discusses objectives of press laws, relevant sections of Kenya's old and new constitutions, and several Acts of Parliament that impact media freedom. Key laws discussed include the Books and Newspapers Act, Penal Code, Official Secrets Act, and others. The conclusion is that while the new constitution enhanced media freedoms, many domestic laws undermine speech and limit media freedom by being retrospective, punitive, and restrictive. The overall net effect is that Kenyan laws severely restrict press freedom and breach constitutional protections for journalists.

1. OVERVIEW OF LAWS AND REGULATIONS
AFFECTING MEDIA IN KENYA & THEIR NET
EFFECT
By
Henry Neondo (14-2820)
Jane Gakaria (09-1247)
Jeremiah Nganda (16-0150)
Loni Carol Semgalawe (16-0225)
Daystar University
February 2016

2. Introduction
This presentation gives an overview of the various
laws and regulations that affect media in Kenya; th
is includes Acts of Parliament and Articles from
the Constitution of Kenya.
It concludes by giving the net effect of the discussed
laws.

3. Objectives of any Press Law
Linard (2002) says that
Press law meets two
basic objectives:
i) Guarantees freedom of
information; by which
we mean “protecting
those responsible for
transmitting this
information”.
• According to Linard, this
freedom of information
includes two
complementary
aspects;
a) the right of a
community to be
informed and
b)the right of each
individual to express
him or herself freely.

4. Obj..cont..
ii) second objective of any
Press law is to protect
individuals and institutions
from abusing freedom to
express oneself
Kenyan context
Kenya’s media from
independence was
considered to operate in an
environment without
sufficient legislation,
leaving media regulation at
the whims of the Executive.
Section 79 of Chapter Five
of the Lancaster
Constitution stated that:
• …except with his consent,
no person shall be
hindered in the
enjoyment of his freedom
of expression, that is to
say, freedom to hold
opinions without
interference, freedom to
receive ideas

5. The Old Constitution
and information without
interference, freedom
to communicate ideas
and information
without interference
and freedom from
interference with his
correspondence
(Reporting, 2008).
-This provision borrows
heavily from Article 19,
• However, Obonyo and
Nyamboga (2011) point out a
major differences between
what the old constitution
provided and what the UN
DHR provides. They point out
that the section excludes
freedom to seek information”
(Obonyo, 2011, p. 12).

6. Contradictions in Article 79 of the Old
Constitution…
• Gives limited rights of freedom of expression [Article 79 (1)],
“that is to say, freedom to hold opinions without
interference, freedom to receive ideas and information
without interference, freedom to communicate ideas and
information without interference, … and freedom from
interference with his correspondence”.
• But those rights are immediately taken away in Article 79(2).
“Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of
this section…”
• The ambiguity, and lack of expressed protections for media
freedoms, led the Kenyatta and Moi governments to extend
their influences on media practice, because the law and
constitution were silent on many apects of media operations.

7. The New Constitution
• Most media scholars agree that the 2010 Constitution
changed this. There are several sections of the Constitution
that address media freedom and enhance the freedom space.
These include Articles 33, 34 & 35
• Compared with the Old Constitution, the new constitution
has several sections that address media freedom much more
explicitly.

8. More freedom enshrined after 2010
• Article 33(1) guarantees “every person…the right to freedom
of expression, which includes…freedom to seek, receive or
impart information or ideas; freedom of artistic creativity;
and…academic freedom and freedom of scientific research”.
• Article 33(2) What the right to freedom of expression DOES
NOT GRANT: (a) Propaganda for war; (b)incitement to
violence; (c) advocacy of hatred on ethnic or other
discriminatory grounds.
• “In the exercise of the right to freedom of expression, every
person shall respect the rights and reputation of others.

9. More freedom enshrined after 2010
• Article 34 […](2) “The State shall not (a) exercise control
over or interfere with any person engaged in broadcasting,
the production or circulation of any publication or the
dissemination of information by any medium; (b)penalise
any person for any opinion or view or the content of any
broadcast, publication, or dissemination...
• Article 34(3) Broadcasting and other electronic media have
freedom of establishment…and are independent of control
by government, political interests or political interests.

10. More freedom enshrined after 2010
• Article 34(4) “All State-owned media shall (a) be free to
determine independently the editorial content of their
broadcasts or other communications, (b) be impartial, (c)
afford fair opportunity for the presentation of divergent views
and dissenting opinions.
• Article 35(1) Every citizen has the right to access: (a)
information held by the state, and (b) information held by
another person and required for the exercise or protection of
any right or fundamental freedom.

11. Kenya Information & Communications Act &
Media Council Act- passed in 2013.
The Kenya Information and Communication
(Amendment) Act and the Media Council Act
meant to regulate press..but also has penalties..eg
the government-controlled regulatory Board can
fine journalists up to Ksh 500,000; media houses
fines of up to Sh20 million if the Board finds them
in breach of a government-dictated code of
conduct, to be penned by legislators
( www.cpj.org, 2013)

12. Books & Newspapers Act – Chapter
111 of the laws of Kenya
Publishers are required to deliver 2 copies of their
publication to the registrar
Anyone who wants to start a newspaper production
business is expected to deposit to GPO a bond of Sh1
million as a prerequisite.
According to Obonyo & Nyamboga (2011), this law says
that an individual who wants to exercise their right to
freedom of expression must have enough money to
put up a bond. This limits speech.

13. Penal Code – Chapter 63 of the Laws
of Kenya
• Section 194 – creates the offense of criminal libel
defined by the Act …as “the unlawful publishing of
any defamatory matter concerning another person
with intention to defame either expressly stated or
implied”.
• However Obonyo & Nyamboga (2011) posit that
publication of a matter cannot be unlawful if the
matter is either true and for the public benefit that
it should be published or it is privileged.

14. Sanctity of the Court
• The constitution in Article 121 spells out offences
relating to judicial proceedings-Contempt of Court.
This Article makes it an offence to:-
(i) Publish information obtained from confidential court
documents.
(ii) Reporting on court proceedings in breach of court order
In cases of criminal contempt, it is the Attorney General
who charges the alleged contemnor as happened in case
of Republic v. David Makali and 3 Others, Court of
Appeal Criminal Applications Nos 4 & 4 of 1994 (Obonyo
& Nyamboga 2011)

15. The Official Secrets Act
• It prohibits the media from telling the truth. It is a
claw back to freedom as it stops the media from
performing their job freely and effectively. It
hinders journalists from accessing information and
discourages public officials from providing sensitive
information while awarding huge penalties against
journalists found in breach.
• It provides for criminal libel, which is punishable by
imprisonment, and is a serious disincentive to
journalism ( www.fesmedia.org)

16. Other Acts
Other Acts that have variously been cited as being anti-
Press include:
• Public Order Act
• Copyright Act
• National Cohesion and Reconciliation Act
• Preservation of Public Security Act

17. Conclusion
• The net effect of the Kenyan laws and regulations
affecting media, ‘is a law that severely restricts
press freedom and breaches the constitutional
protections granted journalists’ ( DN, 16th
Dec
2013)
• These Statutes have strong anti-media laws.
Most of them undermine media freedom as they
are largely retrospective, punitive and repressive.
The Statutes promote censorship.

18. Conclusion cont.
• Most of the domestic laws limit speech and curtail
media freedom.
• As noted by Obonyo and Nyamboga (2011), ‘It is in
bad faith for government to anticipate that the
publisher is going to commit libel’ like is the case
under Books & Newspapers Act.

19. References
• Africa media barometer (2005). FES-media Africa’s
report. Retrieved from http:fesmedia.org
• Controversial media Bill signed into law (2013,
December 16). The Daily Nation. Retrieved from
www.nation.co.ke
• Kenya parliament passes draconian media laws
(2013, December 5). Committee to Protect
Journalists. Retrieved from https://cpj.org/
• Obonyo, L. & Nyamboga, E. (2011). Journalists
and the rule of law. Nairobi: The Kenya Section of
the International Commission of Jurists.

20. Thank you