By Eric Ndung’u, MCK Media Analyst
Attacks on journalists are on an upward trajectory, which is unsettling. The rights of a journalist are guaranteed under Articles 33, 34 and 35 of the Constitution of Kenya 2010. The few limits of those rights are listed as propaganda for war, incitement to violence and hate speech. For that reason, any acts contrary to these amount to violation of the Constitution. Below are some of the headlines that have captured well the issue of press freedom in the last few weeks.
“MCK condemns attack on journalists covering London Ward by-election” (KBC March 4)
“Details that have baffled detectives probing the killing of KBC editor Betty Barasa” (K24 April 9)
“DCI summons Citizen TV journalists over guns exposé” (The Star, April 21)
“MP, nine journalists arrested in Embu evictions” (TV47, April 24)
“DW journalist attacked by Kenyan police at protest in Nairobi” (Deutsche Welle, May 3)
According to an Article 19 report, “Kenya: Journalists attacked and silenced during Covid-19 pandemic”, released on September 30, 2020, “Journalists and media workers faced various forms of violations, including physical assault, arrest, telephone or verbal threats, online harassment and lack of access to public information, officials and buildings.”
The police are by far the most culpable for the infringements on record.. Article 19 notesthat, “Provisions of the Cybercrimes Act have become the tool for government officials to undermine online freedom of expression in the wake of the Covid-19 pandemic.”
Such infringements by government bodies are addressed by the Independent Police Oversight Authority (IPOA), established through an act of Parliament in 2011 to provide for civilian oversight over the work of the police in Kenya. Any other complaints against a journalist by the public or the government should be directed to the Media Complaints Commission, an independent body within the Media Council of Kenya. The commission is mandated to resolve disputes pitting media against media, media versus governments and media versus the public.
These two bear the responsibility to ensure parties involved in the violations of the rights of journalists are investigated, prosecuted and convicted where guilty. “The council has seen journalists being under pressure and threats and as the Fourth Estate we can only turn to the judiciary,” MCK boss David Omwoyo said during AJEA 2021.
MCK has been vocal in standing up for the rights of journalists. However, more is needed from IPOA to ensure officers responsible serve as an example to others who would attempt such infringements. These attacks might be indicative of a lack of understanding and limited knowledge especially on the part of the police about the work of journalists and their responsibility to society.
While MCK has implemented a good number of engagements to promote better relations between police and journalists, more still needs to be done. This has been carried out under the media and information literacy programme. Concerted efforts and conversations should be undertaken across the country to improve the poor relationship.
A journalist, like a teacher or a nurse, should feel safe and free in their line of work and does not have to flee every time they spot a policeman. Perhaps, MCK needs to scale up the media literacy efforts among key government institutions, even as judicial options are pursued.
The calls for an end to attacks on journalists will only get louder and hurt the reputation of the National Police Service. NPS should be at the service of all Kenyans, catalysts but not inhibitors of progress. Let these attacks be the start of the journey towards a sustainable module to curtailing rising infringements by the police. It requires collaboration of the NPS in creating an opportunity for a free press, as the media industry seeks to scale up its impact.
