By Leo Mutisya and ghost writer
In conflict reporting, journalistic laws and ethics primarily focus on protecting civilians and journalists, ensuring accurate and objective reporting, and avoiding glorifying violence or promoting harmful stereotypes. It is worth noting that reporters are considered civilians and are, therefore, entitled to protection.
Since this is stipulated under international humanitarian law, it should affect both the conflicting parties and the security institutions. While journalists heed accuracy, objectivity, and balanced reporting, all the other parties should consider protecting journalists in the perilous field.
Instances when the law is broken are just a blink away from sight, demanding actions of accountability without exception. Journalists are not excluded from the wrath of discipline, nor are the security enforcers.
Whenever those who attack journalists are not subjected to any consequences, it emboldens attacks and failure by duty bearers to act is tantamount to abetting impunity against media and journalists. After all justice delayed is justice denied. Granted.
In recent weeks several outlets have published and broadcast stories on the lack of action against those who meted out violence against journalists who turned out to cover the arrest of former Kakamega Senator Cleophas Malala. Reportedly, Malala authored a play which was being performed by Butere Girls, and he had apparently gone to ‘supervise’ the final rehearsals. We are told he was blocked from entering the school as he was blocked from leaving.
In the call of duty, journalists were caught up in the ensuing melee. Consequently, enormous evidence shows how the police treat journalists as second-class citizens, sometimes like rats that must be eviscerated. Fact. This happened and police seemed overjoyed hurting members of the press. It is just plain horrible and other adjectives!
However, when journalist demand justice, they are expected to follow the laid down procedure, just like other citizens who have a right to protection. Justice cannot just drop from heaven. It is therefore disheartening when a journalist fails to record a statement for an incident to be investigated but believes he/she deserves justice. “One of the officers slapped me twice. But I didn’t record a statement because I have no faith in IPOA. We’re tired of being statistics.” One Robert Maina is directly quoted in one of the stories published on April 20th.
While the intervention by the police is most brutal, this refusal by the journalists to perform their civic duty is most disconcerting for obvious reasons.
First, only mob justice is instant. To expect immediate justice is to encourage mob justice, a horrible illegal closure. Journalists need to be patient and while they may not have faith in IPOA or Kenya’s criminal justice system, they should still give it a chance.
Over the years we have learned that investigating members of the police service is a difficult undertaking wrought with coverups and counter coverups of colleagues by colleagues and their seniors. The ongoing case of Baby Pendo does not encourage us even a bit, but we remain hopeful. This hope should pervade among Nakuru journalists. For if we lose hope, what next? Giving up means empowering a rogue system to continue doing what it so wishes and getting away with it.
Secondly, there are ways of holding institutions like IPOA accountable. Those statistics that the journalists do not want to become will matter at that point in time. Because we will have the opportunity to ask – ten of us recorded a statement say three months ago, what did you do with it? We must therefore record those statements, give IPOA investigators adequate time and then come back for answers, status reports etc.
Years ago, before digital media became as influential as today, we spoke of string letters as an advocacy tool. But today, fortunately, we have immense power in the digital media and in a liberal constitution. Individual journalists and the media fraternity can do so much with these opportunities, to pressure for action. Such evidence if properly gathered and channelled can have the strength of getting IPOA disbudded. But imagine a situation where victims shy away from doing the basic patriotic duty – record a statement. IPOA officers will continue earning salaries at our expense!
Third, IPOA can only investigate. Everybody now knows that prosecutorial authority lies with the Director of Public Prosecution. But we must be reminded that we can only establish status after we file the complaints.
Finally, it is a civic duty to report criminal acts. We are a country governed by law. Press freedom as well as freedom of expression are guaranteed de jure. The Media Council Act, 2013 provides for protecting the privileges of journalists. Such provisions should give Nakuru-based journalists hope. All that is required is to record a statement with IPOA, let the responsible institutions perform their duties, and follow up by reporting on the progress or lack of it – thereby holding the institutions responsible to account.
Remember, that record is the official documented evidence of the omission or commission by the police. It is the beginning or a short or a long process to finding justice. Please, proceed and do the necessary. Let all journalists and media workers who are injured or threatened in the line of duty file as many reports with the police and IPOA as possible because when justice reigns, it will reign supreme.
The author is the current manager press freedom and advocacy at the Media Council of Kenya.
