Politricks, Press Freedom, and the Proverbial “Canaan” in Kenya – A Local Insight

Orange democratic movement supporters in Kenya. Photo courtesy of DEMOSH via Flickr Commons. 

Politics is indeed a tricky affair judging from the recent "Golden Handshake" between political giants and arch-rivals, with Uhuru Kenyatta and Raila Odinga marking the end of the prolonged electoral crisis in the country. The newfound friendship has rebounded the stock exchange, revamped tourism, and excited foreign investors who are now optimistic of rainy days ahead.[1]  However, will the gesture provide an impetus for the much-needed constitutional democracy, and guarantee civil rights and liberties in a way that will lead Kenyans to Canaan?[2]

The Kenyan Constitution protects freedom of expression and freedom of the press, including the right to receive and impart information under Article 33 and 35.[3] However, the latest media crackdown by the government shut down three mainstream television channels for more than one week, being a threat to freedom of expression and a direct violation of the constitution. This was done in an attempt to contain the situation that emerged out of the prolonged electoral crisis in 2017. The latter brought about fears of a repeat of the 2007 post-election violence due to the large-scale violence that was witnessed — mostly in opposition strongholds — after Uhuru Kenyatta was declared president following the controversial elections on August 8, 2017. Furthermore, the opposition rejected the 2017 presidential election on August 8, 2017, leading to a Supreme Court ruling that nullified the elections, and prompted a new election on October 26, 2017. The results, largely boycotted by the opposition, and upheld by the same Supreme Court of Kenya, has set precedence for a chaotic jurisprudence that has left the country in a crisis.

The Daily Nation newspaper, a subsidiary of a station shut down by the government, the Nation Television, reported the media shutdown in a headline entitled: "Switch-off a Throwback to Dark Days of the Past," which expressed disappointment over the shutdowns. The paper argued that:

"While Kenya has one of the freest media spaces on the African Continent, it has intermittently faced repression from the government…In the 90's the government had an atrocious reputation as a muzzler of the press…the free press of 1994 criticized the government of what it called blatant harassment and persecution of journalists through relentless abuse of the legal machinery and use of police."[4]

In the 1990's there was little press freedom largely because Kenya was making a transition from a one-party state to a multiparty democracy. Since the harassment of journalists was happening in the advent of multiparty democracy one would have expected that 17 years down the line the media would have a more liberal working environment and that Kenyans would be enjoying an advanced democratic culture.

Sliding Back to Dictatorship?

Sadly, the country risks retreating back to dictatorship if freedom of expression and press freedom continue to be violated. The Communication Authority of Kenya (CAK) turned off four mainstream television stations to prevent Kenyans from watching the swearing in of opposition leader Raila Odinga, also known as "The Peoples President," citing security concerns.[5] The High Court of Kenya repealed this decision. This action showcased the government's disregard for the rule of law, which poses risks for the country's political framework as it could revert back to the "dark days of the past." The government succumbed to local and international pressures that called for the return of the television stations and respect for freedom of the press. Nevertheless, it is alarming how the government ignored the ruling which in turn created unchartered political waters.

The conduct of the government in the 2017 elections was characterized by fraud, violence, and human rights abuses, as evidenced in the resignation of Independent Electoral Commission (IEBC) officials and the current pressure for the resignation of the IEBC chairman.[6] This fraud coupled with intimidation targeted at the judiciary, and the media shutdown, leaves Kenya in a volatile situation regarding its democratic framework. Which if not well handled, could lead to the darkest moment in the country's history.

Social Media as the Mainstream News

However, in an environment where the media is largely influenced by the state, citizen journalism has become popular and has replaced traditional media with social media. For Kenya in particular social media has become an avenue and space where citizens engage in uncomfortable discussions that could impact their democratic dividends. Kenyans are increasingly relying on social media, as seen in the 2017 general elections and repeat presidential elections, where they vocalized differing views.

Even though privately owned media is quite visible and robust, its role is increasingly becoming questionable, as elite politicians and businessmen have influenced its agenda making it an untrustworthy alternative platform.[7] Consequently, Kenyans are beginning to lose faith in mainstream media given the increasing usage of social media, especially during electoral power transitions. As seen in the disputed 2007 general elections, which led to a power sharing deal that formed the new constitutional dispensation in 2010, ushering in a shaky constitutional democracy.

Shaky Constitutional Democracy

It is the 2010 constitution that seems to haunt the incumbent political class in Kenya's quest for electoral democracy, and it is evident that political class applies the constitution selectively. For example, when the Supreme Court of Kenya ruled in favor of Uhuru Kenyatta in the 2013 controversial elections Kenyatta asked the opposition to respect the rule of law (the ruling), accept it, and move on. In 2017, when the Supreme Court nullified his election, the president first refused to accept the ruling and intimidated the judiciary, and second accepted the ruling while attacking and threatening to revisit the members of the judiciary.[8]

The 2013 Supreme Court of Kenya ruling that upheld the victory of Uhuru Kenyatta paved the way for more advanced jurisprudence in 2017, which encouraged the Supreme Court of Kenya to nullify the election of Uhuru Kenyatta, ordering fresh elections that will be conducted in accordance to law. However, the 2017 landmark ruling was further watered down due to the court's failure in presiding over a crucial case the day before the repeat presidential elections on October 26, 2017. The case was on the legality and the implications of Raila Odinga's withdrawal due to the judiciary failing to raise a quorum of the required number of judges to rule on the case, which many suspected as state (executive) induced intimidation. The repeat elections could have had a different outcome if the judiciary examined the merits and demerits of that case.

Conclusion

The media could play a more proactive than reactive role in the electoral process. The local mainstream media in Kenya, like in many other African countries, seems to fall victim to political-economic and cultural structures that will continue to define its modus operandi for years to come. The conversation should, therefore, shift from news content about what is being represented, and the inherent bias, to discourses about media diversity and plurality in media ownership. Kenya's media ownership environment is largely dominated by political elites who understand the powerful role of media in influencing public perceptions and political views, and therefore, use these media platforms to sell their political agendas. Although chances of liberalizing the media in Kenya in terms of diversity and plurality is tricky, the promise of achieving some level of media plurality in the country seems to be alive and kicking through alternative forms social media and community media, which ought to be supported, and at the core.

Fredrick Ogenga, Ph.D., is a former Southern Voices Network for Peacebuilding Scholar. He is the Head of Department of Communication, Journalism and Media Studies, Rongo University and the Founding Director, Center for Media, Democracy, Peace and Security (CMDPS), Kenya.

[1] Leonard Onyango, "Handshake Has Got Nothing to Do With 2022, Uhuru Kenyatta Says," Daily Nation,  April 18, 2018.

[2] Canaan was used in last year's presidential elections by the National Super Alliance opposition coalition during the campaigns as a metaphor of a better Kenya akin to the biblical Canaan, a land full of milk bread and honey. For Kenyans, Canaan means better health, education, jobs for the youth, press freedom, respect for human rights, more civil liberties (democracy), and above all a united Kenya free of ethnicity and corruption.

[3] Kenya Law Reform Commission, "Constitution of Kenya," accessed April 18,  2018, http://www.klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundamental-freedoms/200-34-freedom-of-the-media.

[4] Kennedy Kimanthi, "Switch-off a Throwback to Dark Days of the Past," Daily Nation, February 1, 2018. 

[5] Kelvin Kelley, "UN Asks Government to Respect Press Freedom," Daily Nation February 3, 2018.

[6] Fay Ngina, "Mixed Reactions After Three IEBC Officials Resign," Standard Media, April 16, 2018.

[7] Fredrick Ogenga, "Kenya's Media, Regional Economic Blocs' Politics and their Emerging Influence on Power Transitions in Individual African States, "Congo Afrique (December 2017): 107-124.

[8] Sunday Nation Team, "Jubilee Onslaught on the Judiciary to Intensify," Daily Nation, February 18, 2018.