Twenty years after the Windhoek Declaration on press freedom

Kenya: Gains since <strong>the</strong> <strong>Windhoek</strong>
<strong>Declaration</strong>
By George Nyabuga
Dr George Nyabuga is <strong>the</strong> Associate
Director at <strong>the</strong> School of Journalism
and Mass Communication, University
of Nairobi. He has previously worked
as a journalist.
82 | Media in Africa - 2011
Much has changed in <strong>the</strong> Kenyan
media scene since 1991. The most
cited change is <strong>the</strong> constitutional
protection of media freedom. Article
34 of <strong>the</strong> new constitution promulgated
on 27 August 2010 states,
inter alia, that “Freedom and independence
of electronic, print and all
o<strong>the</strong>r types of media is guaranteed”.
Section two of <strong>the</strong> article emphasizes:
“The State shall not:
• exercise control over or interfere
with any person engaged in
broadcasting, <strong>the</strong> production or
circulation of any publication or
<strong>the</strong> dissemination of information
by any medium; or
• penalise any person for any
opinion or view or <strong>the</strong> content
of any broadcast, publication or
dissemination.”
Section three of <strong>the</strong> article says:
“Broadcasting and o<strong>the</strong>r electronic
media have freedom of establishment,
subject only to licensing procedures
that:
• are necessary to regulate <strong>the</strong>
airwaves and o<strong>the</strong>r forms of
signal distribution; and
• are independent of control by
government, political interests
or commercial interests.”
Section four notes: “All state-owned
media shall:
• be free to determine independently
<strong>the</strong> editorial content
of <strong>the</strong>ir broadcasts or o<strong>the</strong>r
communications;
• be impartial; and
• afford fair opportunity for <strong>the</strong>
presentation of divergent views
and dissenting opinions.”
The Constitution of Kenya 2010 was
<strong>the</strong> culmination of many <strong>years</strong> of
struggle for good governance, rule
of law and justice. It is especially
critical for <strong>the</strong> media considering
that freedom of <strong>the</strong> press is often
critical to safeguarding against bad
governance and tyranny. This is also
directly in line with <strong>the</strong> provisions
of <strong>the</strong> <strong>Windhoek</strong> <strong>Declaration</strong> that
African states should “provide <strong>the</strong>
constitutional guarantees necessary
for press freedom”. In this sense,
Kenya seems to have taken up
<strong>the</strong> gauntlet, albeit that this took
almost 20 <strong>years</strong>.
Since Kenya became a multi-party
state in 1991, <strong>the</strong> media have enjoyed
greater freedoms compared
to <strong>the</strong> 1980s when <strong>the</strong> clampdown
against recalcitrant journalists and
media was at all-time high. During
<strong>the</strong> 1980s, it was almost impossible
for companies, organisations or individuals
deemed ‘independent’ to
get licences especially for broadcast
media to broadcast outside urban
areas.
This was based on <strong>the</strong> warped view
that <strong>the</strong> support base of most of <strong>the</strong>
<strong>the</strong>n-government, and specifically
President Daniel arap Moi, was
rural Kenya where 80 percent of
<strong>the</strong> population lives, and that
independent broadcasting to <strong>the</strong>se
people would dilute that support.