How free is Kenya's media?

Nairobi - Gitobu Imanyara, a lawyer-turned-publisher of The Nairobi Law Monthly, a newspaper at the forefront of the democratic struggle in Kenya, and its successor The Nairobi Law Weekly, has lived through immense changes in the political landscape of Kenya. Under the regime of President Daniel arap Moi in the early 1990s, Imanyara was arrested several times because of his opinions, and his newspapers were banned. In 1991, in recognition of his work, he was awarded the WAN Golden Pen of Freedom Award.

RAP 21 spoke to Imanyara about the challenges of publishing and the state of press freedom in Kenya.

RAP 21: You began your career as a human rights lawyer in Kenya before you went on to found the Nairobi Law Monthly and the Nairobi Law Weekly. What led you into the field of journalism?

Imanyara: I am a licensed lawyer with no formal training in journalism. I always had the desire to become a journalist, but at the time of my studies, there were no courses available in journalism. Law was the next best option to journalism. As a lawyer, I was involved in many human rights cases, and defended many politicians who were banned by the government. This landed me in trouble with the authorities and I was arrested, jailed, and even banned from law. During one of my prison terms, I conceived the idea of a human rights publication that would expose the abuses of the judicial system at the hands of the government. As a lawyer, I had seen how many people were sentenced to prison terms for crimes they never committed, and how the justice system was being used for political means. Often, the public assumed that because those sentenced had gone through the judicial system and were convicted of a crime, they must be criminals. When I was released from prison in 1987, I began the publication I envisioned, the Nairobi Law Monthly, in attempts to expose government abuses of the judicial system, to offer a forum of public debate on the crisis of constitutional rights in Kenya, and to show that not all people sentenced were actually criminals.

RAP 21: What challenges have you faced in publishing the Nairobi Law Monthly and The Nairobi Law Weekly?

Imanyara: The Nairobi Law Monthly began during a time of a one-party system in Kenya. Many journalists were forced into self-censorship, but I refused to succumb. As a result, the offices were often raided and eventually banned. The repercussions of these raids had lasting effects. I would publish 10,000 copies, prepare to distribute the editions, then would be raided by authorities and lose everything. As a consequence I lost money and ran into huge debt. Even today, if I were to resume publication, my past debts would resurface, and any profit would be lost to paying past debts, despite the change of regime. The Nairobi Law Monthly has been suspended for the past year and a half because of these financial problems.

We are trying to organize funding and raise capital that would enable us to resume publication.

RAP 21: What has happened to the staff at the Nairobi Law Monthly now that publication has been suspended?

Imanyara: The staff members have now all now gone different ways. At one point however, we had 20 staff members, the highest number ever, but most often we had three permanent staff members. Others would come in at random. At the time however, the Nairobi Law Monthly was a training ground for journalists. We had many interns, and now a great number of the editors practicing in Kenya worked at one point at the Nairobi Law Monthly. We even had students from American universities working for us. In a sense, it was a media laboratory where people would come to learn. I look forward to seeing this pick up again.

RAP 21: With the exception of a few recent alerts, observers have noted a pluralistic press in Kenya compared to other African countries. How do you perceive the current situation of the press?

Imanyara: Although journalists are no longer imprisoned and newspapers are not being banned, media practitioners in Kenya today are still facing problems as extreme as before. The independent press present in Kenya is inflicted with severe self-censorship. Therefore, in reality there is no free press. If you look closely at the most successful private publications, they have connections to the government. In addition, the largest newspaper groups receive large amounts of funding and advertising from the government. The result is that you do not get an alternative view. Independent news outlets or objective newspapers that publish without fear are rare. It is difficult to find newspapers that publish with multiple sources. At times, the government even plants stories and pays newspapers to publish favourable articles. In Kenya today, we have a situation where you don't see people arrested and jailed because of what they publish, but problems persist. The pressures are different from what they use to be, but they are aimed at silencing the press, and remain essentially the same.

As you said, there have been recent alerts that have alarmed some observers. There are now government attempts to further restrict press freedom, including a media bill presented by the government requiring journalists to be registered. As Kenya is preparing for the next elections, this legislation is only another attempt at the hands of the present government of suppressing press freedom. This law may not go through, but it shows the lengths the government is willing to go to control the press.

RAP 21: How does the self-censorship you described take shape?

Imanyara: Self-censorship comes in many forms. When you look behind some of the privately owned media in Kenya, you will see that it is not private at all.

Direct censorship happens as a result of the media ownership. For example, the Standard media group, the main media house that runs Kenya's largest circulation newspaper, radio and now television, is owned by the former president's family. They also receive large amounts of advertising revenues from the government. Consequently, you will see that critical stories concerning the government are not on the front page, or they tend to be slanted. The aim is always the same: to silence the media, suppress freedom of expression, and prevent anyone from exposing government corruption.

Right now there is a high-level corruption, but censorship prevents this from coming out.

RAP 21: Given what you said about press freedom in the country, why do you think there is a misconception of the situation of the press in Kenya?

Imanyara: Unlike 10 years ago, journalists are not being jailed. I am surprised that even among media professionals across the continent, the situation in Kenya is not understood. I believe this is a result of the use of self-censorship. It is difficult for outsiders to see the restrictions on freedom of expression. The media also neglect to publicize issues of press freedom, and give little coverage themselves to the infringement on their freedoms. You don't see Kenya under the international microscope because the government has succeeded in depicting a picture of a free press. This is an example of how sometimes the worst abuser of press freedom can be the press itself.

The last time there was a really serious assault was when the First Lady assaulted my client Clifford Otieno. The First Lady, who was upset with The Nation's coverage of her family came to the station's offices, and attempted to confiscate videotape and other devices. Because Clifford's video camera was still rolling and because she recognised him as a reporter who had covered other stories about her, she assaulted him in front of a number of witnesses and damaged his camera. He was forced to flee the country and is now residing in South Africa, facing tremendous difficulties even there.

RAP 21: How do you think these problems can be addressed?

Imanyara: The civil society is very strong in Kenya. With regard to the bill being presented in Kenya, because it is coming at a time when the election is approaching, it has been a rallying point for the opposition. So we are allies in the cause for different reasons.

With regard to economic struggles, traditionally aid has been given to help. However, the system of funding is something I believe needs to be re-evaluated. When sources of funding like media endowments and funds run out, the media are left searching for more in order to survive. The focus should shift from aid to developing media. I think that funds such as the Media Development Loan Fund are taking a greater step in changing the picture in Africa for the better by not just giving money, but actually supporting development so we can sustain on our own eventually. In general however, we need to rethink the way to support media.

Source: IFEX