COMMUNICATION AND HUMAN RIGHTS GROUP 7
ASSIGNMENT.
RIGHTS AND FREEDOMS OF THE PRESS
GROUP MEMBERS
1. EMMA AKINYI ONDITI K59/35142/2013
2. MANDLA OSUMA K59/5207/2021
3. PENINNAH NZOMO K59/5153/2021
Rights and Freedoms of the press
Journalists play a pivotal role in shaping informed societies by reporting news, uncovering
truths, and holding those in power accountable. Their work ensures transparency and fuels
democratic processes. However, the rights that enable journalists to operate freely and effectively
are often under threat, especially in environments where powerful interests seek to suppress
critical reporting. In Kenya, despite constitutional protections, journalists regularly encounter
obstacles ranging from censorship and restricted access to information to harassment, arbitrary
arrests, and physical violence. This paper delves into twelve fundamental rights of journalists,
examining how these rights are crucial for a free press and providing detailed examples of how
they are routinely violated in the Kenyan context, undermining the essential role of journalism in
society.
1. Freedom of Expression
Journalists have the right to express opinions, report facts, and critique society and government
without fear of retaliation.
Violation Example: In 2021, Kenyan journalist Yassin Juma was arrested while covering protests
against Ethiopia’s government. Although his reporting was not critical of the Kenyan
government, his case illustrates the broader risks journalists face when expressing themselves.
Juma was detained for months without trial, underscoring the limitations placed on journalists,
especially when covering sensitive subjects across borders.
2. Right to Access Information
Journalists are entitled to access information held by the government or other bodies to provide
accurate information to the public.
Violation Example: The lack of transparency surrounding COVID-19 funds allocation in Kenya
highlighted challenges journalists face in accessing information. Journalists trying to investigate
alleged misuse of pandemic funds encountered government roadblocks and unresponsive
officials. This restricted access hindered their ability to report fully on how funds were being
used, especially regarding PPE supplies and testing capabilities.
3. Protection from Arbitrary Arrest and Detention
Journalists should not be arbitrarily arrested or detained for performing their duties.
Violation Example: In 2020, Boniface Mwangi, an activist and journalist known for covering
corruption, was detained following his work that exposed police misconduct. Mwangi’s arrest
raised concerns that arbitrary detentions were being used to intimidate those who criticize
government institutions, sending a message to other journalists about the risks of investigative
journalism in Kenya.
4. Right to Privacy and Protection of Sources
Journalists have the right to protect the identity of confidential sources, enabling whistleblowers
to come forward without fear of exposure.
Violation Example: In 2019, Kenyan journalist John-Allan Namu reported that the police
demanded he disclose sources for an investigative piece on extrajudicial killings. Although he
resisted, the pressure to reveal his sources underscored how easily journalists can be forced into a
position where they have to choose between protecting their sources and their safety.
5. Right to Work Without Harassment
Journalists should be able to perform their work without facing harassment, intimidation, or
threats.
Violation Example: Female journalists in Kenya face persistent harassment, particularly online.
For instance, journalist Linus Kaikai reported that he faced harassment and intimidation online
after reporting critically on powerful politicians. Many female journalists are subjected to
misogynistic remarks and threats, especially when reporting on issues such as women’s rights or
political corruption, which not only affects their careers but also mental health.
6. Right to Physical Safety
Journalists have the right to be protected from physical harm in the course of their duties.
Violation Example: During the 2017 elections, several journalists, including television crews,
were physically assaulted by the police while covering election-related protests. Journalist
Duncan Khaemba was attacked and suffered injuries while reporting live from the field,
underscoring the risks journalists face when covering political events. Such incidents discourage
journalists from reporting on events where their safety could be compromised.
7. Freedom from Censorship
Journalists should be able to report and publish information without government or corporate
censorship.
Violation Example: In 2023, the Kenyan government imposed restrictions on media coverage of
protests and demonstrations, often labeling such reports as “inciting violence.” Editors were
warned against running certain critical stories that the government felt could lead to unrest,
prompting self-censorship in media houses. For instance, during investigations into police
brutality, reports were either diluted or left out of the news entirely due to pressure from
authorities.
8. Right to Equal Access to Events and Opportunities
Journalists should be granted equal access to press briefings, events, and opportunities,
regardless of their affiliation.
Violation Example: Journalists from smaller independent outlets or foreign-based publications
often report that they are denied access to government press briefings. In one incident, journalists
from Nation Media Group, known for its critical stance, were restricted from attending a
government press briefing on security issues, limiting their ability to report comprehensively.
9. Right to Freedom of Movement
Journalists should be able to move freely to access places where news events are happening.
Violation Example: During the 2022 election season, journalists covering protests in certain
counties reported that they were blocked by security forces from accessing key areas. One
incident involved journalists being turned away from covering a protest in Kibera after police set
up barriers. These restrictions undermine the ability of journalists to provide comprehensive
coverage and contribute to an information gap in the public’s understanding of events.
10. Right to Be Paid Fairly and Timely
Journalists have the right to fair and timely payment for their work.
Violation Example: Freelance journalists in Kenya frequently face delayed payments, especially
when working with smaller media outlets. For instance, in 2021, freelancers at The Standard
reported waiting several months to be compensated for published articles. This financial
instability limits the ability of journalists to pursue long-term investigative projects and affects
the quality of journalism.
11. Right to Participate in Decision-Making Processes
Journalists should be involved in policy discussions that affect their profession, ensuring their
rights and challenges are considered.
Violation Example: When Kenya passed the Cybercrimes Act, which criminalized certain online
activities, journalists were concerned about how it would affect digital reporting. However, the
media was not consulted meaningfully in the drafting of this law, which raised concerns that the
law could be used to target journalists reporting on government officials or other powerful
entities online.
12. Right to Training and Professional Development
Journalists should have the right to access continuous training and professional development.
Violation Example: Limited funding for media training in Kenya restricts journalists from
obtaining ongoing professional development, especially those outside Nairobi. While large
media organizations provide training to staff, many rural journalists lack access to updated skills,
such as digital reporting techniques. This gap leaves them at a disadvantage when covering
complex topics such as investigative stories involving data or international issues like climate
change.
For Kenya to thrive as a democratic nation, it is crucial to address these challenges. This requires
a multifaceted approach: stricter enforcement of existing laws, punitive measures for those who
violate journalists’ rights, and greater support for media houses to ensure fair pay and safe
working environments. Civil society organizations and international watchdogs must also play a
more active role in advocating for press freedom and holding violators accountable. Furthermore,
empowering journalists with training on digital security and legal rights will enhance their
resilience against modern threats like cyberbullying and hacking.
Ultimately, safeguarding the rights of journalists is not just about protecting the media; it is about
upholding the principles of democracy, ensuring government accountability, and fostering an
Informed citizenry. By addressing these systemic issues, Kenya can strengthen its democracy and
ensure that journalists continue to play their critical role as the voice of the people and the
watchdogs of society.