Nairobi — Freedom of the Press is the guarantee to news gathering and processes involved in obtaining information for public distribution. A free Press should not be subjected to compulsion from whatever source, Government or social, external or internal.

Press freedom is thus a basic human right. The Universal Declaration of Human Rights says: "Everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers."

The Press also serves as a necessity for Government. It is the fourth branch alongside the Executive, Legislature and Judiciary. To quote Edmund Burke: "Three estates in Parliament, but in the reporters' gallery yonder, there sat a Fourth Estate far more important than them all."

When Kenya attained independence in 1963, the nation's media remained colonised for nearly 20 years. By the time founding President Jomo Kenyatta died and during the first term of former President Moi, the media were fully anchored in the thinking of authoritarian rule.

It was only in the mid 1980s that the so-called alternative Press' attempted to publish more, culminating in the gallant attempt to reinvent itself during the struggle for multi-partism in the 1990s. Even then, the mainstream media remained cautious and on the sidelines. It was publications such as Finance, Nairobi Law Monthly and Society that led the way. Only later did FM radio stations such as KISS and Citizen came to the scene.

By the 2002 General Election, the media had come of age and varied opinions and divergent views received reasonable coverage. Both Nation and Standard groups were the homes of competing parties and opinions. Given this history and the role the media have played in the achievement of fundamental rights enshrined in the Constitution, the political class must be vigilant to protect and safeguard the gains on behalf of the people.

Although the media scene has remained vibrant, there have been instances of extra-legal intimidation as recently as last year. In February, police raided the premises of the Weekly Citizen and Independent newspapers when they carried articles about power struggles within the presidency.

The same month, an editorial cartoonist with the Daily Nation, Godfrey Mwapembwa (Gado), was threatened with legal action after featuring the Justice and Constitutional Affairs minister over the Anglo-Leasing corruption scandal.

In an unprecedented move, the offices of The Standard were raided in March following the arrest of three journalists in connection to a story of political intrigue in Government. About 20,000 copies of the March 2 issue were seized and burnt, printing equipment vandalised and computers confiscated.

The Kenya Television Network, also owned by the Standard Group, was also shut down. The police action provoked local and international outrage, and came two days after Information and Communication minister Mr Mutahi Kagwe had issued a warning against media abusing press freedom.

National Security minister Mr John Michuki told journalists that the raid was carried out to protect State security, adding: "If you rattle a snake, you must be prepared to be bitten by it."

Although the number of private media has risen in the recent past, the public broadcaster, Kenya Broadcasting Corporation, remains dominant outside the major urban centres, and its coverage still favours the Government in power.

This is why we must guard against temptations to enact laws or promulgate regulations that affect or compromise professionalism, independence and integrity of the media.

On a positive note, however, there has been a significant expansion of FM radio, particularly ethnic stations, increasing public participation and commentaries through call-in shows.

As the country's economy grows, social development and political maturity must remain alive to the fact that none of this can be sustained in the absence of a free and vibrant media. Indeed, the challenge that faces us is to accord all an opportunity in a bipartisan approach.

Given the critical role the media play - watchdogs, messengers of information, civic educators and 'checks and balancers' of the three arms of Government - they should be strengthened, not weakened. The media are markets of ideas and this is what needs to be nurtured. It is the trend in the developed world.

Media practitioners should be able to facilitate self-regulation. However, the public must have access to a credible complaints body and the High Court through the laws of libel and defamation. Modern nations have chosen to walk the path of self-regulation, with governments playing only the role of paving the way. These experiences have become the standard measure and practice.

In this model, the State merely provides a legal framework for self-regulation - the establishment of an independent media council. We should borrow from international experience and knowledge. An example is the Independent Press Commission of the UK and Canada.

The approach is to capture the principles of media and guaranteed freedoms and the nation's values. The political class should allow the media to operate without let or hindrance. In media language, responsible media need independence and autonomy.

The writer is an ODM-Kenya presidential aspirant and Lang'ata MP