Kenya: Freedom of Press in Jeopardy With Journalists in Crossfire in Kenyan Protests

15 August 2024

Nairobi — In the heart of Nairobi, as tear gas clouded the streets, the line between journalists and protesters blurred in the eyes of Kenyan law enforcement. A wave of anti-government protests, ignited by opposition to a proposed finance bill, has spiraled into violence, with journalists increasingly caught in the crossfire between police and protesters.

On March 27, 2024, as opposition leader Raila Odinga's convoy wound through Nairobi, reporters and photographers followed closely, documenting the unrest against President William Ruto's administration. Despite having their press credentials on display, they encountered hostility rather than protection. Outside Langata Police Station, officers deliberately targeted journalists from The Standard Group with tear gas canisters, even after they had identified themselves.

This violent crackdown wasn't confined to Nairobi. Across Kenya, journalists have faced brutal assaults, arbitrary arrests, and the destruction of their equipment. Despite having clearly visible press credentials, a police officer shot Catherine Kariuki, a female journalist from the Rift Valley, in the leg in Nakuru. The incident, captured on camera, left no doubt about its deliberate nature. The Kenya Union of Journalists (KUJ) swiftly condemned the attack, demanding a thorough investigation and accountability.

The grim reality is that Kenya, ranked 102nd on the World Press Freedom Index by Reporters Without Borders (RSF), is witnessing a severe erosion of media freedoms. Despite the country's diverse media landscape, many outlets are under the control of politicians or people who are closely associated with the government, which fosters a culture of fear and self-censorship.

As protests continue, so too does the violence against those tasked with documenting them.

"We are opposed to media censorship and the government's attempts to dictate what should be aired. Media freedom is guaranteed under the constitution, but the government is increasingly interfering," says Zubeidah Koome, president of the Kenya Editors' Guild.

The case of Catherine Kariuki, who remains without justice despite clear evidence, has become emblematic of the broader crisis. RSF has referred the matter to the Independent Policing Oversight Authority (IPOA), but the lack of response has only deepened concerns about accountability.

The threats to press freedom in Kenya extend beyond physical violence. Reports have surfaced of government threats to shut down the Kenyan Television Network (KTN) after it aired footage of protesters storming Parliament. The channel eventually ceased operations, citing financial strain amid the ongoing economic crisis. Insiders, however, suggest that senior officials from the Communications Authority ordered television signal carriers to switch off KTN in a blatant attempt to suppress media coverage.

The International Federation of Journalists (IFJ) joined KUJ in condemning these actions, labeling them a disgraceful attempt to stifle press freedom and deny Kenyan citizens access to information. IFJ General Secretary Anthony Bellanger urged the Kenyan government to investigate the brutalization of journalists and hold those responsible accountable.

Parliamentary reporter Elizabeth Mutuku echoed these concerns, recounting the fear she and her colleagues felt after being labeled criminals for simply doing their jobs.

"Our greatest mistake that day was showing Kenyans exactly what transpired. Some of us were labeled as criminals, and we were told that investigations are ongoing. We're left wondering what investigations they're conducting," Mutuku said.

Freedom of the press is enshrined in Kenya's 2010 constitution, yet over 20 acts and laws regulating journalism challenge the basic principles of press freedom. The 2018 Computer Misuse and Cybercrimes Act, for example, prescribes up to 10 years in prison and a fine of Ksh 40,000 for disseminating information deemed to be fake news likely to incite violence.

Amnesty International, in its 2024 State of Media Freedom analysis, highlighted that the intentional disruption of internet connectivity and the enactment of stringent security laws are part of a broader strategy to silence the media and control the flow of information. Despite earlier assurances, internet access was temporarily disrupted nationwide during the protests, depriving millions of Kenyans of real-time information about the unfolding events.

The threats against journalists in Kenya mirror the challenges faced by their counterparts in neighboring East African countries, where journalists are subjected to threats, harassment, intimidation, beatings, arbitrary arrests, and prosecution. For instance, in February of last year, a Mogadishu court sentenced journalist Abdalle Ahmed Mumin to two months in prison for allegedly disobeying government orders.

In Ethiopia, Amnesty International reports that ongoing conflicts have led to the detention of at least nine journalists since August 2023, with five still in custody. Three of these journalists are facing terrorism charges that could carry the death penalty if they are convicted.

Dinah Ondari, a safety specialist with the Media Council of Kenya, questioned how the agency responsible for protecting press freedom could be violating it. "It's disheartening to see the frustrations journalists undergo. In Kenya, as a journalist, every time you express yourself, you watch over your shoulder to see who is targeting or following you," remarked Zubeidah Koome.

Among those who were targeted were Joe Muhia and Iddi Ali Juma of the Associated Press (AP), who were arrested and later released after being assaulted. In an incident captured on video, Standard Group video editor Justice Mwangi Macharia was arrested and violently hauled out of a moving police motor vehicle, sustaining physical injuries.

Nation Media Group's Taifa Leo reporter Sammy Kimatu was also thrown out of a moving police Land Rover and sustained injuries. Maureen Murethi (NTV) was also hospitalized after police aimed a canister at her as she covered the protests as well as the shooting of a female journalist, Catherine Wanjeri, in Nakuru, Rift Valley.

As Kenya teeters on the brink, the international community watches closely. Will the country uphold its democratic values, or will it succumb to the darkness of repression? The answer may well determine the future of press freedom in Kenya.

One notable incident was the mysterious assassination of renowned Pakistani journalist Arshad Sharif in 2022 in Nairobi. Kenyan police fired multiple shots at Sharif's vehicle, killing him. Last month, the Committee to Protect Journalists (CPJ) welcomed the Kenyan High Court's ruling that the 2022 killing of Pakistani journalist Arshad Sharif was unlawful. Angela Quintal, head of CPJ's Africa program, noted in New York that while the "verdict marks an important step towards ending impunity in this case, Kenyan authorities should ensure that genuine justice is achieved by prosecuting those responsible for Arshad's fatal shooting."

During this year's World Press Freedom Day, UN Secretary-General Antonio Guterres warned of the escalating dangers journalists face globally. In his address, he described journalism as an increasingly dangerous profession, with dozens of journalists covering risky themes having been killed in recent decades, and in the vast majority of cases, no one has been held accountable.

David Omwoyo, CEO of the Media Council of Kenya, addressed a recent government and media leaders' roundtable, emphasizing the need for a critical space for media freedom and democracy. "We need to stop branding the media as anti-government. The media should play its rightful role within the prescribed standards. Anyone fighting the media is out of order, given the critical place of media in democracy and governance," Omwoyo stated.

Zubeidah Koome further called for an end to attacks against the media.

"We remain relentless in our call to end the violence and threats against journalists. However, no substantial progress has been made, and the violence targeting the media continues to escalate. We hope that appropriate action will be taken against those attacking journalists. At the same time, the media industry must align ethical conduct with the current times."

Erick Oduor, Secretary General of the Kenya Union of Journalists, emphasized the need for all stakeholders to engage collectively in seeking solutions to the challenges facing the media industry, especially during these critical times in Kenya.

"Regrettably, the ongoing events in our media space continue to impact Kenya's World Press Freedom ranking. As media industry players, we are ready to engage with the government at all levels," he told IPS.

"The unfortunate events remind us that members of the National Police Service remain the weak link in Kenya's quest for freedom of expression and freedom of the media, as espoused in our Constitution. We call on the Inspector General of Police to rein in on his officers by ensuring that journalists are protected and not targeted for harassment while performing their duties in any working environment," said Omwoyo in a statement, hinting that so far, 24 cases of harassment against journalists during recent protests have been documented.

The International Press Institute (IPI), in its findings, reported that it had documented four cases of journalists killed in Sudan as of June 2024, with the killings carried out by the Rapid Support Forces (RSF). The journalists named by IPI include Muawiya Abdel Razek, who was killed in Khartoum along with his three siblings. Others include Makawi Mohamed Ahmed, Alaadin Ali Mohamed, and freelance journalist Ibrahim Abdullah.

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