Persecution of scribes a threat to democracy

The capacity of journalists to effectively play their watchdog role is predicated upon their ability to investigate issues and report them without fear of intimidation, harassment, arrest, persecution or prosecution. However, that journalists around the world are increasingly facing persecution and prosecution merely for doing their work is not a secret.

In fact, many autocratic and pseudo-democratic states keep journalists under constant watch, and regularly intimidate, threaten or harass them as a part of their strategies to silence them, to stop their investigations and publication of what is perceived as damaging reports.

In Kenya, recent reports indicate that journalists across the country are increasingly under pressure to toe the line, and stop being ‘overzealous’ in their effort to investigate criminality, scandalous behaviour, corruption and other serious political, corporate and other malpractices and excesses.

Harassment

The arguments above come in the wake of the arrest, harassment, intimidation and attempted prosecution of the Nation’s Walter Menya. According to reports, Menya was arrested for “soliciting a bribe to write a damaging story”.

However, there are suggestions that his woes are as a consequence of writing an article the Friends of Jubilee Foundation in the Sunday Nation of June 17, 2017. In the article entitled Civil servants in JP foundation want to ‘alleviate poverty’, Menya wrote that “three top public officials are among the registered officials of a Jubilee campaign lobby that describes itself as a public service organisation despite questions being raised on their role” and that the Foundation includes “who’s who in the corporate world who are supporting the re-election of Uhuru Kenyatta and William Ruto” the president and deputy president respectively.

In a corruption-prone country like Kenya, the involvement of public officials in such political activities would undoubtedly undermine their credibility particularly because they are meant to serve Kenyans irrespective of their political views and affiliations.

Thus the involvement of Cabinet Secretaries, and top state officials like the Commissioner-General of Kenya Revenue Authority John Njiraini and Energy Principal Secretary Joseph Njoroge in political and party fundraising activities has serious implications not only on their continued stay in public office but also the tenability and neutrality of their positions in Kenya’s hotly contested, ‘ethnic’ and partisan politics.

Of course such officials can and are expected to have their own political views or even preferences. But to publicly demonstrate their support for particular candidates and political parties and initiatives makes their positions in government untenable.

Watchdog

Accordingly, to investigate and report on the activities of various state officials is within the mandate of the media and journalists. In fact, as I pointed out last week, it is fundamentally important in a democratising state for the media to play a more effective watchdog role, to be relentless and fearless in their investigations, in their pursuit for truth, however unpalatable and damaging that may be to certain actors, and publish it without fear or favour. In this context, Menya was right to pursue the stories.

And thus the arrest, harassment, intimidation and prosecution is seen as part of the professional hazards journalists encounter in a country like Kenya where some institutions, organisations and individuals see the media as an enemy, or where some are misused to settle scores.

Similarly, I have previously argued that corruption in the media is an albatross round the neck of clean and responsible journalists, editors, managers, media owners and others seeking to ensure the media play a critical role in society by playing an effective watchdog role by investigating and unearthing issues that (may) help in the cultivation of a transparent, accountable and responsible polity and democracy.

Thus racketeering, bribery and corruption undermines the integrity of journalism and its ability to hold public officials and leaders to account and midwife change.

Granted, we have often argued that journalists face numerous challenges, chief among them their safety and security.

Last year, UNESCO published a report titled ‘Supporting Safety of Journalists in Kenya: An assessment based on UNESCO’s Journalists’ Safety Indicators’ which argued that “Kenyan journalists face serious challenges in the course of their work ... . both State and non-State actors have contributed to a deteriorating climate for journalists.

The number of threats, incidents of harassment and intimidation as well as legal and personal attacks, have grown ... .” As the lead researcher working under the aegis of the African Media Initiative, I interviewed many journalists for the report. Many of them said that even though Kenya was relatively safe, they often felt intimidated in the course of their work. Some of the sources of the threats include employers or media houses unable to provide a conducive environment in which to work, State actors, members of security agencies, politicians and the corporate sector.

Protection

Indeed, as the case of Menya demonstrates, the state and politicians are increasingly threatening the safety and security of journalists despite Constitutional guarantees and protections. As a country that is interested in advancing constitutionalism and the rule of law, the arrest and prosecution (or maybe persecution!) of Menya shows how far some people and institutions are prepared to go in their attempts to intimidate the press.

At a time when the hunt for votes is intense, it seems the political elite are intent on silencing their critics, and the media become an easy target, particularly because they gives a platform and a channel for voices that seemingly threaten the positions (and winning chances and transactional leadership opportunities) of some politicians.

As former Rhodes University Professor and current UNESCO Director for Freedom of Expression and Media Development, Guy Berger, wrote in the foreword of the report, “societies rely upon public interest journalism for their supply of current information and knowledge. This is why UNESCO gives special attention to press freedom, which is based on the universal human right to free expression.

To be meaningful, however, press freedom requires that journalists should not have to fear being attacked for doing their job. Threats to the safety of those doing journalism amount to censorship by intimidation and force. The results are widespread self-censorship and a public that is deprived of the right to know.

The rule of law is weakened when citizens see the lack of protection and justice for those who use the right to free expression on a public platform.” I need not say more, but Kenya should not be allowed to go down that path, and the media and journalists should be resolute in their efforts to protect press freedom and ability to contribute to change and democracy.

The writer lectures at the School of Journalism and Mass Communication, University of Nairobi