Njoki Ndung’u
World Press Freedom Day is celebrated every year on May 3 worldwide. The day presents an opportunity to restate freedom of expression and of the media as a basic human right, and to pay tribute to journalists killed in the line of duty.
In Kenya, it was also a day to reiterate that our Constitution now provides for freedom of expression and a free media and the right to information.
However, a clear reading of the Bill of Rights ensures enjoyment of this basic right comes with responsibility and respect for other rights such as that to privacy and protection of citizens against untrue or misleading information.
Press freedom also does not include hate speech or incitement to hatred based on discrimination against a social class of persons.
Ultimately, the enjoyment of Press freedom then is a question of balance. This principle underlies the current discussions on the draft Media Bill, which includes an independent media council to monitor self-regulation and the professional code of conduct for accredited journalists.
For a greater sense of ownership, the debate on this Bill needs to be widely discussed in the public arena before it goes to Parliament.
It will be important to interrogate how the national values articulated under Article 10 of the Constitution will be integrated into the ethics and practice of the Kenyan media.
How do we test our Fourth Estate on the rule of law, social justice, good governance, integrity, transparency and accountability?
How does the media contribute to patriotism, national unity and sustainable development? As I watched the local festivities on Tuesday, I did wonder why we don’t acknowledge how our journalists have contributed to our history and growth as a nation. Why don’t we fete Salim Lone, Hilary Ng’weno and Mohammed Amin? When do we remember those who have died or been grievously harmed for their courageous stand in the fight for democracy?
Take for example Wallace Gichere, who in 1991 was thrown by police out of a three-storey building window in his house in Buru Buru in a crackdown during the Kanu days; he was left paralysed for life, finally dying in 1998. He needs to be nationally awarded posthumously and deserves a place in the Heroes Corner. Many Kenyan journalists become forgotten heroes and heroines. Journalists like politicians reflect all the different virtues and vices in the society.
There are many more champions for human rights and change agents for reform than there are corrupt, devious and dishonest entities.
Unfortunately we tend to use the same tar brush for all journalists, as we would do with MPs, judicial officers and civil servants. Yet there are many who don’t deserve blanket condemnation.
Journalists are the ears, eyes and tongues for many who cannot fend for themselves. They tell the stories that would otherwise be silent. They are the messengers of society. But they are human beings too.
I would like to dedicate my column this week to Mrs Wambui Kabiru, a young dedicated journalist, whose life was cut short by brutal act of domestic violence.
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Let her death be the story that prevents the same from happening to other women. Wambui, Rest in Peace.
The writer is an advocate of the High Court
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