Kenya should prioritise safety of journalists for the sake of democracy

Kenya’s journey toward a more just, inclusive and democratic society has greatly benefited from the tireless work of journalists who have kept citizens informed even in challenging and sometimes dangerous conditions.

Journalists play a critical role in exposing corruption, reporting on human rights violations, highlighting the struggles of the disenfranchised, and holding public and private institutions accountable. However, such work is not without risk, as those who dare to shine a light on the shortcomings of powerful entities often face significant reprisals.Journalists and human rights organisations have raised concerns about the rising cases of violence against them. Despite the constitutional guarantees of press freedom, journalists continue to be targeted, assaulted, and even killed while pursuing stories that may make those in those in power uncomfortable.

In 2015, journalists from Citizen TV and NTV were assaulted by officers from the GSU in Tana River County while covering the impounding of 400 cattle that had allegedly trespassed on land owned by Agricultural Development Corporation. The officers seized and damaged the journalists’ equipment, leaving several with injuries, including fractures. Disturbingly, no investigations or legal actions followed this attack.

In January 2024, an equally violent episode highlighted the precarious environment for journalists in Kenya. Five journalists covering an operation led by the National Campaign Against Alcohol and Drugs at a Nairobi nightclub were assaulted, with one journalist stabbed by security personnel.

These individuals likely sought to prevent the journalists from recording the anti-drug crackdown, illustrating the physical risks they face even when reporting on issues of public interest.

Another case involved famous Pakistani journalist Arshad Sharif, who was tragically shot and killed by police in Kajiado County in October 2022. In 2023, his family was awarded Sh10 million in damages after a court ruled that the police had used “arbitrary, disproportionate, illegal, and unconstitutional” force. Yet, despite this ruling, none of the officers involved have been arrested or held accountable, which erodes public confidence in law enforcement and weakens press freedom.

According to ARTICLE 19 Eastern Africa, a press freedom advocacy group, accountability for attacks on journalists in Kenya remains a significant challenge.Many journalists report difficulties in accessing information about their cases from the police, and prosecutors.

While the devolution of government in 2010, intended to decentralise authority, it also inadvertently led to an increase in harassment of journalists at the grassroots level. Some county officials, including aides to governors, have reportedly targeted journalists covering sensitive local issues. For instance, in December 2022, three journalists were assaulted by aides of a governor while covering protests against local governance practices.

Journalists covering police operations and public protests remain particularly vulnerable to violence. This became starkly evident during Kenya’s Covid-19 curfew, which began in March 2020, when a video went viral showing police officers assaulting an NTV journalist reporting on curfew enforcement at the Likoni Ferry in Mombasa. Similar attacks occurred during political protests, with some journalists subjected to tear gas and even live bullets.

The Constitution enshrines freedom of the press, creates a Media Council and Complaints Commission to train and regulate journalism practice and adjudicate code violations in a co-regulation model.

We have Independent Policing Oversight Authority, Directorate of Criminal Investigations, and Internal Affairs Unit for crimes against journalism by police and general crimes. However, these protections require reinforcement through proactive measures such as ensuring swift and transparent investigations into attacks and holding perpetrators accountable under the law.