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Government and Policy

Freedom of the Media: Article 34 of the Constitution of Kenya

BY Juma · January 30, 2018 09:01 am

Kenyans woke up with a shutdown of all major media channels including KTN News, Citizen TV and NTV on all their platforms.

The shutdown was blamed on the government which had threatened an instant shutdown of any media house that would stream live the event of the planned swearing-in of Raila Odinga.

The decision to shut down the media houses is said to have been reached at Statehouse in a meeting chaired by President Uhuru Kenyatta, his Deputy William Ruto in presence of Interior Cabinet Secretary Fred Matiang’I, ICT Cabinet Secretary Joe Mucheru and the Attorney General Githu Muigai.

The shutdown completely violates Article 34 of the constitution of Kenya of 2010.

Article 34 of the Constitution of Kenya (2010):

34 (1) Freedom and independence of electronic, print and all other types of media is guaranteed but does not extend to any expression specified in Article 33 (2).

(2) The state shall not (a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium or (b) penalize any person for any opinion or view or the content of any broadcast, publication or dissemination.

(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government, political interests or commercial interests.

Kenya is now in an information blackout, a move aimed at frustrating the action by the National Super Alliance (NASA) to swear in their leader Raila Odinga.

The swearing-in ceremony is set to take place at the historic Uhuru Park. By the time of going to the press, the Uhuru Park grounds were fully packed although there was no word on the whereabouts of the NASA top brass.

It is still not clear whether the swearing-in ceremony will go on.

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. (020) 528 0222 or Email: info@sokodirectory.com

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