Media law and practice in Kenya: the confluence of regulation and liberty of thought.

Abstract

The regulatory environment for the practice of mass media reveals the ever-existing tension between freedom of the press, democracy, and the rule of law. The promulgation of the progressive Constitution of Kenya 2010 embeds constitutional safeguards for the freedom of the press and freedom of speech. This study assessed the state of the mass Media law and practice in Kenya post the Constitutional of Kenya 2010, against three key research questions: 1) To what extent does Kenya entrench international and constitutional safeguards for freedom of the press in Kenya? 2) What is the effect of the rise of the social media on the regulatory environment in Kenya? 3) To what extent is the media in Kenya, regulated in view of the challenge of the private and the public interest?

The research was mainly based on the literature review and focus group discussions with a select set of practising advocates and journalists. The findings of the research point to the fact that Kenya’s constitution entrenches the freedoms of the press and liberty of thought, while offering exceptions. With the exceptions, a follow-on debate arises around the question: does the regulatory environment for the mass media stifle or misrepresent the citizens’ voices?