The Effect of Media Policy and Regulations On The Practice of Journalism in Kenya
The Effect of Media Policy and Regulations On The Practice of Journalism in Kenya
The Effect of Media Policy and Regulations On The Practice of Journalism in Kenya
journalism in Kenya
BY
MCS-234-099/2015
AUGUST, 2018
DECLARATION
This research project is my original work and has not been presented for a Degree award to any
other university. No part of this research project may be reproduced without the prior written
MCS-234-099/2015
This research project has been submitted for examination with my approval as the university
supervisor.
SYLVIA MASESE
i
DEDICATION
This research project is dedicated to my family for their encouragement, support and
ii
ACKNOWLEDGEMENTS
I acknowledge with appreciation the support and guidance received from my supervisor Sylvia
Masese. This project would not have been perfect without your guidance.
iii
List of abbreviations and acronyms.
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TABLE OF CONTENTS
DECLARATION……………………………………………………………………………… i
DEDICATION………………………………………………………………………………… ii
ACKNOWLEDGEMENTS…………………………………………………………...…. ….. iii
List of abbreviations and acronyms…………………………………………………………. iv
LIST OF TABLES……………………………………………………………………………. vii
ABSTRACT…………………………………………………………………………………… vii
CHAPTER ONE
1.0 INTRODUCTION……………………………………………………………...1
1.1 Background of Study…………………………………………………………...1
1.2 Statement of the problem………………………………………………………2
1.3 Purpose of the Study…………………………………………………………...4
1.4 Research objectives…………………………………………………………….4
1.4.1 General research objective………………………………………………....4
1.4.2 Specific objectives………………………………………………………….4
1.5 Research questions…………………………………………………………….5
1.6 Scope of the study……………………………………………………………...5
1.7 Significance of the study………………………………………………………5
1.8 Limitations of the study……………………………………………………….6
1.9 Assumption of the study………………………………………………………6
CHAPTER TWO
LITERATURE REVIEW………………………………………………………………7
2.0 INTRODUCTION………………………………………………………………...7
2.0.1 Authoritarian Theory…………………………………………………...8
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3.0 Introduction…………………………………………………………………..16
3.1 Research Design……………………………………………………………...16
3.2 Study Area……………………………………………………………………16
3.3 Study Population ……………………………………………………………16
3.4 Population Sample…………………………………………………………..17
3.5 Sampling Techniques and Sampling Size………………………………….17
3.6 Instruments for Data Collection……………………………………………17
3.7 Validation of the Questionnaire…………………………………………….18
3.8 Data Collection Methods……………………………………………………18
3.9 Data Analysis………………………………………………………………...18
3.10 Time Schedule……………………………………………………………….19
3.11 Budget………………………………………………………………………..20
CHAPTER FOUR
Presentation, Analysis and Interpretation of Data………………………………..22
4.0 Introduction…………………………………………………………………22
4.1 Characteristics of the Respondents………………………………………...22
4.2 Media Policies and Regulation……………………………………………..24
4.3 Media and the Constitution………………………………………………...28
4.4 Challenges of Journalists…………………………………………………...30
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION……………………………………37
5.1 CONCLUSION……………………………………………………………...37
5.2 RECOMMENDATIONS…………………………………………………...38
APPENDICES
Appendix A………………………………………………………………………….42
Appendix B………………………………………………………………………….43
Appendix C………………………………………………………………………….45
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LIST OF TABLES Page
Table 1: Time Schedule for Research Study................................................................................19
Table 2: Budget Breakdown of Research Study...........................................................................20
Table 3: Gender of Respondents...................................................................................................23
Table 4: Age Distribution of Respondents....................................................................................23
Table 5: Level of Education of Respondents................................................................................24
Table 6: Respondents on government involvement in the media…………….……………...….24
Table 7: Respondents on the success of independence of media in producing and publishing content
without interference by government bodies………………………………………………………………25
Table 8: Respondents on whether the government should create a specific body that will be dealing with
media policies and regulation and be renewed after every five years………………………………….…26
Table 9: Respondents on whether the government has failed to supply enough media policy materials
detailed with information about media coverage in Kenya……………………………………….………27
Table 10: Respondents on whether Articles 34 and 35 of the constitution of Kenya are limited and deny
the journalists the full mandate to practice journalism…………………………………………...……….28
Table 11: Respondents on how well they understand the constitution on articles 34 and 35 and whether
they are self-explanatory or need further amendments……………………………………………………29
Table 12: Respondents on whether the constitution was followed in creating the media policy and
regulations………………………………………………………………………………..............30
Table 13: Respondents on Journalists Rights and Freedoms are influenced by the media policy…………31
Table 14: Respondents on whether the bodies responsible for the safety of journalists desert the journalists
during scandals…………………………………………………………………………………………….32
Table 15: Respondents on whether the policy safeguards the states interest and not the journalists covering
stories related to the
government………………………………………………………………………………………………...33
Table 16: Respondents on whether the rights to articles 31, 33, 34 and 35 of the constitution of Kenya are
limited once one becomes a journalist…………………………………………………………………….34
Table 17: Respondents on whether journalists are exposed to more danger on covering state affairs and
are at risk of losing their lives if their investigations are discovered………………………………….….34
Table 18: Respondents on whether journalists should be allowed to form bodies which would cater for
their rights and not the government through the parliament……………………………………………....36
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ABSTRACT
The freedom of the press as legislatively interpreted is an instrument of legal obligation on
human rights involving the press and its individuals; the journalists. Under the 2010 constitution
of Kenya, Article 34(5) provides for the freedom of the media and states that:
Parliament shall enact legislation that provides for the establishment of a body, which shall— a)
the interests of all sections of the society; and c) Set media standards and regulate and monitor
The body under which these regulations are set is the Media Council of Kenya (MCK) which
further defines the Act to cover Media enterprises; Journalists; Media practitioners; Foreign
journalist accredited by the Media Council of Kenya; and Consumers of media services.
However, the act does not seem to play as detailed in the Media Council of Kenya (MCK) Act of
2013. In respect with the press, the law is supposed to create rights and duties of citizens, the
press and the state; to limits boundaries for the exercise of freedoms; and to create a framework
With the governing regulations imposed on the press, the policy has put limits to bar Article 34
of the constitution from being implemented. Its involvement has created a control system which
snatches the power of this article and declares to limit access to information, especially from
emphasizing regulation and control of the form of dissemination; and denial to prior access to
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According to the regulations governing the freedom of the press, the law has the responsibility of
ensuring accurate information and clean entertainment and playing a political role of ensuring
that activities of the press conform with what the state considers desirable.
To the expectation of the general public, the right to freedom of expression exercised on, media
enterprises, journalists, media practitioners, foreign journalists and consumers of media services
shall reflect the interests of all sections of society, be accurate and fair; be accountable and
transparent; respect the personal dignity and privacy of others; demonstrate professionalism and
respect for the rights of others; and be guided by the national values and principles of governance
set out under Article 10 (2) on National Values and principles of governance, of the Constitution
which states: The national values and principles of governance include—(a) patriotism, national
unity, sharing and devolution of power, the rule of law, democracy and participation of the
people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-
discrimination and protection of the marginalized; (c) good governance, integrity, transparency
This study shows why the regulations set for Kenyan media are however not favorable and seek
to mute the voices of able journalists who are ready to reveal the stench but are limited by the
policies in place. Despite the Code of conduct for the practice of journalism, journalists still do
not enjoy the freedom of the media and feel bound from reporting what the public wants to
listen.
The council has diverted and failed to: promote and protect the freedom and independence of the
media, prescribe standards of journalists, media practitioners and media enterprises, ensure the
protection of the rights and privileges of journalists in the performance of their duties, promote
and enhance ethical and professional standards amongst journalists and media enterprises, advise
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the government or the relevant regulatory authority on matters relating to professional, education
and the training of journalists and other media practitioners, develop and regulate ethical and
disciplinary standards for journalists, media practitioners and media enterprises, establish media
standards and regulate and monitor compliance with the media standards and to facilitate
resolution of disputes between the government and the media and between the public and the
The study further suggests measures through which the government, through the Media Council
of Kenya (MCK), the Communication Authority of Kenya (CAK) the Kenya Union of
Journalists (KUJ), Media Owners Association (MOA), Kenya Editors’ Guild, Kenya
Communications and Technology, Kenya News Agency (KNA) and the Law Society of Kenya
(LSK), who are responsible for media policies and regulations, can take to improve the media
standards and encourage private journalism and freelancing as part of the media in Kenya.
The purpose of this study is to determine the effectiveness, the implementation and the relevance
The research design employed in this study was a descriptive cross sectional survey design. The
target population of this study was all the four Media Houses in Kenya (Nation Media Group
(NMG), The Standard Group, Radio Africa and Media MAX) and the Journalists working for
them. The study used interview guides, questionnaires and systematic observations for data
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CHAPTER ONE
1.0 INTRODUCTION
This chapter seeks to outline the: background of study, concept of performance, research
Media policies and regulations in this study is explained as the rules and measures put in place
by the government, through certain bodies as the Media Council of Kenya (MCK), with the aim
of monitoring the practices of journalists, and the content shared to the general public.
The General Public is then defined as the audience, without the limitation of age, and who are
This research project centers around two theories of communication; the magic bullet theory and
Agenda setting theory (Maxwell McCombs and Donald L. Shaw) which explains how the media
influences and affects the order of presentation in news reports, events and issues in the public
mind. These theories explain the interest that the government may use to choose what gets to the
audiences and restricts, through censorship and set regulations, what media industries ought to
This study describes and analyses the laws that affect the mass media in Kenya keeping in mind
regulatory bodies and laws such as the government through the ministry of Information and
technology, the media act of 2013, the Association of media women in Kenya, the Code of
Conduct for the practice of Journalism, Article 19 and the Kenya Information and
Communication Act, 2013. This is important due to the reasons as: information on the role of
law in mass media regulation tends to be scarce and scattered and usually unavailable to those
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who need it, that is, mass media professionals and, press freedom as an important human right,
the qualification of which should be restricted to the barest essentials (Cripps, Yvonne (1984)).
In this research, a discussion of the role of law in mass media regulation is a useful contribution
to an important debate on constitutional rights in a democratic society with freedom of the media
However, it is submitted that four reasons have been used to justify and approve the introduction
of laws which curtail press freedom (Finance (1989). 'Press in Kenya', June). These reasons
include:
(ii) The interests of the society, especially public health and morals;
Despite these rules, media policies still fail to provide what is required of journalists and bars
them from accessing and implementing some of this advantages and privileges. The constitution
which mandates their freedom of the press and the media has been subdued by the governing
bodies which have formulated laws that undermine the practice of journalism in Kenya.
In this study, this laws are highlighted in line with the constitution and the code of ethics for
“Even if all the physical barriers to communication were known and removed, there would remain
many physical barriers to the free flow of ideas.” (Hyman & Sheatsley, 1947) Some of the reasons
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why the media performance is derailing because of the policies that have not been amended
include:
1. Insufficient inputs
All the above can be avoided since the media needs to implement them in their policy reforms. It
is evident that Kenyan media is in jeopardy due to insufficient inputs. Should enough training be
involved in selecting trained and qualified journalists, certainly, the content presented will be
The media keeps changing every time with technology and it is well known that every day comes
with new innovations. The media adapts these changes and need an update whenever they are
released to the public. Working on regulations that cover old-generated policies is devastating and
To ensure momentum, there is lack of support from government created media entities. The
function of these bodies are to monitor and support Bills which favor the practice and
performance of journalists and not set up rules which undermine their freedom. Constitutionally,
Chapter 34(5) of the 2010 constitution of Kenya guarantees the freedom of the media and states:
Parliament shall enact legislation that provides for the establishment of a body, which shall—
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(c) set media standards and regulate and monitor compliance with those standards.
Should this article be considered, the bodies created by the parliament will be in full mandate to
diligently exercise their duties without interference by the national government and other bodies
This study aims to assess the effectiveness of media policies and regulations in the practice of
journalism in Kenya and how these policies can be regulated to favor the media personalities, the
investors, the owners and the audience in content coverage and distribution.
To determine the effectiveness and relevance in the implementation of media policies and
1. To determine whether the policy promotes the existence of free and pluralistic media which
2. To determine whether the media regulations sustain an atmosphere free from censorship
3. To determine whether the media policies ensure that the means of communication are used
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1.5 Research questions
1. Which policies provided by the media act of 2013 promotes existence of free and pluralistic
2. Does the media experience blockage on content coverage on limitation of what should be
shared publicly, and if so, what are the policies responsible for censorship and flow of
information?
3. Which are the channels through which the media reach their target audiences and how do
Generally, the focus of the study is directed towards pointing out loopholes that can be sealed for
the betterment and appropriate communication by journalists in attaining the core objectives of the
media policies and regulations in Kenya. The study attempts to determine its efficiency through
analyzing how the Kenyan Media is reporting on News in Kenya and beyond its boundaries and
how International Media could be related to improve the way local media is attributed at home.
The findings of this study redound to the benefit of the society considering the fact that Media
Policies have a significant impact to the journalists, the media houses and the consumers of media
content in Kenya. The greater demand of media regulation and content censorship is a clear
indication that media policies and regulations contribute in providing appropriate information
external bodies that are not recognized by the body responsible for the freedom of the press. All
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objectives considered, the benefits cut across, from the journalists, through their audiences, to the
The liberal or pluralist discourse locates the audience within the development of Western
industrialized society, arguing that the media must reach the citizens – in their role as audiences –
if they are to gain the information, understanding and shared cultural values required to sustain the
informed consent that underpins democratic governance. Yet within this democratic view of
audiences lie also the seeds of doubt – what happens when audiences do not act in a selective or
rational manner, or when the media don’t provide fair or balanced information? (Media audiences,
interpreters, users, in: Gillespie, M, Media Audiences, 2. Maidenhead, UK: Open University
Kenyan Media is one of mere ‘bandwagonism’ informed by the western ‘modernity’ and
dismiss the belief that African Journalism would regain its ground and act as an institution by its
own even without the support of the bodies that regulate its performance and functionality. They
believe that what African Media is doing is influenced by the practices and the demands of the
western states, which demand that policies and regulations be set to ensure content coverage is
maintained to the favor of iconic personalities within a set of government, and that without their
support, nothing worth covering may be published or released to the audiences hence crippling
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CHAPTER TWO
LITERATURE REVIEW
2.0 INTRODUCTION
The chapter presents the related literature based on the research topic and studies after thorough
and in-depth research conducted by other scholars. It presents the theoretical framework to fully
understand the research that has been done and lastly, the definition of terms for better
comprehension of the study. The review basically was by use of various theoretical works,
Regulation of the media normally takes place within a broader framework of principle and
policies. Media refers to the complex of socio –political-philosophical principles which organize
ideas about the relationship between media and the society. This study was based on normative
theory which is concerned with what the media ought to be doing in society rather than what
According to Siebert et al (1956) in their book Four Theories of the press, they, the state takes on
the form and coloration of the social and political structures within which it operates. The press
and other media, in their view, will reflect the basis beliefs and assumptions that the society
holds. In western liberal tradition, this refers to matters such as freedom, equality before the law,
social solidarity and cohesion, cultural diversity, active participation and social responsibility.
Although normative theory of the press is now in a considerable state of uncertainty (Nerone),
identifies certain broad traditions of thought about the rights and responsibilities of media in the
society and the degree to which the society may legitimately intervene to protect the public
interest. The main relevant variants are Authoritarian theory, free press theory, social
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2.0.1 Authoritarian Theory
This applies to early pre democratic forms of the society and also to present day undemocratic or
autocratic social systems. In this view all media and public communication are subject to the
supervision of the ruling authority and expression or opinion which might undermine the
established social and political order can be forbidden. Although this theory contravenes rights of
Fully developed in USA; it proclaims complete freedom of public expression and of economic
operation of the media and rejects any interference by the government in any aspect of the press.
A well-functioning market should resolve all issues of media obligation and social need.
This is found more in Europe and countries under European influence. It is a modified free press
theory placing greater emphasis upon the accountability of the media especially broadcasting to
society. Media are free but they should accept obligations to serve the public good. The means of
ensuring compliance with these obligations can either be through professional self-regulation or
It applies in countries at lower levels of economic development and with limited resources. It
takes various forms but essentially proposes that the media while desirable should be
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Often, the media system of a given country will have a mixture of theoretical elements and
media types displaying neither absolute freedom nor absolute subordination to the state or ruling
power. Hallin and Mancini (2004) argued that we should forget about normative theories and
look more closely at actual arrangements connecting media with society. They propose a
typology of relations between media system and political system, based on a comparative
examination of contemporary national societies. In this view there are three types or variants,
each with different implications for the role and obligations of the media in the society: a liberal
model in which the media operate according to the principles of the free market without formal
connections between media and politics and with minimal state intervention, a democratic
corporatist model in which commercial media co-exist with media tied to organized social and
political groups and the state has a small but active role, a polarized pluralist model, with media
integrated into party politics, weaker commercial media and a strong role for the state.
These models are also ideal types and in practice societies have a mixture of the elements
outlined. Public service broadcasting is found in 2 forms in the second and 3rd models as,
way usually with division in terms of the political spectrum. In the fully liberal model, there may
acting according to their conscience about what kind of public communication represents truth,
justice, and respect for human dignity. Further they argue that no formal claim can legitimately
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Christian et al argue that a key condition for establishing a satisfactory normative formula that
harmonizes the moral claims of all social actors is the quality of dialogue between social actors.
According to Benson (2009) and Habermas (2007)28 they argue that Christian et al argument
that by raising awareness of value laden aspects or arguments, normative theories can help media
policymakers and professionals to acknowledge their own unstated premises and thus serve as
instruments of emancipation from status quo; however how the emancipation is concretely
realized is a challenge. They argue that practice and policy prescriptions have to be adequate to
realize normative ideals and that if authors pessimistically conclude, we live in an age when
there is little serious challenge to the view that the media are primarily a business and that the
freedom of the media is freedom of the trade, then it strain credibility to suppose that small,
transient, non-professional collective happenings oriented towards understanding its own identity
There are two legislated institutions in Kenya that have oversight responsibilities over
broadcasters. These are the Communications Authority of Kenya (CAK) formerly known as
Communications Commission of Kenya and The Media Council of Kenya. There are other
associations like the Kenya Union of Journalists, the Kenya Media Owners Associations,
Reporters without borders(RWB), Article 19 Eastern Africa and the courts which aim to achieve
higher professional standards and to protect it members, to promote and defend press freedom.
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2.1.1 Communications authority of Kenya
Kenya was established under the KICA, 2009 and it is a body corporate capable of being sued
and suing.
The commissions name was changed to abide with section 34(5) of the Kenya constitution, 2010.
CAK’s mandate is broad and includes licensing and regulating postal, information and
communications services in accordance with the provision of KICA and so anyone who wishes
The CAK is charged with the duty of ensuring that each local broadcaster airs the amount of
local content in its license, ensure that the broadcasters include news and information in their
programming as well as discussions of national importance and ensuring that the broadcasters
The CAK is also charged with the responsibility of prescribing a programme code that sets the
standards for the time and manner of programs to be broadcast by the broadcasting stations.
The CAK also has a duty of resolving disputes between consumers and a service provider and a
By the year 2007, the liberalization effect in the telecommunication sector had produced an
indirect benefit. A very vibrant broadcasting sector that has seen investors get broadcasting
frequencies for delivering radio and television channels. The technical licensing process was
The Kenya information and communication Act, 2009 created a Broadcasting Content Advisory
Council (BCAC) role was to work with the media Council in setting rules regulatory mechanism
for broadcast sector and to make decisions on the administration of the broadcast content aspect
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and provisions of the Act and on the mechanisms of handing complaints as well as monitoring
compliance with the broadcasting codes and ethics for broadcasters. The BCAC was disbanded
in January 2014 and a new committee Broadcast Standards committee was formed.
The move to create Authority outside the media council of Kenya to set up regulations standards
of the media has been widely opposed by the media sector on grounds that it takes up its
independence and regulations which handled all issues related to media complaints and advised
The media Council of Kenya (MCK) was established by the Media Act, 2007 and it is mandated
to discipline journalist and oversee the regulation of content of media through self-regulation. By
2009, it was commonly agreed that broadcast content, particularly over FM radio stations were
not being addressed and the government then enacted the Kenya Information and communication
Amendment Act of 2009. The Media Council is a body corporate capable of suing and being
sued. The Media Council of Kenya functions include: To mediate and arbitrate in disputes
between the government and the media, between the public and the media, and intra media, to
promote the freedom and independence of the media, to promote high professional standards
among journalist. to promote ethical standards among journalist and in the media, to ensure the
protection of the rights and privileges of journalists in the performance of their duties.
The Media Act also legislated the Code of Conduct for the practice of journalism in its second
schedule which ranges from accuracy and fairness of the journalist, independence, integrity,
accountability, confidentiality, unnamed sources, privacy, acts of violence, hate speech and sex
discrimination.
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The media Council of Kenya is mandated to handle complains through its Complaints
Commission (CC) thus providing for a mechanism of solving conflicts among the media stations,
Kenya has signed and is bound by these several international instrumentals that recognize the
free speech principle. In cognizance of its obligations under the above instruments and in
obedience to the principal of freedom of expression, unlike the previous constitution, the Current
Kenya Constitution passed in 2010 provides the freedom of media, freedom to speech, right to
privacy. Under Article 28 of the Constitution, 2010 every person has inherent and, dignity and
the right to have that dignity respected and protected under Article 31 of the Constitution which
provides that every person has the right to privacy which includes the right not to have;
The constitution also provides for Freedom of Expression; In Article 33(1) Every person has the
In the exercise of the right to freedom of expression, every person shall respect the rights and
reputation of others. In Article 34. (1) Freedom and independence of electronic, print and all
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others types of media is guaranteed, but does not extend to any expression specified in Article
(a)Exercise control over or interfere with any person engaged in broadcasting, the production or
(b)Penalize any person for any opinion or view or content of any broadcast, publication or
dissemination.
Broadcasting and other electronic media have freedom of establishment, subject to licensing
procedures that-
(a) Are necessary to regulate the airwaves and other forms of signal distribution; and
(a) Be free to determine independently the editorial content of their broadcast or other
communications;
(c) Afford fair opportunity for the presentation of divergent views and dissenting opinions
Parliament shall enact legislation that provides for the establishment of a body which shall
(c) Set media standards and regulate and monitor compliance with those standards
(b) Information held by another person and required for the exercise or protection of any right
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Every person has the right to the correction or deletion of untrue or misleading information that
The state shall publish and publicize any important information affecting the nation.
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CHAPTER THREE
3.0 Introduction
This chapter presents the research design, area of study, population, sample of the population,
sampling technique, instruments for data collection, validation of the questionnaire, administration
The case study and descriptive designs was employed in the study. A case study design was used
because the study relied majorly on the programs aired and published by the Kenyan Media
Houses, including: The Royal Media, The Standard Group, Nation Media Group and IMAX since
they contribute the highest percentage of viewership and content distribution in Kenya. The study
is also descriptive since it aims to establish the impact of the media policies and regulations and
how they influence the media from performing to its customer expectation limits.
The study was conducted at the Standard Group, particular reference to KTN Home and KTN
News, Royal Media Services; specifically, Citizen TV, Nation Media Group; specifically, on NTV
and IMAX for K24 TV. The study area is purposive since no studies have been conducted in this
The target population for the study were journalists from Kenya’s top four media houses; the
Nation Media Group (NMG), the Standard Group, Royal Media Services an IMAX. It also
involved consumers of both local and international programs aired and published by the four media
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houses. The accessible population comprised of journalists from the Standard Group and the
consumers of both local and international programs aired and published by the four media houses.
The sample population of the study was 12 journalists and 36 consumers of the programs. The
producers, directors and hosts were also included in the study, consequently, giving a total of 50
respondents.
Purposive sampling was used to select 12 journalists needed for the study. This was achieved
through the number of programs, the contents shared and the rate of experience they had.
Additionally, convenience sampling was used to select the 36 consumers of programs needed for
An interview schedule was designed as one as one of the data collection instruments for the study.
The program producers, directors and the hosts were also interviewed. The interview questions
(See Appendix I) endeavored to elicit relevant information concerning the effects of media policy
and regulation in the practice of journalism. The interview used both open- and closed-ended
questions. A questionnaire (See Appendix B) titled ‘The Effect of Media Policies and Regulations
in the Practice of Journalism in Kenya’ was also used in the study. The content of this instrument
was based on the findings of the interview conducted with the producers, directors and Show hosts,
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The questionnaire had four sections: A, B, C and D:
The questionnaire designed for the study was subjected to a validation process for face and content
validity. Copies of the questionnaire and the research questions were presented to the instructor
who went through it to ascertain the appropriateness and adequacy of the instrument. A pilot test
was carried out on the instrument using 7 journalists and 20 consumers of the media programs
Both quantitative and qualitative methods of data collection were used in the study. The semi
structured interviews with the producers, the directors and show hosts were essential in the
collection of qualitative data. After the pilot test, 48 structured questionnaires were presented to
the remaining respondents and these were useful in the collection of quantitative data.
The analysis methods of the study were fully based on the data that was collected using the
questionnaires and interviews about the Impact of Media Policies and Regulations in the Practice
analyzed and presented in a form of table through percentages. Data collected after the interview
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3.10 Time Schedule
The study was conducted within the following time break down:
Kenya
Daystar
University
interviews
KTN Home
NTV
Citizen TV
NTV
K24 TV
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2.1 Raw Data Arrangement _ 14 _
Discussion
Recommendation
Total Days 41
3.11 Budget
1.0 Equipment
xxx
1.8 Batteries (Pair) 4 250 1000
2.0 Activity
3.0 Others
22705
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CHAPTER FOUR
4.0 Introduction
This chapter includes the presentation, analysis and interpretation of data that have been gathered
from the questionnaires distributed to the respondents. This chapter also contains the presentation
4.1.1 Gender
Majority of the respondents were female with a frequency of 38 or 79.2 percent of the population
while the male had a frequency of 10 or 20.8 percent. This clearly revokes the notion that “media
Male 10 20.8
Female 38 79.2
Total 48 100
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4.1.2 Age
The age bracket of above 45 garnered the highest percentage of 28 or 58.3 percent, followed by
25-34 with 12 or 25 percentage, 34-44 with 6 or 12.5 percent and finally, 19-24 with 2 or 4.2
percent.
19-24 2 4.2
25-34 12 25
35-44 6 12.5
Above 45 28 58.3
Total 48 100
Majority of respondents attained a degree as their highest level of education with a frequency of
19 or 39.6 percent, followed by certificate with 16 or 33.3 percent, diploma with 10 or 20.8 percent,
masters and above with 2 or 4.2 percent and finally, high school with 1 or 2.1 percent.
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High school 1 2.1
Certificate 16 33.3
Diploma 10 20.8
Degree 19 39.6
Total 48 100
Majority of the respondents agreed that the media is invaded with decisions from top governmental
and private organizations with a total frequency of 42 or 87.5 percent. However, 6 respondents did
not agree with the statement and made up the remaining 12.5 percent.
Strongly Disagree 0 0
Disagree 2 4.2
Agree 9 18.7
Total 48 100
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4.2.2 Respondents on the success of independence of media in producing and publishing
Majority of respondents agree that there is independence of the media and that most media houses
make their own decisions. They also attributed that the culture in media industry can change and
improve the way media will be attributed in future if, private investors are allowed the space to
practice the freedom of the media with the total frequency of 28 or 58.3 percent. On the other hand,
the remaining 20 or 41.7 percent show different levels of disagreement with the statement.
Table 7: Respondents on the success of independence of media in producing and publishing content
Disagree 12 25
Agree 19 39.6
Total 48 100
4.2.3 Respondents on whether the government should create a specific body that will be dealing
with media policies and regulation and be renewed after every five years
Majority of respondents showed different levels of agreement that the government should be
allowed to create only one body that will stand as a union for the journalists. This was because
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most respondents thought it would be the starting point for the government to have a full control
of what happens within the media industry. However, some respondents suggested that having too
many bodies would fail to create and sustain relevant content and relationships due to multiple
bodies that contribute in media policy making hence providing contradictory information on how
the media should behave in covering stories, with a total of 28 or 58.3 percent. However, the
remaining 20 or 41.7 percent did not believe that relationship building determined the level of
success of media policies. Further investigation reveals that those in disagreement pointed out to
other explanations why the media fail to meet project goals and objectives. Some of the reasons
given included: insufficient capital, inappropriate media or platforms used to disseminate specific
messages and programs, failure to maintain momentum and rejection of ideas by the audience.
Table 8: Respondents on whether the government should create a specific body that will be dealing
with media policies and regulation and be renewed after every five years
Disagree 3 6.3
Agree 9 18.6
Total 48 100
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4.2.4 Respondents on whether the government has failed to supply enough media policy
Majority of the respondents showed different levels of agreement that most media houses do not
train their employees and that they rely on government journals which run out before they reach
them, with a total frequency of 43 or 89.6 percent. Further investigation revealed that most
respondents had not been exposed to renewed media policies and regulations. However, 5
respondents, who make up 10.4 percent of the total, disagree with the statement citing reasons of
non-commitment by already existing media bodies responsible with Media Policies and
Regulations.
Table 9: Respondents on whether the government has failed to supply enough media policy materials
Disagree 3 6.2
Agree 5 10.4
Total 48 100
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4.3 Media and the Constitution
4.3.1 Respondents on whether Articles 34 and 35 of the constitution of Kenya are limited and
Majority of the respondents claimed that they could sometimes feel barred from exercising their
rights since they are under different rules including the Code of ethics to follow hence fail to
choose which set of rules to follow. This further suggest that there are rights which the journalists
fail to enjoy with an aim of exercising the journalistic principles. The 25 made up 52.1 percent of
the total. 13 respondents claimed that they could often feel barred and denied, making up 27.1 of
the total. Moreover, 10 respondents claimed that they could always fail to exercise their rights in
order to act journalistically. A probe into these types of respondents revealed that the media policy
does not provide full explanation and does not cover both the constitution and the code of ethics
Table 10: Respondents on whether Articles 34 and 35 of the constitution of Kenya are limited and
Never 0 0
Rarely 0 0
Sometimes 25 52.1
Often 13 27.1
Always 10 20.8
Total 48 100
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4.3.2 Respondents on how well they understand the constitution on articles 34 and 35 and
Majority of the respondents claim that they rarely fail to completely understand the section of the
constitution citing that the phrases used are not clear and that contradict each other with other
sections of the constitution, with a frequency 19 or 39.6 percent, followed by those who at times
understand, with a frequency of 10 or 20.8 percent. Respondents that always understand the
Articles of the constitution make up 16.7 percent of the total, with a frequency of 8. The least
number of respondents claim that they do not understand the articles at all and suggest that they
Table 11: Respondents on how well they understand the constitution on articles 34 and 35 and
Never 8 16.7
Rarely 19 39.6
Sometimes 10 20.8
Often 6 12.5
Always 5 10.4
Total 48 100
4.3.3 Respondents on whether the constitution was followed in creating the media policy
and regulations
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Majority of the respondents often share their personal opinions citing differences that the media
policy provides, which differ to the constitution and suggest that the constitution was not
completely followed, with a frequency of 23 or 47.9 percent, followed by those that say that both
the constitution and the policy conquer hence the law was followed, with 8 or 16.7 percent, those
that do not understand the relationship with 7 or 14.6 percent, those that always relate the policy
to the constitution with 6 or 12.5 percent. The remaining 4 or 8.3 percent sometimes support the
Table 12: Respondents on whether the constitution was followed in creating the media policy
and regulations
Never 8 16.7
Rarely 7 14.6
Sometimes 4 8.3
Often 23 47.9
Always 6 12.5
Total 48 100
4.4.1 Respondents on Journalists Rights and Freedoms are influenced by the media policy
All the respondents showed different levels of agreement that the policy chooses the rights and
freedoms of the journalist and when they should practice so. More specifically, 40 of the
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respondents or 83.3 percent of the total strongly agreed to the statement, followed by 6 or 12.5
percent who somewhat agreed to it and finally, 2 or 4.2 percent who basically agreed to it.
Table 13: Respondents on Journalists Rights and Freedoms are influenced by the media policy
Strongly Disagree 0 0
Disagree 0 0
Somewhat Disagree 0 0
Agree 2 4.2
Total 48 100
4.4.2 Respondents on whether the bodies responsible for the safety of journalists desert the
All the respondents strongly agreed media governing bodies distance themselves whenever a
scandal covered by journalists occurs and leaves the journalists to their own fate. Further
explanation reflected scandals that involved government officials and how these bodies would
claim not to have known such investigations by the journalists were being conducted.
Table 14: Respondents on whether the bodies responsible for the safety of journalists desert the
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Response Frequency Percentage (%)
Strongly Disagree 0 0
Disagree 0 0
Somewhat Disagree 0 0
Somewhat Agree 0 0
Agree 0 0
Total 48 100
4.4.3 Respondents on whether the policy safeguards the states interest and not the journalists
Majority of the respondents basically agree that the media policy was developed for the favor of
the government and not the journalists despite its intentions to cover for the journalists, with a
frequency of 15 or 31.2 percent, followed by respondents who strongly agree, with 12 or 25 percent
and those who somewhat agree with 11 or 22.9 percent. On the other hand, 9 respondents or 18.8
percent of the total somewhat disagreed while 1 respondent basically disagreed with the statement.
Table 15: Respondents on whether the policy safeguards the states interest and not the journalists
Strongly Disagree 0 0
Disagree 1 2.1
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Somewhat Agree 11 22.9
Agree 15 31.25
Strongly Agree 12 25
Total 48 100
4.4.4 Respondents on whether the rights to articles 31, 33, 34 and 35 of the constitution of
Majority of the respondents showed different levels of agreement that the right to privacy, freedom
of expression, freedom of the media and the right to access to information are limited once they
are accepted to the society as journalists, with a total frequency of 38 or 79.2 percent. However,
Table 16
Respondents on whether the rights to articles 31, 33, 34 and 35 of the constitution of Kenya are limited
Strongly Disagree 0 0
Disagree 4 8.3
Agree 19 39.6
Total 48 100
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4.4.5 Respondents on whether journalists are exposed to more danger on covering state affairs
and are at risk of losing their lives if their investigations are discovered
Majority of respondents agreed that journalists face a lot of danger while covering stories that
involve the government and that they would face murder or assassination at some point, with a
frequency of 33 or 68.7 percent. Further investigation revealed that most journalist who have
already covered some stories about the government have been demoted while others permanently
barred from accessing some media facilities. However, the remaining 15 or 31.3 percent disagreed
to the statement and claimed that they themselves were subjected to some form of test that
Table 17
Respondents on whether journalists are exposed to more danger on covering state affairs and are at
Strongly Disagree 0 0
Disagree 15 31.3
Somewhat Disagree 0 0
Somewhat Agree 0 0
Agree 33 68.7
Strongly Agree 0 0
Total 48 100
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4.4.6 Respondents on whether journalists should be allowed to form bodies which would cater
for their rights and not the government through the parliament
44 respondents agreed that all bodies formed by the government should be disbanded and new
ones created by the journalists. This is because, the new bodies formed by the journalists would
be able to meet the set objectives and work in favor of the journalists working environment. A
probe into their responses revealed that this would be made possible if the parliamentary
journalists. However, 4 respondents somewhat disagreed citing that there were instances when the
government would easily channel their authority and influence these bodies that journalists would
have created.
Table 18
Respondents on whether journalists should be allowed to form bodies which would cater for their
Strongly Disagree 0 0
Disagree 0 0
Somewhat Agree 12 25
Agree 19 39.6
Total 48 100
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CHAPTER FIVE
5.1 CONCLUSION
The media policy and regulations as provided by the law does not perform its duties in regard to
the practice of journalism. Occasionally, as provided by the respondents there are a number of
factors which should be brought to consideration, steadfast, to ensure that journalists have a free
However, to ensure that all the rules and policies are followed, the government has forgotten that
we are working on another platform since the digital migration in 2015. Working on a Media Act
of Kenya 2013 is sort of outdated and will mean to limit most journalists from accessing specific
advantages that may facilitate appropriate release of data and information. It may be very important
if the media act was updated, to favor and be in concurrence with other laws and regulations
provided by other media governing bodies such as Association of Media Women in Kenya
(AMWIK).
For the journalists, sensitization needs to be done. By the study, most journalists work in media
houses without the full knowledge of what they are privileged on the Media Policy. Just like the
Code of Ethics, every journalist has the responsibility of equipping themselves with the contents
of the media policy of Kenya. It should run in their fingertips and they should be ready to defend
and protect their selves from being exploited and denied their full authority into the practice of
journalism in Kenya.
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5.2 RECOMMENDATIONS
1. For the success of media in Independence should be given an upper hand and the
2. The government should create a specific body that will be dealing with media policies and
regulation and be renewed after every five years or let the journalists come with their own
3. The government should supply enough media policy materials detailed with information
4. The constitution should be followed in creating the media policy and regulations that work
to favor and support the practice of journalism which should be updated after every year to
5. The bodies responsible for the safety of journalists should be ready to back-up the
xlviii
References
1. African Commission on Human and People‟s Rights (ACHPR). (2002). Resolution of the
http://www.achpr.org/english/declarations/declarationfreedom
http://www.fesmedia.org.na
3. Berger, G. (2007). Looking ahead: what next for Africa media. In Barratt, E. & Berger,
G. (Ed), 50 years of Journalism: Africa Media since Ghana‟s Independence (p.7). South
the newly independent press in Central Europe and Sub-Saharan Africa. Retrieved from
the web.
6. Fentuck, M. (1999) Media Regulation, Public interest and the Law. Edinburgh:
Survey report
Cambridge press
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10. Makali, D. (2003) (Ed) Media Law & Practice-The Kenya Jurisprudence. Phoenix
11. Media law Handbook series: Handbook series edition (2010). Retrieved from
http://www.america.gov/publications/books/media law_law.html
12. Moggi, P. and Tessier, R. (2001). Media status report: Kenya. Groupe de recherche et
http://www.gret.org/parma/uk2/ressource/edm/kenya.htm
research/temp/moehler_private_radio_media_effects_02-07-06.pdf.
13. Nyabuga, G. & Booker N. Mapping Digital media: Kenya report by open society
media-kenya-201303
14. Ngugi, M. (2012) From Fetters to Freedom (in) the long walk to Media Freedom.
Nairobi: MCK
15. Ochieng, P. (1992). I Accuse the Press: An insider‟s view of the media and politics in
16. Odhiambo, L. (2002). „The Media Environment in Kenya since 1990‟. African Studies.
61(2): 295-318.
17. Oriare,P., Orlarle, R.. & Ugangu, W.(2010)The media We Want: The Kenya Media
18. Schauer F. (1982) Free Speech: A philosophical inquiry. Cambridge University Press,
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21. The Media Act, 2013 Government Printers: Nairobi
22. The Kenya Information and Communication Act, 2013.Government Printers: Nairobi
25. William, K., (2003). Understanding Media Theory. Oxford university press: New York
li
APPENDICES
Appendix A
LETTER OF INTRODUCTION
I am hereby seeking your consent to use a number of journalists and other staff employees of your
organization as subjects in my research.
I shall provide you with a copy of my thesis proposal which shall delineate the measures to be
implemented in the research process.
Upon the completion of the study, I undertake to provide Multimedia University of Kenya with a bound
copy of the full research report. If you require any further information, please do not hesitate to contact
me on (+254) 0795344997 and [email protected] I would highly appreciate your immediate
consideration to this request.
Yours faithfully,
Teddy Leting.
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Appendix B
INTERVIEW SCHEDULE
Opening
Thank you for agreeing to talk to me today. I am conducting a research study on the effects of
media policy and regulation in the practice of journalism in Kenya, particular reference to major
Media Houses in Kenya and I would like to include your input in the study. By gaining your
thoughts and opinions, Policy Makers will be able to appreciate the key role that media policy
Body
3. What’s the difference between policies and regulations as provided by the law under your
working environment?
4. Do you prefer using fully informational journals and other relevant materials as provided by the
5. Do you think most journalists fail to follow journalistic principles because they have limited
access to these policies? Because the policy contradicts with the constitution? Because the policy
does not fully support the code of conduct for the practice of journalism? Or because of
Negligence? Why?
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6. Do you train your employees, the journalists about the contents of the policy? If so, How? Do
you subject your journalists to seminars that educate on media policies and regulation? Which are
these seminars
Closing
If you think of anything else that you would like to say about Media Policies and Regulations, feel
Thank you.
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Appendix C
THE EFFECT OF MEDIA POLICIES AND REGULATIONS IN THE PRACTICE OF
JOURNALISM IN KENYA
My name is Teddy Leting, a Bachelor of Journalism (Print Major) student at the Multimedia
University of Kenya. I am conducting a research on the effects of media policies and regulations
in the practice of journalism in Kenya, particularly reflecting the contributions of the Constitution
of Kenya of 2010 and the Media Act of 2013. By gaining your thoughts and opinions, Policy
makers will be able to appreciate the key role that policies and regulations play in content
distribution in Kenya. This survey should only take 4-5 minutes to complete. Be assured that all
answers you provide will be kept in the strictest confidentiality. If you want to be informed about
the results of this survey, please email me: [email protected] Questions marked with an
asterisk (*) are required. If there are items you do not feel comfortable answering, please skip
them. Thank you for your input.
Section A: Biodata
The following items describe statements about the media policies and regulations. Indicate your
agreement or disagreement with the following statements by circling your response using this
scale:
1 2 3 4 5 6
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SD SA
1. Media does not execute its authority which is influenced by government involvement.
1 2 3 4 5 6
3. The government should create one body specific with media regulations and be renewed after 5
years. 1 2 3 4 5 6
4. The government has failed to supply enough media policy materials detailed with information on media
coverage in Kenya. 1 2 3 4 5 6
Below is a list of statements. Please read each statement carefully and rate how frequently you
feel or act in the manner described. Tick your answer on the response form. Please answer each
answer as honestly as you can.
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Section D: Challenges of Journalists
Indicate your agreement or disagreement with the following statements by circling your response
using this scale:
1 2 3 4 5 6
SD SA
1. Journalists Rights and Freedoms are influenced by the Media Policy, Media Act and Code of
Ethics. 1 2 3 4 5 6
2. The bodies responsible for the safety of journalists deserts the journalists during scandals.
1 2 3 4 5 6
3 The policy safeguards the states interest and not the journalists covering stories related to the
government. 1 2 3 4 5 6
4. The rights to articles 31, 33, 34 and 35 of the constitution of Kenya are limited once one becomes
a journalist. 1 2 3 4 5 6
5. Journalists are exposed to more danger on covering state affairs and are at risk of losing their
lives if their investigations are discovered.
1 2 3 4 5 6
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6. Journalists should be allowed to form bodies which would cater for their rights and not the
government through the parliament.
1 2 3 4 5 6
-End-
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