The physical attacks on journalists and the confiscation of their working equipment during the Ol Kalou by-election are very concerning.
The messenger is under attack. It is time individuals took personal responsibility for these attacks against journalists.
Some people wanted the process conducted in the dark, and the fact that they even ordered journalists to delete their footage made the incident a targeted attack; the perpetrators were deliberate and wanted to ensure citizens were not informed about the process.
It was planned. Cameras, phones, and recorders are the known and accepted tools of trade for journalists.
They document and record content that the media uses to mirror society, reporters use them to brief their editors, and media houses use them in court.
To ensure professional and responsible reporting of elections, the Media Council of Kenya and the IEBC have developed very elaborate ethical guidelines for the media and conduct training for journalists before every election.
In addition, the IEBC Act, the Political Parties Act, the NCIC, and individual media houses have guidelines and regulations for the media, providing very adequate mechanisms for media coverage during elections.
Why hooded goons and security officers target journalists during elections remains troubling for a country that desires transparent and credible elections.
Attacks and violence against journalists violate the Constitution of Kenya, which provides for the protection of all Kenyans and guarantees freedom of expression.
Several articles buttress this. Article 26(1) states: "Every person has the right to life." Subsection (3) of the same article further elaborates that "a person shall not be deprived of life intentionally, except to the extent authorized by the Constitution or other written law," while Article 28 guarantees the inherent right to human dignity and to have that dignity respected and protected. Article 29 specifically addresses the freedom and security of the person.
It provides that no person should be deprived of freedom arbitrarily or without just cause.
This article is categorical about detention without trial, being subjected to any form of violence from either public or private sources, being subjected to torture in any manner, whether physical or psychological, and being treated or punished in a cruel, inhuman, or degrading manner.
Thus, every Kenyan citizen and every person in Kenya enjoys these rights without exception, including journalists. Articles 31 and 32 protect the right to privacy and freedom of conscience, religion, belief, and opinion.
The Constitution states that "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; (b) penalize any person for any opinion or view or the content of any broadcast, publication, or dissemination."
Kenya is a signatory to the Sustainable Development Goals, including SDG 16.10, which protects "public access to information and fundamental freedoms in accordance with national legislation and international agreements," and SDG 16.10.1, which requires member states and other stakeholders to monitor and report on the "number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention, and torture of journalists, associated media personnel, trade unionists, and human rights advocates in the previous 12 months."
In addition, these attacks on journalists violate international treaties to which Kenya is a party, including General Comment No. 34 on Article 19 of the International Covenant on Civil and Political Rights.
In 1997, UNESCO Member States passed Resolution 29 on the "Condemnation of Violence Against Journalists."
The resolution was adopted in response to serious concerns about the killing of journalists in many countries and the evidence of the spread of impunity—that is, the persistent failure of lawful authorities to bring those responsible to justice.
UN Security Council Resolution 1738 (2006) also condemns attacks against journalists in conflict situations.
Through the Arusha, Addis, and Nairobi Declarations on ending impunity against journalists, both state and non-state actors agreed, among other things, to strengthen national mechanisms for the safety of journalists as multi-stakeholder vehicles for addressing journalists' safety and tackling impunity for crimes against journalists, and to create and support robust monitoring, documentation, and reporting systems to produce reports for different mechanisms.
Professional reporting gaps that could expose journalists to danger during elections include, but are not limited to, situations where voters and citizens develop a perception of bias or partiality towards candidates by media houses or journalists; when journalists repeatedly and openly disseminate misinformation, including releasing unscientific and biased candidate popularity ratings; when journalists are accused by candidates of contributing to their poor performance or favouring opponents; professional reputation risks, including corruption; and legal risks, both criminal and civil, such as offering for sale any ballot paper to any person, purchasing or offering to purchase any ballot paper from any person, falsely publishing the withdrawal of a candidate, interfering with a voter in the casting of their vote in secret or revealing a voter's marking of a ballot, communicating with a voter after the receipt of a ballot paper, wearing apparel within voting precincts indicating support for a candidate, party, or contestant, or displaying posters or placards supporting candidates.
Any planning for media coverage of the 2027 General Election must include training on safety and protection, a rapid response mechanism for journalists in distress, a defence fund to enable journalists to sue perpetrators of attacks against them, insurance for equipment, written commitments by political parties to guarantee the safety of journalists covering their events, and a focal point for journalists' safety within the National Police Service.
Setting up election desks within media houses, promoting professional and responsible reporting, encouraging joint media productions, organising candidate debates, and providing safe working spaces for journalists, among other measures, must be prioritised.
