Kenya: Journalists in the crossfire – press freedom in danger

Freedom of the press

Catherine Wanjeri Kariuki, a television and radio reporter from Nakuru, Kenya, at a police station. A police officer shot her in the leg despite her press pass being visible. The incident was reported to the Independent Policing Oversight Authority (IPOA). Photo credit: Robert Kibet/IPS

NAIROBI, Aug 15, 2024 (IPS) – In the heart of Nairobi, where tear gas filled the streets, Kenyan police blurred the line between journalists and protesters. A wave of anti-government protests sparked by opposition to a proposed finance bill escalated into violence, with journalists increasingly caught in the crossfire between police and protesters.

On March 27, 2024, when opposition leader Raila Odinga's convoy drove through Nairobi, reporters and photographers followed closely behind, documenting the unrest against President William Ruto's government. Despite showing their press credentials, they were met with hostility rather than protection. Outside Langata police station, officers deliberately attacked Standard Group journalists with tear gas grenades, even after they had identified themselves.

This brutal crackdown was not limited to Nairobi. Across Kenya, journalists were brutally attacked, arbitrarily arrested and their equipment destroyed. Despite clearly carrying press credentials, a police officer in Nakuru shot Catherine Kariuki, a Rift Valley journalist, in the leg. The incident was captured on video and left no doubt that it was premeditated. The Kenya Union of Journalists (KUJ) immediately condemned the attack and called for a thorough investigation and accountability.

The grim reality is that Kenya, ranked 102nd on the Reporters Without Borders (RSF) World Press Freedom Index, is experiencing a serious erosion of press freedom. Although the country offers a diverse media landscape, many media outlets are under the control of politicians or people close to the government, fostering a culture of fear and self-censorship.

As the protests continue, so does violence against those tasked with documenting them.

“We are against media censorship and the government's attempts to dictate what should be broadcast. Freedom of the press is guaranteed in the constitution, but the government is increasingly interfering,” says Zubeidah Koome, president of the Kenya Editors' Guild.

The case of Catherine Kariuki, who has not received justice despite clear evidence, has become emblematic of the wider crisis. RSF referred the case to the Independent Policing Oversight Authority (IPOA), but the lack of response has only heightened concerns about accountability.

Threats to press freedom in Kenya go beyond physical violence. There are reports of government threats to shut down Kenya's national television station KTN after it aired footage of protesters storming parliament. The station eventually suspended operations, citing financial constraints as a result of the ongoing economic crisis. However, insiders suspect that senior officials in the communications authority ordered television signal providers to shut down KTN – an apparent attempt to suppress media coverage.

The International Federation of Journalists (IFJ) joined KUJ in condemning these actions, calling them a shameful attempt to restrict press freedom and deny Kenyan citizens access to information. IFJ Secretary General Anthony Bellanger called on the Kenyan government to investigate the brutality against journalists and hold those responsible to account.

Parliamentary reporter Elizabeth Mutuku shared these concerns, describing the fear she and her colleagues felt when they were branded as criminals simply for doing their jobs.

“Our biggest mistake that day was not showing Kenyans exactly what happened. Some of us were labelled as criminals and we were told that an investigation was underway. We wonder what investigation they are conducting,” Mutuku said.

Freedom of the press is enshrined in the 2010 Kenyan Constitution, but over 20 laws and regulations regulating journalism challenge the basic principles of press freedom. For example, the Computer Misuse and Cybercrime Act of 2018 provides for up to 10 years in prison and a fine of 40,000 Kenyan shillings for spreading information deemed to be fake news and likely to incite violence.

Amnesty International, in its 2024 State of Media Freedom analysis, highlighted that the deliberate disruption of internet connectivity and the adoption of strict security laws are part of a broader strategy to silence the media and control the flow of information. Despite earlier assurances, internet access was temporarily disrupted nationwide during the protests, leaving millions of Kenyans without real-time information about events.

The threats faced by journalists in Kenya mirror the challenges faced by their colleagues in neighbouring East African countries, where journalists face threats, harassment, intimidation, beatings, arbitrary arrests and prosecution. In February last year, for example, a court in Mogadishu sentenced journalist Abdalle Ahmed Mumin to two months in prison for allegedly disobeying government orders.

In Ethiopia, at least nine journalists have been arrested since August 2023 due to ongoing conflict, according to Amnesty International, and five of them are still in custody. Three of these journalists are facing charges of terrorism, which could result in the death penalty if convicted.

Dinah Ondari, a security expert at the Media Council of Kenya, wondered how the agency responsible for protecting press freedom could violate it. “It is disheartening to see the frustrations journalists face. In Kenya, as a journalist, every time you speak out, you have to constantly look over your shoulder to see who is targeting or following you,” noted Zubeidah Koome.

The victims included Joe Muhia and Iddi Ali Juma of the Associated Press (AP), who were arrested and later released after being assaulted. In an incident captured on video, Standard Group video editor Justice Mwangi Macharia was arrested and forcibly dragged from a moving police vehicle, sustaining physical injuries.

Sammy Kimatu, a reporter with Nation Media Group's Taifa Leo, was also thrown from a moving police Land Rover and sustained injuries. Maureen Murethi (NTV) was also hospitalised after police aimed a grenade at her while she was covering the protests and the shooting of journalist Catherine Wanjeri in Nakuru in the Rift Valley.

Kenya is on the brink of the abyss and the international community is watching the situation closely. Will the country preserve its democratic values ​​or succumb to the darkness of repression? The answer could well determine the future of press freedom in Kenya.

A notable incident was the mysterious 2022 killing of renowned Pakistani journalist Arshad Sharif in Nairobi. Kenyan police fired several shots at Sharif's vehicle, killing him. Last month, the Committee to Protect Journalists (CPJ) welcomed the Kenyan Supreme Court's ruling that the 2022 killing of Pakistani journalist Arshad Sharif was unlawful. Angela Quintal, CPJ's Africa program director, noted in New York that while the “verdict represents an important step toward ending impunity in this case, Kenyan authorities should ensure that real justice is served by prosecuting those responsible for Arshad's fatal shooting.”

On this year's World Press Freedom Day, UN Secretary-General Antonio Guterres warned of the increasing dangers facing journalists around the world. In his address, he described journalism as an increasingly dangerous profession. Over the past decades, dozens of journalists have been killed while reporting on risky topics, and in the vast majority of cases, no one has been held accountable.

Speaking at a recent roundtable discussion with government officials and media leaders, David Omwoyo, CEO of the Media Council of Kenya, stressed the need for a critical space for media freedom and democracy. “We must stop branding the media as anti-government. The media should play its rightful role within the prescribed standards. Given the crucial role of the media in democracy and governance, anyone fighting the media is inappropriate,” Omwoyo stated.

In addition, Zubeidah Koome called for an end to attacks on the media.

“We remain steadfast in our call to end violence and threats against journalists. However, no significant progress has been made and violence against the media continues to escalate. We hope that appropriate action will be taken against those who attack journalists. At the same time, the media industry must adapt ethical behavior to modern times.”

Erick Oduor, Secretary General of the Kenya Union of Journalists, stressed that all stakeholders must work together to find solutions to the challenges facing the media industry, especially at these critical times in Kenya.

“Unfortunately, current events in our media space continue to impact Kenya’s press freedom rankings. As media stakeholders, we stand ready to work with the government at all levels,” he told IPS.

“The unfortunate incidents remind us that members of the National Police Service remain the weak link in Kenya's quest for freedom of expression and media freedom as enshrined in our Constitution. We call on the Inspector General of Police to rein in his officers by ensuring that journalists are protected and not harassed in the performance of their duties in any working environment,” Omwoyo said in a statement, noting that 24 cases of harassment against journalists have so far been documented during the recent protests.

The International Press Institute (IPI) reported in its research that it had documented four cases of journalists killed in Sudan as of June 2024, with the killings carried out by the Rapid Support Forces (RSF). The journalists named by the IPI include Muawiya Abdel Razek, who was killed along with his three siblings in Khartoum. Others include Makawi Mohamed Ahmed, Alaadin Ali Mohamed and freelance journalist Ibrahim Abdullah.

Report of the IPS-UN office