Kenya’s Media on the Brink: Can New Proposed Reforms Save Press Freedom?

Nairobi, Sept 18 – A bold set of reforms proposed by a government-led sectoral working group is set to shake up Kenya’s media environment, targeting the crippling revenue losses and financial pressures that have left media houses vulnerable. In a report, the Information, Communications, and Digital Economy Sectoral Working Group (SWG) has outlined a comprehensive strategy that includes creating a National Content and Media Policy to strengthen media diversity and independence. Central to this proposal is the establishment of the Media Diversity and Sustainability Fund, designed to support media diversity, research, journalist training, and public interest news.

The reforms also seek to transform the Government Advertising Agency (GAA) into a Semi-Autonomous Government Agency (SAGA), expanding its mandate to cover counties and other public entities. This comes despite long-standing criticism of the GAA as a powerful gatekeeper of public advertisements, with critics arguing has been used covertly to exert crippling influence over media coverage. Alongside this, the report also proposes restructuring the Kenya Broadcasting Corporation (KBC) to modernize it into an independent public broadcaster, addressing its longstanding inefficiencies and enhancing its ability to compete in the digital age. These changes are aimed at protecting the independence and integrity of Kenya’s media amidst escalating challenges.

Yet, even as these sweeping reforms are proposed, Kenya’s media, once a vibrant force in East Africa, is suffocating under the weight of government control. The government continues to undermine the industry it relies on for public communication by withholding advertisements and cutting back on placements. This covert stranglehold has led to a sharp decline in revenue, pushing media outlets to downsize and lean toward self-censorship just to stay afloat.

The Friedrich Naumann Foundation for Freedom’s policy paper, Media Under Pressure: The Trouble with Press Freedom in Kenya, published in October 2023, warns of a growing domino effect. As financial constraints tighten, media houses are forced to reduce investigative journalism and compromise editorial independence. This echoes a 2019 ARTICLE 19 Eastern Africa report, Soft Censorship through Public Advertising, which highlighted how pressure from advertisers and government entities undermines journalistic freedom. ARTICLE 19 found that financial pressure leads to self-censorship, stifling cooperation among competing outlets and solidarity groups.

Much of this distress stems from the government’s unpaid advertising debts. Kenyan media houses are owed a staggering Sh2.5 billion, with some debts dating back over a decade. Both national and county governments are responsible for these debts, which have led to layoffs and restructuring in the media industry. With an estimated 30% of newspaper revenues coming from government advertising, experts argue that clearing these debts would provide immediate relief and restore the media’s capacity to fulfill its crucial watchdog role.

Professor George Nyabuga from Aga Khan University is blunt in his assessment: “One of the major ways we have seen this play out in Kenya is the abuse of state or government advertising. The setup of GAA in 2015 is one way of looking at soft censorship because that has been used to punish ‘errant’ media houses by refusing to place advertisements in media houses seen as ‘anti-government.’” He adds that the government’s deliberate delays in paying for advertising forces media houses to “beg for their money,” further weakening their financial standing and independence.

The establishment of GAA and the launch of MyGov—a government-owned publication in 2017—further entrenched the government’s ability to exert soft censorship. By consolidating advertising revenue and payments into a centralized system, the government has been able to quietly but effectively punish media houses that dare to publish critical coverage. This has resulted in a media environment where journalistic integrity is increasingly traded for financial survival.

Prof. Nyabuga cites the government’s selective advertising preferences, especially toward MyGov and The Star newspaper, as a prime example of this control. By favoring loyal outlets, the government uses what he refers to as “the carrot strategy”—rewarding compliance and punishing dissent. In this environment, media outlets are susceptible to manipulation, with editors often resorting to self-censorship to preserve financial health. “In a situation where media are suffering financial challenges, employment, and talent retention are based on one’s financial position. As gatekeepers, editors are hardly capable of publishing stories that would further harm their relationship with funders, advertisers, and sources,” he explains, likening it to “one cannot bite the hand that feeds them.”

Mary Mwendwa, editor at Talk Africa, speaks to the growing challenges within the sector, pointing out the fragile nature of press freedom in Kenya. “Compared to our neighboring countries, we enjoy media freedom to some extent; however, in the current regime, the rope seems to be getting tighter.” Mwendwa’s remarks highlight the precarious situation, where even minor shifts in government policy can lead to severe repercussions for journalists and media houses. The case of a junior editor at Tuko—an online news platform—who faced punitive damages for unfavorable coverage of government figures has instilled fear in many journalists.

Investigative journalism, once a hallmark of Kenya’s media, has become rare, with most media houses lacking the resources to sustain active investigative desks. As Mwendwa put it, “Investigative journalism and good news features require significant support in time and resources for logistical purposes.” However, the proposed reforms offer a glimmer of hope. Measures such as the Media Diversity and Sustainability Fund have the potential to revive investigative journalism and bolster press freedom.

The financial struggles have also led to a mass exodus of journalists from mainstream outlets, many of whom are accepting government positions to survive. Those who remain face delayed salaries and work under increasingly challenging conditions. Freelancers, in particular, struggle to secure consistent work contracts. “Journalists accept terms and conditions that barely meet the bare minimum,” says Eric Oduor, Secretary General of the Kenya Union of Journalists (KUJ). “[They] are workers, like those in any other profession, and they deserve fair compensation. This is not just a matter of pay; it’s a human rights issue that impacts their safety and security as they represent the less fortunate and shape public discourse.”

In the face of these challenges, Kenya’s digital landscape has seen the rise of alternative platforms like The Elephant and Africa Uncensored, including Journalism Hub East Africa, which provide in-depth analyses and investigative reporting on underreported issues. These platforms have gained traction among audiences seeking content beyond the mainstream narrative, yet they too face sustainability challenges. Dr. Patrick Mutahi, Media and Protection Consultant for the freedom of expression organization ARTICLE 19 Eastern Africa, warns that many of these outlets rely heavily on donor funding, which can be unpredictable. “The media houses may struggle to continue producing investigative journalism if donor priorities shift or funding diminishes,” he says, adding that governments often view donor-backed journalism as external influence, which could lead to tighter regulations.

Catherine Gicheru, founder of the Africa Women Journalism Project, emphasizes how media ownership and financial dependence have eroded journalistic integrity. “The dominance of particular interests has sometimes led to biased coverage, limited diversity of viewpoints, and challenges in holding power to account,” Gicheru explains. This erosion is further compounded by the political elite’s control over much of Kenya’s media, often driven by personal agendas. With dominant entities like Nation Media Group, Standard Media Group, and Royal Media Services overshadowing independent voices, the media landscape has become increasingly skewed.

Amid these challenges, media supporters are rallying behind Prof. Timothy Mwololo Waema’s bold recommendations from the Sectoral Working Group (SWG). The proposed National Media Policy and Media Diversity and Sustainability Fund, alongside the overhaul of KBC, aim to counteract media bias and concentration of power. Long-standing critics have highlighted KBC’s inefficiencies and its failure to serve the public interest effectively. These reforms seek to address those issues by enhancing KBC’s independence and efficiency, ensuring it competes effectively in the digital age. Additionally, realigning Kenya News Agency with KBC’s needs further underscores the drive towards a revitalized, robust media environment.

This combination of self-imposed restraint, political pressure, and financial struggles creates an environment where the truth is stifled. The industry’s ability to hold power accountable has weakened under these strains, further exacerbated by political rhetoric targeting the media. Mwendwa notes that politicians increasingly blame the media for unfavorable coverage, intensifying the hostile environment. For example, Deputy President Rigathi Gachagua’s recent remark that “the media ought to be gagged” reflects the chilling rhetoric from high-level officials. Meanwhile, physical and verbal attacks on journalists, particularly during politically charged events such as protests, have reached alarming levels, with reporters being targeted for merely doing their jobs.

The Kenya Media Sector Working Group (KMSWG), the driving force behind the Media Diversity and Sustainability Fund, had proposed that the fund be supported by an industry-agreed levy on advertisement revenues. Their initial suggestion included utilizing the fund to support essential media operations such as research, journalist training, equipment acquisition, and the production of public interest news. This initiative, inspired by successful models from other countries, aims to stabilize and fortify Kenya’s media sector.

These reforms present a crucial chance to invigorate Kenya’s media industry and protect press freedom. Rosalia Omungo, CEO of the Kenya Editors’ Guild, highlights that the Media Diversity and Sustainability Fund will be essential for supporting investigative journalism and equipping reporters and freelancers with crucial resources.

ICT and Digital Economy Cabinet Secretary Dr. Margaret Nyambura Ndung’u, speaking at the launch of the report on September 16, pledged strong support for the proposed reforms, stating, “A report is only as good as its implementation.” She announced the creation of a high-level governance framework to oversee the execution of these recommendations and ensure their effective implementation. The Sectoral Working Group was formed in September last year to review and assess existing policies, legislative frameworks, and operational structures within the ICT sector in Kenya.