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G21 AFRICA - PRESS FREEDOM & KENYAN POLITICS DEVOLVES: X.N. IRAKI returns to give his observations on the status of the press in Kenya in contrast to his impressions of the same institution(s) in the USA.Jackson, Mississippi, USA - One of the unintended outcomes of National Rainbow Coalition (NARC) party's victory in Kenya's general elections in 2002 was unbridled press freedom. Nothing is secret or sacred anymore, even cabinet boardroom conversations often spill over into the news headlines.
X. N. Iraki The government did not know what to do to stop what it perceived as the "assault" by the press, until now. In my opinion, the government waited for too long if it intended to do anything, the horse has bolted. It has made matters worse through the method it has employed.
The new method of responding not only gives the?government?a bad name but makes it harder for the aggrieved party to seek redress. But, to tell the truth, it has become increasingly hard for anyone to defend himself or herself against the press in Kenya once it focuses on you like a laser beam - because you need to use the same press to defend yourself!
It seems to me that, with time, the press has moved from being the fourth estate to taking the position expected fro first estate, even deciding who should be in the Cabinet! Whether this is good for the country is subject to further research.
How did we find ourselves where we are?
After 2002, NARC flirted with the press that in no doubt helped it win power. But soon the NARC coalition fell part. The part of NARC pushed out of power, easily courted the media to their side. That was not unusual; the media in the Kenya has tradit ionally sympathized with the underdogs. Those in power were left with no means to talk to the public, endear themselves or even sell some propaganda.
Unlike KANU, who came up with Kenya Times and was able to keep competitors to the KBC within Nairobi's environs, NARC was very generous in issuing broadcast frequencies. It was determined to "expand democratic space."
NARC lost the media when it needed it most. The constitutional referendum left no doubt that they had lost the media and were paying the price. The Anglo-Leasing scandal exposé added insult to injury. When the media found that it could even influence who sits in the Cabinet, it got more emboldened.
Some analysts have even suggested that the publishing of the story about Kalonzo Musyoka (a former minister) and President Kibaki meeting may have been a deliberate move to make it not happen!
Today, the government has found itself on the receiving end of the media "assault". One may almost understand its frustration, except the method used to respond.
One is left wondering whether NARC has any political strategists. Despite the show of force, it is hard not to see the political fallout from the raid, including bringing the government's opponents together again.
Writing in the Daily Nation on March 3, 2006, Nganga Mbugua suggested that we should learn from the US.?Having lived here in the United States for some time, and read newspapers from different cities, I must say few newspapers if any in the US have the national clout equivalent to Kenya's Standard or the Daily Nation.
Every small hamlet here in the US has a newspaper that focuses on local issues. Though most of the newspapers are owned by national media groups, they are really local in their content. The same applies to TV and radio stations. International news are kept at a minimum in the US, except when bad.
There are rules in the US that prevent newspapers or TV stations from becoming monopolies. That has ensured there is competition and no newspaper has the influence to make the fourth estate move to first or second place. This is the control of the media by the market.
?The other way the press is "controlled" in the US is through the courts. The fear of being sued keeps most of the papers from publishing anything that borders on lies or is libelous. As recent as last year one of the New York Times' journalists went to jail for being identified with a story that leaked the name of a CIA operative. The newspaper later dismissed her. This fear also ensures that most papers are free from "emotional" and "personal issues' which are left for the tabloids or what we call gutter press in Kenya.
Needless political correctness puts many papers in the mainstream; recall Trent Lott's statement on race in the South and the consequences?
The First Amendment has been highly quoted as the basis of press freedom in the US. However "defamation, obscenity and publication of national-security secrets have been generally determined not eligible for protection under the First Amendment." Defining what is defamation, obscene or what is a national security issue is often part of the courts' jurisdiction.
The Federal Communications Commission (FCC) also plays a watch dog role over the media though its main task is issuing licenses, just like Kenya Communications Commission. Rarely does the FCC fail to renew licenses. It pays little attention to content.
There are other controls like respect for diversity, for minorities, and the failure to rejoice when one is in trouble! And the American patriotism.
What may be self evident is that the raid on the Standard newspaper in Kenya is an extension of a political war on the media. What is in no doubt, perhaps the reason the government is so bold in carrying out the raid, is the realization that if you have the media on your side, you have the real political power on your side.
In Kenya, the power of the media is increased by its concentration; there are only a few large media houses with clout, influence. I don't know if economists can rightly call the Kenyan press industry a duopoly.
The government can fight back without resulting to "muscles" because the media is likely to get lots of sympathy from the public, politicians and even diplomatic community.
However some question remains in the background, where does press freedom start and where does it end? Who should regulate the media? Itself or the government?? In a multi-ethnic country like Kenya where we believe in what is "written" and everything is either politicized?or tribalised these are important questions.
Finally, governments, preachers, academics (like me), lawyers and journalists all have one thing in common; they have the power of the written and spoken word but are often detached from the hard reality. They often tell us what to do, when they may not have done it themselves or are not sure if it can be done. That power must be coupled with responsibility, always.
What options does the government have under the given circumstances?
For one, raiding the newspaper raised its profile. Even those who never bothered to read the newspapers will now start reading; they want to find what is "that" keeping government employees awake all night and why they should try to emulate Rambo's lifestyle.
With more people reading the newspapers, it has a wider reach, and a bigger advertising audience. And needless to say, a political audience.
The Government has a number of options.
One, it can use Powell's Doctrine, originating from the former US Secretary of State, Colin Powell. That if you must use power, you must use it overwhelmingly, leaving no chance for failure. Some analysts suggest the doctrine was an attempt to exorcize the ghosts of Vietnam. The first Gulf War did just that. We can debate why the same doctrine was not applied in the current Gulf (Iraq.)
Now and again, the NARC government has proved unwilling to do that; making policy reversals depending on the reaction of the population. I don't want to say that is a sign of weakness. Comically, why disable a press that gets into motion in a few hours time?? That portrays either unseriousness or high affinity for bad jokes. From the reaction over the raid, this approach is a successful failure. Moi used the approach with limited success.
The second approach is to befriend the media. Co-opt it. That is hard; the government has already burnt too many bridges. But there is another reason why this approach is hard to apply. The media houses are independent; they get their own revenue and rely on their own efforts, advertising and sales. It is very hard to befriend the rich unless you are rich yourself. The other reason why this approach may not work is because the media has almost nothing to gain from the government. The media would lose if they flirted with the government. Who cannot recall the KANU newspaper - though it still kicks.
Traditionally, support for the government in intellectual circles is often seen as a sign of being unsophisticated, and being a coward. With the drifting of most intellectuals to opposition, the government has been left with the brawn. I may be wrong.
So what option does the government have?
It could try the Ugandan Approach, where the ruling party has a widely read newspaper. But even that is tricky, because the readers will see through the game plan.
The Government has yet another option; "dilute" the current leadership by licensing more newspapers. But nothing works against that than customer loyalty. Reading newspapers is very much like smoking, once you get addicted to one brand, it is very hard to switch. There are even people who will not believe something till they see it in a certain paper. Starting a newspaper, particularly a daily is not the same as starting a supermarket.
How about using courts? Cases may drag too long and the effect many not be as expected.
Looking at the options described, it isn't hard to see why the government probably decided to use the 'slash and burn" approach - brawn instead of brain.
However there is an option that will cost the government nothing, and little pain. Let the government have nothing to hide, tell the truth, don't most the government officials who love going to church know that "truth will set you free" But it seems to me that the term Serikali (government) and sirikali (great secret) will rhyme for a long time to come!
If the government can be plain in her deals, be they procurement, employment, or promotions (within the realms of national and economic security), the media would have no reason to rail against the government. In fact in countries where governments are clean, the highest circulation newspapers are often tabloids!
But are we likely to have such a government?
Maybe. If only we have had less false starts. We tried at independence, after multiparty and we are still trying. And we should not give up. Probably if we yelled at the governments around that time, they would be more open and progressive than today. WE may never have a prefect government, but we can have a better government.
Americans or Britons rarely yell at their government the way we do, probably they yelled them to shape long time ago. A long list of cases involving press freedom testifies to that. At the same, time, we must start seeing our political leaders as our servants not our masters. In fact it is the distance they keep from the "small man" that make exposés on their behavior, be it political, marital or even business so juicy.
In the US, you will find political leaders driving their cars, shopping alone with minimal security, why should they be protected if they have stolen nothing?
An objective and free press is like a fragrance that freshens the whole house. An objective and vibrant press, stops the society from ossifying, decaying into obsolescence. It exposes the society's evils so that they may be rectified. An objective and vibrant press can catalyze our economic and social progress by imbuing us with confidence, a sense of patriotism, belonging and national pride.
An objective and vibrant media can simultaneously pursue its own interests like making money while at the same time acting as an agent of positive change that underlies social and economic progress-that is not about to change. What is also unlikely to change is the realization by political competitors that courting the media can be an effective means to power. But the media is like a beautiful and proud girl - wooing her is not easy.
X. N. IRAKI, A lecturer at the University of Nairobi's Faculty of Commerce, is currently a Fulbright Scholar in Mississippi - in the American Deep South.
The opinions expressed in this article are those of the author and in no way represent the opinions of G21 or its staff.
© 2006, GENERATOR 21.
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