THE WATCHDOG ROLE OF THE FOURTH ESTATE KENYA by kamau mbote

The media has at times stood up to the occasion in showing an efficient executive as well as the opposite. The Daily Nation on the February 1st 2007 put on its headlines a statement by the foreign affairs minister warning diplomats not to involve themselves in the general election. It ignored a hot story of Kamangu going to court to stop Bishop Wanjiru’s wedding clearly indicating that they wanted to show an efficient executive. Earlier on 26th January, the paper had put as its headlines the justice minister supporting the president’s decision not to consult with the opposition when selecting commissioners to the electoral commissioner. The newspaper neglected a hot human interest story of gay people in Kenya coming in the open and demanding their rights at the world social forum meaning that their aim was to show an efficient executive. The Kenyan media however did not openly remind Kenyans that the appointment of Njenga Karume was a case of square pegs in round holes and was most likely both politically and ethnically motivated. They failed to tell us that other members of parliament such as honorable Konchella was more qualified having once served in the armed forces. In Moi’s regime the appointment of ministers such as former Mvita MP the late Shariff Nassir was another case of an inefficient cabinet that went not highlighted.
The media did not harmoniously condemn the raid on the standard group by the executive but downplayed the event and it died out after a few days. The newspapers except The Standard did not take great initiatives in following the Artur brothers’ saga since it involved members of the denounced president’s family and ministers in Kibaki’s government as well. This proved that the media in Kenya has taken sides to be either anti-government or pro government. It was no wonder on Jamhuri day the year 2006 that The Daily Nation termed the presidents speech as inspiring and The Standard used Raila to say that the speech did not highlight important issues that are affecting Kenyans.
The media also failed to follow up both the Goldenberg and Anglo-leasing cases even after unearthing them and letting highly ranked government officials and ministers walk away. Though evidence was produced the media shied away from following the case right upto the attorney general chambers where the case was unceremoniously buried. The media can however be awarded for the sacking of Mwiraria, Kiraitu Murungi and Saitoti during the Anglo-leasing investigation. The reporters did not follow up on why a civil servant Winnie Wangui was able to go overseas and conduct business for weeks while she was supposed to be working for the government.
The media also acts as a conveyor belt where it only prints the names of chosen provincial commissioners and permanent secretaries without ever exposing their background activities and qualifications. This has happened since independence at times where Kenyatta’s government would have only Kikuyus as PC’s or Kalenjins during Moi’s regime. The media then encouraged tribalism to prosper on a country with dozens ethnic communities.
In the legislative assembly the media has also sometimes done their role each time they reported of bills that were passed with no quorum as stated by the constitution and sometimes they have boldly named those present though they should make it a daily affair so that the voters can know how their representatives attend to their duties. On the opening of parliament both Nation and K.T.N television in their news bulletins showed pictures of the honorable members of the legislature snoring away during the presidential speech leading to their condemnation even by the house speaker. The media has however failed to campaign for their right to broadcast live parliamentary proceedings for Kenyans to see. Further more the print media has not been printing the Hansard’s printout for us the readers to follow actual proceedings from parliament.
Members of the legislative assembly have been keeping quiet as gerrymandering continues in both Kibaki’s and Moi’s regime but at last the nation newspaper finally came out to explain these activities to Kenyans. On The Daily Nation of the 6th April 7, 2007 carried a section with the title ‘Politicians gerrymander and filibuster?’ and clearly explained these terms in relation to Kenyan politics. As a result of this gerrymandering Kenya is divided into two hundred constituencies some with ten times the number of voters the other holds with Embakasi having over one hundred thousand voters and areas like Marsabit having even less than a thousand voters. The other newspapers have however shunned away this issue much as it is overdue hence the voters do not even realize when it happens and its effect on the election outcome.
For the legislative assembly to become supreme it must represent the wish of voters and which must start with them having a chance to elect their representatives. The media has then failed to remind the youth to get their identification and election cards whenever the electoral commission embarks on registering new voters. It seems like the media is waiting for the electoral commission to advertise with money. On March 30th 2007 the second round of registration came to an end but instead of newspapers and other media letting their readers and viewers aware of its conclusion in advance they only reported when It was over. The Nation newspaper posted its headlines about the review talks and did not mention anything about the process coming to an end. On 31st The Nation now reported of the end of the process with the following headline ‘Poor turnout as voter listing ends’. This is then a clear indication of the Kenyan media not performing in its public campaign role but if they would have however liked to shift the blame to the electoral commission they would have challenged the commission to go on the streets and let the people know.
The media is not highlighting the legislative assembly inefficiency
though it is clear to everybody that this parliament has passed the least number of bills since independence. It had for a fact not passed a single bill by January 2005 three years since they were voted in. The justice minister openly said that this is the worst parliament since independence yet media which should be the watchdog did not reflect this in parliament scorecard. She regretted that the level of debate had declined with most MP’s focusing on settling political points (The Daily Nation March 31st page 4). This parliament took to the campaign trail months before the general election was due but the media kept on covering this and even giving some candidates undue advantage. One of the reasons that the ODM-Kenya has always been in trouble is because K.T.N and The standard have always given Raila Odinga more media coverage.
During the referendum the media did not teach the electorate about the draft constitution and they let the legislature control the process though the media itself ad a lot to benefit from the Wako draft. It is known that if the draft had passed something like the raid on the Standard newspaper would not have been justifiable by law. The official Secrets Act that limits the media’s freedom was to be scraped out and would have then made the follow up of cases such as Anglo-leasing and Goldenberg wonderful exposes. Cases like the Marsabit plane crash would not have been kept secret because they involved a military plane and the families of the victims would have learnt the truth.
Though the legislature has been increasing it salary packs to new high each time they will the media has for long not displayed the fury of the electorate. By doing this the MPs would have kept their salaries low just like the president did when they media exposed a plan by MPs loyal to the government to increase his salary. The media turned the incident to a crisis for the executive where public relations had to come to play and the president condemned this act. Had the media then exposed all such schemes wouldn’t our MP’s be earning a reasonable salary?
The judiciary in Kenya is well known for its delaying tactics where a case involving a by-election is known to be delayed to the next general election as the case involving Kisauni constituency between assistant minister Mwamboza and opposition nominee Ali Hassan Joho. Even though the truth has already been seen to be done the saying justice delayed is justice denied since Joho used a lot of money for campaigns as well as for the court cases and the people of Kisauni are not represented by the person they chose. The media has again kept quiet on this case maybe because of legal issues but should have used this to expose the inefficiency of the electoral commission.
The fact that judges are chosen by the president makes them vulnerable to political manipulation hence the media should bring this up ad campaign for ratification by Parliament. The media should once again expose judges/lawyers with questionable characters but recruited to top posts. Towards this end, investigative journalism has left a lot to be desired in Kenya. This judges should also declare their wealth publicly and those of their family members as well but the media though civil servants declared their wealth has done so little to let the electorate know.
The media in Kenya has also nailed people when their court case is still in court or still under investigation. Individuals like Kamlesh Patni, Bishop Gilbert Deya, Shimoli, and Matheri among other Kenyans have already been made guilty in the eyes of Kenyans though no court found them guilty. The Artur brother’s were almost beaten up by an angry mob after the media made people believe they were mercenaries even before any evidence was produced. Shimoli himself openly told journalist upon his release that they were responsible for getting suspects shot by police for making them look bad. Shimoli had been termed by the media a man behind eighty-eight rapes, robbery with violence among other offences but was only found guilty of one offence of which he was jailed for eight years. The judiciary is however not warning journalist against such malpractice in attempt to create headline stories maybe because the judges are corrupt or suspects are no longer getting protection hence the journalist kept quiet even as the police executed Matheri in cold blood in a country with laws protecting its citizens.
The electoral commission of Kenya is not independent since they are chosen by the president hence he can fire them at will without consultation if they do seem not loyal. The president has power to create constituencies if he so wills without consulting the commission hence MPs continues to mock Kivuitu as a toothless bulldog since he does not have power over the executive and political parties. Though the media has duty to know whatever happens in the electoral commission the commissioners are however not obliged to give any details to the media. The media has therefore failed in letting the electorate know whenever any details are not provided to them for the readers and viewers to voice any disconcert in any issues they find not convincing. The media has however given Kivuitu a lot of space in their news hence empowered him that today he has the power to voice any concern to the president a power not many politicians themselves possess.
In conclusion the media has improved both in their reporting style and diversity of issues since independence and from regime to regime. No one would have dared air news of politicians talking ill during Moi’s or Kenyatta’s regime. No one would have exposed the Anglo-leasing related cases through the other regimes among other great improvements we see today. The media however has to shun away from political affiliations with certain leaders or otherwise openly declare their support like citizen television did during the referendum. The media must stop demarcating certain regions as belonging to certain political parties especially due to tribe as this creates hate and encourages tribalism. The Kenyan media must also encourage professionalism and discourage monopoly in this fragile industry form which they earn their daily bread.