Because we tend to have such short memories, it is good to remind ourselves of the darkness that anti reform can lead to. In this article, sample the feelings of politicians Raila Odinga, James Orengo, William Ruto, media owners, civil society and Kenyans at large.

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Freedom of the media is what the draft constitution envisages for Kenyan media, which shall free the media from the draconian laws and muzzling by government. The notorious libel used to settle political scores with journalists will be checked by article 34(2)(b) which politicians have turned into a cash cow. The media freedom is guaranteed by 34(2)(a) where state shall not interfere with media freedom’s of broadcast, production and circulation of any publication or dissemination of information.

The kind of things that happened to The Standard Newspapers will never happen as the law prohibits the impunity the kind Michuki visited on the Standard.

Freedom of the media;

34. (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2).

(2) 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; or

(b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—

(a) are necessary to regulate the airwaves and other forms of signal distribution; and

(b) are independent of control by government, political interests or commercial interests.

(4) All State-owned media shall—

(a) be free to determine independently the editorial content of their broadcasts or other communications;

(b) be impartial; and

(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5) Parliament shall enact legislation that provides for the establishment of a body, which shall—

(a) be independent of control by government, political interests or commercial interests;

(b) reflect the interests of all sections of the society; and

(c) set media standards and regulate and monitor compliance with those standard.

Otieno Sungu.
UKWEL WA KATIBA UJULIKANE, UWONGO