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DE RUEHNR #2640/01 3551129
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FM AMEMBASSY NAIROBI
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INFO RUEHDJ/AMEMBASSY DJIBOUTI
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RUEHNR/AMEMBASSY NAIROBI

UNCLAS NAIROBI 002640 
 
SENSITIVE 
SIPDIS 
DEPT FOR AF/PPD WHARTON, KEMP, STRASSBERGER 
IIP MURPHY, DOMOWITZ 
AF/E DRIANO 
 
E.O. 12958: N/A 
TAGS: OPRC KPAO KMDR KE
SUBJECT: Kenya's Media: Part I - Overview and the New Media Law 
 
¶1. (SBU) Summary.  This is the first part of a four-part report on 
the state of the Kenyan Media.  The parts are:  1) Overview and the 
new media law; 2) Radio Stations; 3) Media Houses and Cross 
Ownership; and 4) Role of the media and New Trends.  Since the 
liberalization of the media industry in the late 90s, Kenya has 
seen impressive growth of both the broadcasting and print media. 
The role of the media during the 2007 post-election turmoil, 
particularly, that of vernacular stations, is still widely debated. 
The violence after the elections and the media's vigorous criticism 
of Kenya's leading politicians catalyzed the passage of a media 
law, which has created much unhappiness among the media.  It is not 
clear if the GOK's Communications Commission of Kenya (CCK), even 
with the new media law in play, would be able to rein in 
politically well-connected media houses.  Many also fear that the 
government could apply the new rules selectively to constrain 
critical reporting.  End summary. 
 
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Vibrant Media 
 
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¶2.  (SBU) The media industry in Kenya was largely state-controlled 
from 1963 to the late 1990s.  In 1990, Kenya had three radio 
stations and two television stations, all state-owned and operated. 
When the government began de-regulating the media in the late 90s, 
the number of all forms of media grew rapidly, particularly FM 
radio stations.  The mainstream print media today comprises five 
daily newspapers with a combined circulation of about 350,000.  The 
first private TV station, KTN, was licensed in 1990.  So far, the 
state owned KBC (Kenya Broadcasting Cooperation) remains the only 
nationwide broadcaster.  Currently, there are twelve TV stations 
and over 100 radio stations in operation.  As the liberalization of 
the media continued, the Kenyan media companies had to learn to 
survive in the fierce competitive environment that emerged.  The 
result has been a vibrant media, which aggressively ventures into 
areas previously considered off-limits, such as official corruption 
and other abuses by government officials. 
 
 
 
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New Communications Act 
 
---------------------- 
 
 
 
¶3.  (SBU) The media's willingness to shine a spotlight on GOK 
officials ' misdoings and the questionable role of some media 
outlets in the 2008 post-election violence catalyzed a new, 
potentially more restrictive media law, the Kenya Communications 
Act.  The media reacted violently to clauses in the Act which they 
believed curbed media freedom.  In addition to Section 88, which 
gave the Minister of Information power to dismantle a media outlet 
in the event of emergency, there were a series of newly-added 
clauses that would infringe upon media freedom.  For instance, the 
Minister for Information was given unchallenged power to control 
media content.  That control would be exercised through the power 
to "issue guidelines for programming codes."  The act also 
conferred on the Minister power to grant, refuse or cancel 
broadcasting licenses on the basis, inter alia, of non-fulfillment 
of "such other conditions as may be prescribed" by the Minister. 
President Kibaki, who had signed the new bill on January 2, 2009, 
subsequently succumbed to pressure from the media and the Act's 
most controversial provisions including Section 88 were removed. 
The new "final" bill was passed by Parliament in May 2009. 
 
 
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What's in the New Regulations? 
 
------------------------------ 
 
¶4.  (SBU) The Communications Commission of Kenya (CCK), the 
government agency mandated to oversee the implementation of the new 
media law, circulated new regulations in late September.  Dubbed 
the Kenya Communications Regulations of 2009, the new rules are 
considered to be the most ambitious attempt to shape broadcasting 
in Kenyan history.  They seek to regulate broadcast content, 
technology, advertising, ownership and public interest issues. 
Chairman of the Media Council (media's own self-regulatory body), 
Wachira Waruru said, "The intentions for the new regulations were 
good" but they were "issued in a haphazard way without enough 
consultations with the media."  Media owners met several times to 
strategize and fight back.  Some of there concerns were following: 
 
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Intrusive and Overarching? 
 
-------------------------- 
 
 
 
¶5.  (SBU) The new regulations stipulates, "The Commission shall 
ensure that broadcasting services reflect the culture, needs and 
aspirations of the audience and or viewers, and such services 
provide appropriate amount of local content and include news and 
information in their programming as well as discussion on matters 
of national importance as may be prescribed by the Commission from 
time to time."  It prohibits broadcaster from accepting 
sponsorships of news broadcasts, and from releasing informercials 
for a period exceeding three and half hours of the performance 
period in any day, during prime-time or during any break in the 
transmission of a children's program. 
 
 
 
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Licensing: Murky Business 
 
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¶6.  (SBU) The two most contentious issues addressed by the 
regulations remain licensing and content monitoring. 
 
In the past, licenses were issued by the Ministry of Information 
and Communication, while frequencies were allotted by the CCK.  The 
new regulations have made the CCK solely responsible for both 
operations.  Waruru agreed that this had to be the first step in 
streamlining the licensing system. 
 
¶7.  (SBU) However, several media houses disagree.  The most 
significant and potential controversial change was a proposal to 
introduce the one frequency per one broadcaster per spot rule -- 
"all licensees, except the public broadcaster shall not be assigned 
more than one broadcast frequency for radio or television 
broadcasting in the same coverage area."   Its effect will be to 
force some of the major broadcasters to surrender frequencies 
already in their possession.  According to Kiprono Kittony, 
Chairman of Radio Africa, the holding of more than one broadcast 
license is a pre-existing and non-negotiable issue, which the 
Kenyan government cannot revisit retrospectively. 
 
¶8.  (SBU) Although broadcasters are given five years to bring their 
operations in line with the new regulatory regime, powerful 
"hoarders" will resist because they have already invested millions 
in infrastructure, while their expansion plans were based on the 
multiple frequencies they have been holding.  They argue that the 
government could not "roll back" the growth of the broadcasting 
industry which was done, not by the government, but by 
enterprising, hard-working and ingenious pioneers.  Kittony 
maintains that if they have to "return" the frequencies and have to 
"dismantle" what has been already built, the Kenya media industry 
will suffer the set back.  Media owners also question who then will 
have those frequencies, expressing their lack of confidence in the 
CCK's fairness and impartiality. 
 
¶9.  (SBU) The new CCK regulations also stipulates that a license 
 
will be granted only to those who offer broadcasting services for 
at least eight continuous hours per day.  No frequency is 
transferrable to another entity without the CCK's permission. 
 
¶10.  (SBU) The CCK sees things differently.  Among the frequencies 
already issued, about 30 frequencies lie idle because the owners, 
not yet interested in operating a station immediately, keep them 
"just in case" when they may need to open a new station for 
political or other reasons.  Many politicians are believed to be 
these owners.  Some of them already have started operating their 
own stations.  Others are reportedly planning to open stations 
before the next presidential elections in 2012. 
 
¶11.  (SBU) According to the CCK's Deputy Chairman, Francis Wangusi, 
the Nairobi area has exhausted the frequency spectrum and there is 
no new frequency to be had, while some frequencies are being 
unused.  This situation not only precludes new aspiring 
broadcasters' entry to the market but also stifles healthy 
competition, says Michael Mumo, Managing Director of Capital FM. 
The phenomenal growth of the broadcasting industry meant an 
insatiable demand for the broadcast spectrum, leaving the CCK no 
choice but to deny a frequency to a "legitimate" broadcaster, 
because there are no more frequencies to be had. 
 
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Content Regulation 
 
------------------ 
 
 
 
¶12.  (SBU) The new regulations give the CCK authority to prescribe 
to broadcasters the time, type, and format of programs to be aired. 
It is stipulated, "A licensee shall not broadcast any matter which 
contains the use of offensive language, including profanity and 
blasphemy; presents sexual matters in an explicit and offensive 
manner; glorifies violence or depicts violence in an offensive 
manner; is likely to include or perpetuate hatred of vilify any 
person or section of the community on account of the race, 
ethnicity, nationality, gender, sexual preference, age, disability, 
religion or culture of that person or section of the community." 
 
¶13.  (SBU) The new regulations also require that news and 
information be presented in a balanced manner, without prejudice 
and be based on fact, not on opinion, rumor, supposition or 
allegation unless the broadcast is carried out in a manner that 
indicates these circumstances clearly.  The CCK prescribes even 
"proper" ways to conduct interviews. 
 
¶14.  (SBU) During an election period, "A licensee shall provide 
equal coverage and opportunities to political parties and 
candidates and shall not permit any broadcast sponsored by or made 
on behalf of a political party." 
 
¶15.  (SBU) Until now, program content has been self-regulated, with 
broadcasters abiding by a code of ethics established by the Media 
Council of Kenya and individual media houses' own editorial 
guidelines.  Observance of standard practices such as the principle 
of the right to reply, fairness, and objectivity which had earlier 
been left to the media houses and the Media Council, are now 
regulated by the CCK and breaches will be punished.  Media 
practioners feel that the CCK, a government-appointed authority, is 
unnecessarily empowered to prescribe what are matters of national 
importance and cultural needs of viewers and listeners.   They fear 
that it is likely to be biased in favor of promoting the 
government. 
 
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Battle Looming 
 
-------------- 
 
 
 
¶16.  (SBU) Before the passage of the new media law, many had 
characterized the Kenyan media's impressive growth as proliferation 
without regulation.  Few disputed the need to regulate the 
fast-growing broadcast industry and streamline its then murky 
practices.   Particularly during the post-election violence, when 
 
the media did not always play a helpful role, there was a consensus 
that some form of regulation was necessary.  The crux of the 
problem, however, was the overwhelming mistrust of the government 
by the public and by the media. When the CCK circulated new 
regulations in late September to media practitioners, they were not 
amused. 
 
¶17.  (SBU) Rose Kimotho, Managing Director of K-24 and Kameme FM, 
criticized the government for "trying to infringe upon editorial 
independence of media houses."  Linus Gitahi of the Nation Media 
Group suggested that each media house post its reaction on its 
website with suggested amendments.  He questions, "What criterion 
wild be used to determine which licensees qualify for the national 
license?  A subjective criterion will result in favoritism and 
bias." 
 
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Comment 
 
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¶18.  (SBU) While the rapidly expanding media market in Kenya 
clearly needed better ground rules, how the government will 
implement them remains to be seen. One concern is that they may be 
more strictly applied to those media houses openly critical of the 
government. We remain in close contact with media and government 
officials, and have made clear our concern that any media laws and 
regulations not be biased in such a way as to intimidate or 
constrain legitimate media activity. 
RANNEBERGER