By Juma Kwayera

NAIROBI, KENYA: Research worldwide shows a correlation between corruption and absence of freedom of information laws, which translates into the media lacking the legroom to uncover filth in Government.

Kenya, one of the countries with the worst corruption indices has been reluctant to enact laws to allow the unrestricted access to information, especially graft-related.

The closest the country came to passing such a law was in 2007 vide a private members Bill that went through the first reading in Parliament, but was dissolved before it matured for debate in the House.

Aggressive reporting

According to Freedom House, a US-based organisation that keeps tabs on democracy, governance and corruption in the world, the absence of an express law that shields the media against libel suits provides avenues for the vice to flourish in a country.

In accounts on Kenya in the last decade, Freedom House says in its 2008 report: “Kenyan media have typically enjoyed a reputation for vibrant, aggressive reporting. However, their independence was threatened by the government in 2007 in a number of ways, including the establishment of a statutory media council to regulate the media and the banning of live news broadcasts following the failed presidential election in December.”

While Media Council of Kenya has been useful in reigning in on rogue media outlets, Freedom House says its independence is somewhat compromised as appointments must be given the nod by the Minister for Information and Broadcasting.

Political Influence

Freedom House reports: “Although defamation remains criminalised in Kenyan law, the Attorney General declared in a 2005 defamation case that the archaic law would no longer be used to suppress freedom of expression... In December, Parliament passed amendments to the Communications Act that permit intrusive government regulation of the media and allow the Information Minister to assert undue political influence on the media licensing body, the Communications Commission of Kenya.”

In general the law gave the commission the authority to regulate broadcast content and scheduling.

South Africa, hitherto the continent’s success case in terms of economic development has since the coming to power of President Jacob Zuma increasingly been swamped in financial fiddling that led to the resignation of former police boss Jack Selebi.

Some of the president’s close friends are also serving terms behind bars after the media lifted the lid off their sticky hands.

Consequently, the southern African economic giant recently came up with a law that essentially restricts media freedom to access information in state custody.

South Africa’s parliament approved a bill for managing state secrets, ending a three-year battle over legislation critics say could be used to cover up corruption.

The Protection of State Information Bill is a hotly contested legislation, but the government says it is needed to provide more effective regulations for managing sensitive information 19 years after the end of apartheid rule.

Public issues

Global anti-graft watchdog, Transparency International, links Russia’s move to enact a law to govern non-governmental organisations to increase in graft.

The new laws target civil society’s ability to hold governments to account and would misrepresent what non-governmental organisations do.

“Singling out organisations that work on legitimate public issues, such as access to information, the rule of law and whistle-blower protection, and labelling them ‘agents of foreign influence’ is completely wrong and sends an ominous message to the people of Russia who took to the streets more than 20 years ago to fight for their freedoms,” Huguette Labelle, TI chair says.

Allow corruption

Labelle fears that the amendments to the law would set a precedent in a region where corruption is a way of life. Eastern European countries are ranked among the most corrupt on the TI Index in the world.

Save for Nigeria and a few other countries, most Africa governments are never keen on enacting freedom of information laws, which in part, experts say, explain the high levels of corruption on the continent.

Africa’s list of corrupt countries, which incidentally boast of high incomes per capita income include Mauritius, Botswana, Senegal and Seychelles.