Allow media space for Kenya to thrive

In its judgement recently, The High Court said the Complaints Commission of the Media Council and the Communications and Multimedia Appeals Tribunal of the Communications Authority had the powers to slap media houses, editors and journalists with the hefty penalties. Such provisions in law will encourage self-censorship and ruin the media's place as a public watchdog.

What the judges missed or perhaps ignored is that the issue here is not about the principle of punishment for wrong-doing. It is about the "judge" or the "referee". It will be impossible, even naïve, to expect a fair trial in a team picked by a government-heavy selection panel. If, say, there is a complaint, the tribunal or the commission might "hear" the media's side of the story, for show, but if the puppet masters want blood, they will get it, plus their pound of flesh.

Everyone knows the ruling class dislikes the media. Also, the media, for years, has never trusted the ruling elite. When you have the government in control of bodies to punish the media, you kill the Fourth Estate. Such draconian provisions blocking vigorous and justified criticism of the rogue and powerful have no place in democratic societies.