Kenya Editors Guild terms as ‘illegal’ gov’t appointment of committee on election debates

In a statement issued on Monday, the Kenya Editors Guild termed the appointment Gazetted on April 8, 2022, as unlawful and a violation of the independence of the media.

"The Gazette Notice is unconstitutional, illegal and untenable in the context of the democratic discourse for the following reasons: The involvement of the Cabinet Secretary on issues of the news media through the Gazette Notice amounts to control and interference with the Independence of the Media. This explicitly violates Article 34(2)," reads the statement.

According to the Kenya Editors Guild, the work of the Technical Working Committee will significantly impact the workings of media houses that are currently preparing and organising to host presidential and electoral debates.

"This contravenes the values of transparency, public participation and inclusivity. The process contemplated by the Cabinet Secretary instead, runs parallel to what the Media Industry players have by themselves put in place to ensure coverage of the elections including debates by aspirants," the statement further reads.

"Ultimately, the Gazette Notice putting in place the Technical Working Group violates the Constitution, the Media Council Act and the Elections Act considering the process by which it has been established, its functions and the Governmental entities involved in its working. It can only be viewed as illegal and undemocratic and is tantamount to interference with the media coverage of the electoral process."

The Editors guild has since written to the Cabinet Secretary seeking that he rescinds the decision to appoint the committee in the interest of media freedom.

"Editorial work, especially during an election, is the primary and inviolable duty of the news media in a democratic society. State officers and state agencies have absolutely no role in this, and must reject any temptation to interfere, as that would be an invitation to engage in illegalities," reads the statement.

The Media Owners Association, the Media Council of Kenya and the Kenya Editors’ Guild have already set up a joint secretariat on election debates, complete with workstreams.