Afrobarometer Briefing Paper No. 106
FREEDOM OF EXPRESSION IN KENYA:EXPLORING PUBLIC USE OF OLD AND NEW
MEDIA
by Winnie V. Mitullah
November 2012
INTRODUCTION
Freedom of expression is a human right and bedrock for development. However, experience differs acrossthe globe with some countries censoring what is communicated to the general public and totally gagging
citizens. This experience is gradually being negated as the world embraces new interactive media throughICT. This channel relays information in real time and it is almost impossible to control by governments
who are not keen on embracing public opinion in governance. This briefing paper uses the results ofAfrobarometer Round 5 to assess how Kenyans are using both old and new media as channels forexpression. In particular, it examines the status of freedom of expression, and whether the emphasis on
new media as a panacea for communication for development is a reality in Kenya.
The Afrobarometer is a comparative series of national public opinion surveys that measure public
attitudes on the social, political and economic atmosphere in Africa. The Afrobarometer’s main goal is to
produce scientifically reliable data on public opinion in Africa, while strengthening institutional
capacities for survey research and disseminating and applying research findings to development policy
and practice. It also provides a body of knowledge to ordinary citizens to effectively engage in thedevelopment process.
During Round 5, Afrobarometer surveys will be conducted in up to 35 African countries using a common
survey instrument and methodology. In Kenya, the survey was conducted from 4th to 29th November
2011 by the Institute for Development Studies (IDS), University of Nairobi. The Institute also conductedboth Round 3 and Round 4 in September 2005 and October/November 2008 respectively. Round 2 wasconducted in August/September 2003. The survey is based on an instrument that asks standard set ofquestions which permits systematic comparison in public attitudes with other countries over time. The
methodology is based on a national probability sample of 2400 (for Round 5) and 1200 (for Rounds
2,3,and 4) adult Kenyans selected to represent all adult citizens of voting age, allowing for inferenceswith a sampling margin of error of +/-2 per cent and +/-3 per cent respectively, at a confidence level of 95
per cent. The sample is drawn randomly based on Probability Proportionate to Population Size (PPPS),
thus taking account of population distributions, gender as well as rural-urban divides. The sampling
process ensured that every adult Kenyan citizen had equal and known chance of being selected in thesample. All eight provinces were represented.
BACKGROUND
Most African countries, including Kenya, are coming out of a period of restricted freedom of expression
which saw many citizens taken behind bars for saying what they believed in. Kenya’s experience withfreedom of expression is very much tied with the experience of the media in the country, which has three
distinct phases: autocratic, restrictive, and enabling proactive phase. The autocratic period dates back to
the colonial era. This period was dominated by old media, largely print and radio. Most of what was being
communicated during these two phases was mainstream information coming from colonial governors, andserving primarily white settlers and Asians. Later, after the Second World War, beginning in 1950 a radio1

serving indigenous communities went on air, but its coverage was quite limited. This notwithstanding, theprogrammes were strictly controlled and censored. In the midst of these restrictions, African politicalelites used newsletters to communicate to the groups engaged in the liberation movements.1 This still lefta large number of citizens out of communication, largely relying on word of mouth from opinion leaders.
Although most citizens expected change at independence in 1963, this was not realised. Most of thecommunications channels used by the liberation leaders reduced space for mainstream media controlled
by the new independent government in coalition with international media owners. This was a restrictive
period with no alternative media to bring out local voices, and whatever was reported by the monopoly
media houses became the operating knowledge that informed responses and public engagement. This
period was accompanied by harassment of the media, and a number of publications were banned, whilejournalists were thrown into police cells and detained for either sharing their opinion or being seen as
anti-government.2
The restrictive period began crumbling during the 1990s due to the pressure for multi-party democracy
and calls for governance reforms. This ushered in a proactive enabling period which partially opened the
media. The government approach became less restrictive, and more enabling, resulting in the licensing
and proliferation of radio and TV stations. This notwithstanding, Kenya continued to experienceintermittent government interference in the operations of media houses, which attracted protests locallyand globally. Fortunately, it was during this same era that Kenya begun embracing the new media in alimited manner. The formulation of the Information Communication Technology (ICT) policy in 2006
with an e-governance focus became a landmark and launch pad for new media. ICT, in particular theinternet, has opened the highway for exchanging information, while the mobile phone has totally changed
how people relate and do business in most countries. Although new interactive media is still
predominantly elite and urban, the availability of mobile telephones and FM vernacular stations is rapidlychanging the situation.
ACCESSING INFORMATION AND ENGAGEMENT WITH TH E MEDIA
Access to information is a vital element for development, which is of key interest to the AB opinion
surveys. The Kenya survey covered public opinion on how often Kenyans get news from different
channels, namely: radio, television, newspapers, and internet. The survey also covered public perception
on freedom of the media to publish any views and ideas, to check government, including effectiveness ofthe news media in revealing government mistakes and corruption. Last, the survey covered public viewson listening to social discussions on FM radio channels, whether they join the social discussions on FM
radio channels, and whether FM stations should have the right to discuss any topic without government
regulation.
Accessing News from Different Channels
Since 1991, when Kenya moved from a restrictive phase of media to a proactive phase, there has been
opening up of media and communication space. This is reflected in the diversity of today’s Kenyan
media, which includes traditional sources such as television, radio, print, as well as a thriving new media
via internet and mobile telephones. The FM stations and mobile phones, in particular, have developed likea bush fire. Currently, Kenya has over 90 FM stations which include almost all the 42 ethnic dialects
spoken in Kenya. These stations not only relay relevant materials to the respective communities, but also
1OmoloOchilo, P. (1993). `Press Freedom and the Role of the Media in Kenya’.Media Review 7 (3).
Mitullah, W.V. Fourthcoming. `Institutional Context of ICT and Women’s Participation in Kenya’, in Norbert
Wildermuth, Anne Sofie Hansen Skovmoes, Winnie Mitullah and Thomas Tufte (Eds) People Speaking Back?Media
Empowerment and Democracy in East Africa. Gothenburg: Nordicom Publishers.
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engage them in discussing local and national issues and provide entertainment in languages with which
the communities identify.
The proliferation of the mobile phone has been a shock in the context of poverty. In 2001, there were
below 2 million subscriptions; by 2007, the number had increased to over 10 million, and to 29.7 million
by July 2012.3 This number includes those who may not own hand sets but own SIM cards which they use
on borrowed handsets, and individuals who have more than one subscription. The sub-sections which
follow use the 2011 Afrobarometerdata to examine how citizens use different media channels to access
news.
News through Radio
Accessing news is an important aspect of development, and the level of access has an impact on how
citizens contribute and engage in local and national development. The Afrobarometer has, over the last
three rounds of surveys, asked Kenyans how often they get news from the radio. The Kenya survey has
consistently revealed the prominence of radio, which has the highest penetration both in rural and urban
areas. However, there has been some fluctuation in levels of access over time, and the Round 5 survey
reveals somereduction in access through this channel, moving from 77 per cent who get news every day
in 2003, to 71 per cent in 2005, and down to a low of 68 per cent in 2011 (Table 1).
Table 1: Frequency of News Access through Radio
2003
5
2
3
14
77
0

Never
Less than once a month
A few times a month
A few Times a week
Every dayDon’t Know
How often do you get news from the radio?

2005
7
2
5
15
71
0

2008
8
1
2
13
76
0

2011
10
2
4
16
68
0

Comparison of urban and rural residents does not reveal any remarkable differences. Gender has a higher
level of difference, with males scoring 73 per cent and females 63 per cent. There is no significant
difference across age cohorts. The high levels of access to news via radio among citizens to some extent
reflect communication infrastructure and the availability of radios. Compared to other communication
channels such as mobile telephony, radio infrastructure has extensively penetrated the country.
Television
The television is not a popular channel for information compared to the radio, although the numbers havebeen increasing steadily since 2003. The number getting news from the television on a daily basis has
increased from a paltry 22 per cent in 2003 to 33 per cent in 2011 (Table 2).
Table 2: Frequency of News Access through TV
2003
45
8
10
15

Never
Less than once a month
A few times a month
A few Times a Week
3

2005
45
7
8
14

2008
49
4
7
11

2011
40
5
6
15

Communications Commission of Kenya (CCK). 2012. Quarterly Sector Statistics Report: Fourth Quarter of Financial
Year 2011/2012.

3

Every Day
Don’t Know
How often do you get news from the TV?

22
0

26
1

31
-

33
1

Getting news from television displays major differences between urban and rural areas, with 57 per centof urban respondents getting news from this channel every day, while only 20 per cent of the rural folk do
the same. The same case applies to those who have never gotten news through television, who total 51
and 22 per cent of rural and urban respondents, respectively. In terms of gender, there were more women(44 per cent) who have never gotten news from television than men (37 per cent).
Newspapers
The frequency of getting news from newspapers is even lower than for television, and this source appears
to be declining in importance. The numbers who never get news from this channel has been increasing.
Rising from 36 per cent in 2003 to 52 per cent in 2011, with a few others getting news a few times a week
(Table 3).
Table 3: Frequency of Access through Newspapers
2003
36
11
15
23
16
0

Never
Less than once a week
A few times a month
A few times a week
Every Day
Don’t Know
How often do you get news from newspapers?

2005
42
9
14
22
13
1

2008
52
8
10
16
14
-

2011
52
9
12
17
10
1

Overall, 60 per cent of the rural population has never gotten news through newspapers, compared to a
total of 37 per cent of urban dwellers. The rural/urban divide is steeper, with 19 per cent of urban
respondents getting news from papers every day, while only 5 per cent of rural inhabitants do the same.
There was no distinctive difference between the different age groups, except for those above 55 who hada high score of 65 per cent for `never’.
Internet
The internet, which has been popularized in recent years, is not yeta common channel for getting news in
Kenya. Although Round 5 was the first time that an Afrobarometersurvey asked the question, findings
reveal that 77 per cent have never received news through the internet (Figure 1).

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Figure 1: Access through Internet
Never

77

Less than once a month5

A few times a month4

A few times a week

7

Every day6

Don't know

1

How often do you get news from the internet?
The internet is not a common source of news and comparison across urban/rural, gender and age does notyield much.Getting news from the internet is skewed towards urban areas, with the data showing 84 and65 per cent of rural and urban residents who have `never’ gotten news from the internet.
Perceptions on Freedom of Publication
Over three rounds of surveys, Afrobarometer has assessed the public’s views on the right to publish views
and ideas without government control. We offer respondents two statements, one asking whether the
media should be able to publish any views and ideas without government control, and the other asking
whether government should have the right to prevent media from publishing things that it considers
harmful to society, and ask which one is closest to their view. It is unique that the affirmative response forthe first statement was higher in 2008, scoring 77 per cent, than in 2005 and 2011, with scores of 51 and59 per cent, respectively (Figure 2).

5Figure 2: Freedom to Publish vs. Government Control
90
77

80
70
Percent

60

59
51

50
37

40
30

36
19

20

7

10

2

2

5

2

3

0
Agree / Agree verystrongly with media
freedom

Agree / Agree verystrongly withgovernment control of
media
2005

2008

Agree with neither

Don't know

2011

Agree/Agree very strongly with media freedomVs. Agree/Agree very strongly with government control of
media
This trend may be attributed to the post-election violence, where freedom of expression and publication
was thought to have contributed to the violence experienced. There were no differences between rural andurban on responses agreeing very strongly and agreeing with question one. Gender and age differences
also did not show any significant differences on this response.
In Rounds 4 and 5we also asked respondents whether the news media should constantly investigate andreport on government mistakes and corruption, or whether too much reporting on negative events, likegovernment mistakes and corruption, only harms the country. Findings indicate that an overwhelming
majority are in agreement with the first statement that news media should investigate and report on
government mistakes and corruption (Figure 3).

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Figure 3: Media Check on Government and Avoiding Negative Reporting
100
80

Percent

80

73

60

40
23
20

15
2

2

3

2

0
Agree / Agree verystrongly with media
checking government

Agree / Agree verystrongly with avoid
negative reporting
2008

Agree with neither

Don't know

2011

Agree/Agree very strongly with media check on government Vs. Agree/Agree very strongly with Avoid
negative reporting
While the scores on this question are quite positive, it should be noted that the numbers that agree thatmedia checks on government have reduced from 80 to 73 per cent, while those who agree with statement
2, that negative reporting should be avoided, have increased. Could this imply that Kenyans have begun
questioning some of the democratic gains which the country has made over the years? There are no majordifferences across regions, gender and age cohorts. Both Central and Nyanza provinces, however, had thehighest scores of 35 and 33 per cent, respectively, agreeing very strongly that negative reporting should
be avoided. These two regions are often in the media, and they are viewed as powerful politicalconstituencies. In almost all national elections which Kenya has had since independence in 1963, the twoareas have each fronted a candidate.
The survey further sought information on how effective the news media is in revealing government
mistakes and corruption, with a mixed outcome. A total of 41 per cent were categorical that the news
media is effective in revealing government mistakes and corruption, while another 37 per cent indicatedthat the news media is at least somewhat effective (Figure 4).

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Figure 4: Media Effectiveness in Revealing Government Mistakes and Corruption
41
37

14
5

3

Not at alleffective

Not veryeffective

Somewhateffective

Very effective

Don't know

In this country, how effective is the news media in revealing government mistakes and corruption?
Interactive MediaInteractive media has been noted to be penetrating popular communications, and the Kenya survey
developed country specific questions in Round 5 to get a glimpse of the dynamics of this assumption. The
questions asked how often respondents listen to social discussions on FM radio channels, how often theycall or join these discussions,andwhether FM radio stations should discuss any topic without government
regulation, or whether government should limit discussion topics.
While there has been lots of hype about social media penetration, the Kenya survey reveals that only 56
per cent are regular listeners to social discussions on FM radio channels, with 16 per cent non listeners,and 27 per cent listen occasionally (Figure 5).

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Figure 5: Listening to Social Discussions on FM Radio Channels
39

27

17

16

Never

Sometimes

Often

AlwaysHow often do you listen to social discussions on FM radio channels?
The numbers who call or join the social discussions are much lower: just 3 per cent do it “always”, and 16
per cent sometimes engage in the discussions. More men (44%) than women (34%) listen to social
discussions frequently, with 42 per cent of this sample falling within the age cohort of between 36 – 55
years, and 59 per cent falling on age cohort of above 55.
A majority of 61 per cent have never called or joined the social discussions (Figure 6). There were
marginal differences across rural/urban, gender and age cohorts. This finding reveals that many Kenyans
are mere observers, which raises concerns about freedom of expression and citizens’ ability to contributeto public issues and debates.

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Figure 6: Calling or Joining Social Discussions on FM Radio Channels

61

17

16

4

Never

Sometimes

Often

3

AlwaysNot applicable

How often do you call or join the social discussions on FM radio channels?
The survey further sought the public view on whether topics of discussion should be regulated by thegovernment or not, and the scores were close. The majority (53 per cent) indicated that FM stations
should have the right to discuss topics without government regulation, but another 40 per cent indicatedthat government should have the right to regulate FM radio stations to prevent them from discussing
things that it considers harmful to family values (Figure 7). There were marginal differences across therural/urban divide. In terms of age categories a higher percentage (46%) of age cohort above 55 agreed
very strongly/agreed that the government should be able to regulate (Statement 2), while age cohort 36 –55 and 18 – 35 had lower responses respectively.

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Figure 7: FM Radio Discussions without Government Regulation versus Government Regulations

53

40

5
2

Agree / Agree verystrongly with 1

Agree / Agree verystrongly with 2

Agree with neither

Don't know

Which of the following statements is closest to your view? Choose Statement 1 or Statement 2. Do you
agree or agree very strongly?
Statement 1: The FM radio stations should have the right to discuss any topic without government
regulation.
Statement 2: The government should have the right to regulate FM radio stations to prevent them fromdiscussing things that it considers harmful to family values.
CONCLUSION
Freedom of expression in Kenya has witnessed several phases of development, ranging from the
autocratic to a proactive new media regime. This transformation has been enabled by governance reforms,
including repeals and amendment of laws, as well as the promulgation of a new Constitution in 2010.
With respect to media, these reforms are reflected in the diversity of the Kenya media, which includes FM
stations covering almost all the 42 ethnic dialects spoken in Kenya, mobile telephones, and the internet.
These channels have expanded space for freedom of expression and engagement in public affairs,
although many citizens still do not contribute to public issues and debates via these channels.
New media, in particular the internet and interactive media, has been a focus of research and debate.
However, the findings from this study reveal that the old media, in particular radio, remain the dominantchannel for accessing news and expanding space for freedom of expression. This is largely due to thewidespread availability and low cost of radio infrastructure compared to other communication channels.
Newspapers, which also fall under old media, are minimally used, but are still more accessible than theinternet Access to interactive media is now relatively widespread (56 per cent are regular listeners), but
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actual use and interaction via this channel still seems to be a preserve of a selected few, with only 3 percent calling in or joining discussions. A unique unexplained aspect is the marginal differences acrossrural/urban, gender and age groups.
The post 2007 election violence which Kenya experienced seems to have affected the public’s opinion on
the media. Although Kenya citizens continue to believe in freedom of the media to publish any views andideas without government control, the numbers have reduced in 2011. A more worrisome finding is the
reduction of the numbers that agree very strongly that the media should check on government, and anincrease in those who agree very strongly that the media should avoid negative reporting. Opinion isfurther divided on whether the government should regulate topics of discussion in FM radio stations, with
53 per cent opting for no regulation and 40 per cent for regulation.
Freedom of expression is an important aspect of human rights enshrined in international and nationallaws. Although there are mixed outcomes in the findings, Kenyans continue to debate and take different
positions on the democratic rights of the politicians charged at International Criminal Court (ICC) in The
Hague. This is done through all channels including the internet. The media continues to expand space for
freedom of expression and for the first time Kenya media will hold public debate for presidential
candidates for the 2013 national elections. This development is healthy for democracy, and one can only
hope that no regime in Kenya will ever again to media censorship and gagging.
This Briefing Paper was prepared by Winnie V. Mitullah, an Associate Research Professor at the Institutefor Development Studies (IDS), University of Nairobi. She can be reached at mitulla@uonbi.ac.ke
The Afrobarometer is produced collaboratively by social scientists from more than 30African countries.
Coordination is provided by the Center for Democratic Development (CDD-Ghana), the Institute for
Democracy in South Africa (Idasa), and the Institute for Development Studies (IDS), University of
Nairobi, and the Institute for Empirical Research in Political Economy (IREEP) in Benin. Survey
implementation in Kenya including preparations, data collection and management and overall project
coordination was undertaken by IDS, University of Nairobi.
We gratefully acknowledge generous support from the UK’s Department for International Development(DfID), the Mo Ibrahim Foundation, the Swedish International Development Agency (SIDA), the UnitedStates Agency for International Development (USAID) and the World Bank for support on
AfrobarometerRound 5.For more information and further requests for analysis please visit Afrobarometerwebsite: www.afrobarometer.org or contact Abel Oyuke, AB Project Manager for East Africa on +254722 816 242; email: abeloyuke@yahoo.co.uk

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