High Court judges Isaac Lenaola, Mumbi Ngugi, and Weldon Korir have made a ruling that may impact the future of investigative journalism in Kenya, including popular programs like Jicho Pevu by Mohammed Ali. The ruling validates the Kenya Information and Communication (Amendment) Act and the Media Council Act, which have been criticized by media stakeholders as draconian.
The ruling imposes hefty fines on journalists and media companies found guilty of breaching the government's code of conduct. Journalists may face fines of up to Sh500,000, while media companies could be fined up to Sh20 million. These fines are outlined in Article 19 of the amendment and are intended to restrict media coverage of critical matters affecting the government.
According to the judges, "Journalists must be prepared to face the consequences, which are in accord with the law. In our view, the provisions of 38(1)(f) of the Media Council Act and Sections 102 E (1)(f) and (h) of the Kenya Information Act are not in violation of the constitution."
This ruling has raised concerns among stakeholders, who believe it gives the government excessive control over the media and may undermine freedom of expression. Mohammed Ali's Jicho Pevu has been a notable example of investigative journalism, exposing sensitive stories that have put the journalist's life at risk.
The recovered account cited reporting by Kenyans.co.ke.