Limitations on media freedom ; Are the current media laws in compliance with the constitution of Kenya?

Abstract

The freedom of the media and the right to access of information are deemed as core requirements for operations in a democratic society. As such, the freedom of the media and access to information are safeguarded in the Bill of Rights in the Kenyan Constitution, as well as other international statutes. However, the freedom of the media and the right to access information are not absolute rights as they are subject to limitation as prescribed in Article 24 of the Kenyan Constitution. This paper aims at discussing and elaborating on the instances where Article 24 should and can be properly applied. This is due to previous instances of the government overstepping their powers or failing to exercise their powers efficiently as required in Article 24 of the Kenyan Constitution. In this paper, I attempt to expound on the relationship between the freedom of the media and the right to access of information and the government’s duty to respect these rights.