Observer newsletter january 2018 issue 1

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BSERVER Watching the Watchdog Debunking Fake News

Taming Hate Speech

JANUARY- MARCH 2015

A Publication of the Media Council of Kenya

The Media Observer

January 2018 - Issue 1

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Why watch the watchdog?

Hi Scribe, The Media Observer is published weekly by the Media Council of Kenya. Media Council of Kenya P.O. Box 43132 – 00100 Nairobi, Kenya Tel: (+254 20) 2737058, 2725032 Cell: +254 727 735252 Email: info@mediacouncil.or.ke observer@mediacouncil.or.ke Chief Executive Officer Mr. David Omwoyo Editor Mr. Henry Makori

Kenya’s vibrant media scene is fascinating to watch. You have many traditional media outlets, from newspapers of record to respected TV stations and good old KBC. River Road’s yellow press still trudges on as well – in this Cyber Age. And then you have these new kids on the block: a cacophony of vernacular radios, hashtag warriors and a million bloggers who sometimes sound like a gaggle of girls out on a school trip. There is much to celebrate. But there is also much in the media that raises eyebrows about our future together as a nation. New developments in the media world have created vast opportunities, but also complex risks and threats. You must be familiar with terms like fake news and hate speech. In line with its constitutional mandate to defend media freedom and promote professional excellence, the Media Council of Kenya through The Observer will keep an unblinking eye on our fascinating media scene. Beginning today, we will bring you short and sharp media reviews for your reading pleasure and reflection. Every Monday. Read. Reflect. Tell us what you think: observer@mediacouncil.or.ke See you Monday!

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January 2018


Time to Tame these Tongues!

Tension. That is a very appropriate word to describe

the situation in Kenya over the last several months. Will we ever see the day when elections in this country become a simple, routine exercise and not a matter of life and death? For journalists, remaining levelheaded at election time requires a huge, conscious effort. It is harder for talk show hosts.

On 27 November 2017, listeners of a morning talk show hosted by Jared Ojwang and Wakili on Sky FM, a Luo language station, must have been struck by what was coming out of their radio sets. The country’s politics was the topic of the day. Ojwang sounded quite cantankerous. He was certainly in a very foul mood. He ranted and raved. And bounced on any caller who appeared to contradict him. No, he would have none of that. He was the boss. When a very unfortunate caller said those who didn't vote for Uhuru Kenyatta should concede defeat and let the country move forward, Ojwang erupted: "Dhi kucho gi pachi mofuwo no!” (Go to hell with your stupid idea!). Now, now, what should a listener do after such a vicious personal attack? Ramp up the volume of his radio set and continue listening? “There is a radio presenter hosting in my local dialect (sic). This guy is so arrogant and proud as if he is the first person on air,” a listener posted on Facebook. But this was not the first time Ojwang was throwing punches on air. On 4 November, the show had MP Ken Okoth as their guest to discuss a rather controversial subject the hosts had come up with: Your background might affect your right to justice. The guest agreed with the view that where you come from (region/ethnic group) affects your right to get justice.

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Ojwang quickly jumped in: " ... like us people from Nyanza we cannot get justice because we’re not in government.” Ojwang’s guest then stated that the recent shooting of Deputy Chief Justice Philomena Mwilu's driver was due to the stand Justice Mwilu had taken in the Supreme Court nullification of Uhuru Kenyatta’s announced win in the August 8 elections. Ojwang’ did not challenge his guest to substantiate his claim about such a serious matter. The radio man must have been nodding in approval of his guest’s speculation. Sometimes Ojwang behaves like a real radio pro. But one’s never sure when he will strike next. For instance on 8 November Ojwang and Wakili discussed the challenges the Luo community faces regarding infrastructure development. The discussion was lively and properly moderated. When one caller started to insult their MCA for underperforming, his language turning vulgar, the host stepped in and stopped the caller saying, "Okwatolerate achaya ainago" (We do not tolerate this kind of language and disrespect.) But Sky FM’s problem is not just Ojwang’s quick tongue. For some time during the election period, the station played a jingle that amounted to a war cry: “Jaluo onge asere. Jaluo nigi kidi. Konywauru jowadwa, kikuwewa! Ok en kaka ujakawe mayotcha, mano wakwerou! Konywauru jodalawa! (“Luos have no arrows. Luos have stones! Help us out here! This time it’s not something to dismiss; whoever thinks so, you’re wrong! Our people, help us out!” In another talk show one evening, the host and his guests were discussing how to carry out a protest march. Their expertise in this important aspect of patriotism was, of course, not stated. Excerpts (translated): “People are killed in Kisumu between 1:00am and dawn.” “When people head to IEBC to demonstrate there, then IEBC is the only destination. If we catch you along the road

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doing other things, like just lying on the ground or behaving like a looter, then we treat you as a thief; we beat you up thoroughly!” state that peaceful protest and other forms of We must unarmed expression are protected by the constitution. And, we may add, anyone is free to give lessons on how to protest. But is the short extract above defensible as free speech? Or what would you say about the Sky FM presenter reading on air unverified social media posts or text messages such as: “Kalenjins have started attacking us, we need help here.” “Nandis are dragging men out of houses and attacking them.” It is absolutely essential that radio presenters and hosts get adequate training.They must stick to the ethics of professional practice throughout – and especially during times of high political tension as always witnessed in Kenya’s elections.

When Social Media Jailed Tuju & Co in Tanzania

Time to!

There were no details of when the arrests took place, or where. Tanzania, as far as we know, does not conduct secret trials. The fake reports did not say when trials were conducted or where the high court sat. Being in another country illegally is criminal offence, so why would that attract a “civil jail” term as reported? Tuju and Moses Kuria themselves did not help matters. Since the October 26 repeat presidential poll, Tuju disappeared from the limelight. The rumours about his arrest were so widespread that The Standard decided to call him up, whereupon Tuju confirmed that he was as a free as the wind. With the power of social media growing by the day, one believes everything they read at their own peril.

Just for hits: The Star vs. Grace Msalame

Social media has been aflame for weeks with reports that Jubilee Secretary General Raphael Tuju, Gatundu South MP Moses Kuria and four other unnamed Kenyans were arrested and thrown into jail in Tanzania. Among the purveyors of this story was Twitter’s @ukambapolitics which reported: “BREAKING NEWS: Tanzania high court has sentenced Kenyans namely Raphael Tuju, Moses Kuria and 4 others to 13 months civil jail for being in the country illegally, 24 months for owning unlicensed guns and being on a mission the Tanzanian Govt didn't understand”. Another version of this tale had it that Tuju and his alleged group were jailed for 19 months.

The Star is Kenya’s foremost political newspaper. Hold on: that is not our ruling. It is how they have positioned themselves lately. It is there in their coverage. Significantly, they have just hired one of Kenya’s finest political journalists, the inimitable David Makali, as Head of Content. But last week, The Star posted a very personal, non-political tweet that provoked the ire of the twitterati: “Grace Msalame’s baby daddy’s wife shares photo of growing bump.” @TheStarKenya attached the photo.

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We are not sure about the politics of that tweet and photo. There was no doubt among the twitterati that The Star merely wanted to hurt Grace Msalame (If you have no idea who she is, Google). Why the malice? The reaction was swift and furious. Here is a sample:

Where is Mr. Poop?

Chris Manthi replied to @TheStarKenya and @TracyKoki: “You just look like your headline.” Sammy KC twitted: “These kinds of headlines and stories lend credit to the view that our mainstream media lacks content and journalistic professionalism. Littlewonder that critics call it ‘Githeri media’.” That is a reference to the widely reported non-story of a man who was pictured queuing to vote in the last election while eating his ‘Githeri’ from a polythene bag. “Why do you have to say Grace Msalame’s baby daddy… doesn't he have a name?” wondered Mercy Clein. Mabia Silas was furious: “Shame on you for that headline. Trying too hard to set bait for just clicks.” Martin wrote: “This is very shady of you guys. Very shady.” Bigben: “What's troubling you with Grace? All the time, Grace. Get better headlines and stop you personal vengeance on her.” Francis Muema: “Poor journalism”. Egesa: “Very petty.” Mama Yao: “Shame on you for dragging a woman’s name into whatever, for click bait. Apologize to Grace.” Oita Etyang: “That’s The Star for you. @davidmakali1, what is the intention Omwami (sir)? Peter Wamalwa: “@davidmakali1 really?” Kevin: “So, what is exactly the story of focus here? The baby daddy? Grace Msalame? The growing whatever? So unprofessional.” Over to you, Senior David Makali and your “mboys” and “ngauls” at Lions Place.

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Kenyan journalism is often celebrated – for good reason. Our mediascape boasts some of the best newsmen and women on the continent and globally. We have the stars – and the scars - to prove it. Certain names us are among instantly recognizable anywhere. Yet, upon closer scrutiny, much of our journalism remains frustratingly unsophisticated, run of the mill, shallow, lazy. Churnalism. On Christmas week, news broke that residents of Ocean Park apartments in Nairobi’s Lang’ata area were fleeing their homes. The landlord had allegedly hired goons to pour out pails of feaces in the premises to force them out. The man had issued a two-week notice raising rent from Sh.25,000 to Sh.30,000. The tenants would not take it. The showdown ended up in the courts. The tenants obtained an order restraining the landlord or his agents from arbitrarily increasing rent or harassing them. Apparently, the landlord ignored the court order – such impunity surprises no one in Kenya nowadays. So the man, it was reported, went ahead to not only pour raw sewage at Ocean Park apartments under the cover of darkness but to also cut water, electricity and to deny the tenants parking, security and garbage collection services in attempts to force them out. Some of the hired goons actually terrorized the tenants, attempting to break into the apartments at night. At least three national TV stations – NTV, KTN and K24 carried reports on this smelly tale of brazen impunity. All the reports, quite predictably, dwelt on describing the harrowing experiences of the tenants of Ocean Park. In NTV’s first report on the saga, reporter Steve Juma identified the landlord as a Mr. George Munge. He manages the apartments through Pearl River Agency. Yet the NTV reporter contacted neither Mr. Munge nor Pearl River to hear their version of what was going on.


That is not just lazy journalism. At the level of ethics, it is Well, at the end of the day none of the TV stations unacceptable. Article 1 of the Code of Conduct for the attempted to pursue Mr. Poop. Or to put Lang’ata Police Practice of Journalism in Kenya (2013) deals with Station on the spot. Or to find out anything from public accuracy and fairness. Part 3 of the Article stipulates that: health officers. “Comments should be sought from anyone who is mentioned in an unfavourable context and evidence The TV reporters failed to hold to account the authorities of such attempts to seek comments shall be kept.” relevant to this saga. All they did was treat their viewers to the hapless cries of the Ocean Park tenants. Indeed at least In the second report, Steve Juma recounts the earlier tale. two of those tenants invoked God’s wrath upon the Residents tell him they had recorded several statements at landlord –a very Kenyan thing - obviously having given up Lang’ata Police Station but nothing had happened. on the possibility of getting justice here on Earth. Juma is satisfied with that and doesn't bother to talk to the police. And wherever he was, Mr. George Poop Munge must have smiled to himself with satisfaction, knowing full well that Why didn't the good reporter go to Lang’ata media coverage of his shitty antics changed nothing. Nada. Police Station and ask the big cop there: Sir, we have these He ruled the roost. reports from Ocean Park apartments, what action have you taken? The premises should by now have been cordoned off as a crime scene, what is happening? Where is Mr. Poop, George Munge? Etc, etc. In any case, if Juma or the other TV reporters on the story wanted to catch Mr. Poop, would it be so difficult? We are certain George Munge doesn't live in the sky. But they did not try. The reporters did not say they tried and failed. What about other relevant authorities? Public health officials? None of the reporters appeared to think it was important to talk to the officials about a matter that could have serious implications beyond Ocean Park apartments. You have raw sewage poured all over the place and journalists worth the name can’t see the public health risks? The report by K24’s Franklin Macharia was no better. But at least he made some effort to speak to the Urban Tenants Association Secretary-General Ephraim Murigu. Yet, as to the whereabouts of Mr. Poop, Franklin Macharia lazily told his viewers that he was still “at large”. Come on, brother! Nor did KTN’s George Maringa attempt anything beyond a clinical description of the mess at Ocean Park and recording of the views of the tenants. And then KTN dragged in some lawyer to pontificate on the law on tenancy.

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"Mike said" ad nauseam

A scribe must write a fair, accurate and an unbiased story

about matters of public interest. But that is not all. They should seek to understand the diversity of their community and inform the public without bias or stereotype and present a diversity of expressions, opinions and ideas in context (Code of Conduct 2013, Art. 1: 1, 14). This seems basic enough. But, of course, everyone can remember any number of stories they have read, watched or listened to that offered neither context nor diversity of views. These are key professional tenets in truth telling. Context can be immediate or remote, but things hardly make sense when decontextualized. Diversity ensures no one pretends they have the monopoly of ideas. Without proper context and diversity of voices, journalism runs the risk of distorting reality. End of theory. Immaculate Akelo is a scribe at The Standard, Kenya’s bold newspaper. She got some interesting tip about certain


goings-on in Nairobi’s Kibera slums. In mediaspeak, Kibera is an opposition stronghold. People there, someone whispered to Immaculate, were now planning their funerals ahead of time. Why? Because they are targeted for by heavily armed policemen during protests. elimination

So, from the first paragraph of Immaculate’s article, it is “Mike narrates”, “Mike says”, “according to Mike”, “he recounts”, “he says”, “explains Mike”, ad nauseam! Only in the last two short paragraphs is a second source quoted.

a good story. This story could have been done a lot better. There are The sharp scribe she is, Immaculate smelled many voices missing. She made inquiries, fixed dates and quietly stole her way into Kibera. She carefully made her observations entirely Many insightful angles were left untouched. The writer left unnoticed, did the interviews and then returned to her out all that rich meat and offered her readers almost bare desk on Mombasa Road to file the story. bones. It appeared in The Standard on Thursday, January 4. A Did Immaculate Akelo seek to understand the diversity of great piece. Almost. the community she covered and inform the public without “It is taboo in most African cultures to plan a funeral for bias or stereotype, presenting a diversity of expressions, a living person. But for Opposition supporters in Kibera, it is necessary to properly plan your funeral before you join opinions and ideas in context? in any demonstration,” Immaculate reported. Sadly, no. It is now an established fact that police have deliberately used excessive force against unarmed civilians, sometimes killing even small children. Immaculate set this context, reporting that whenever Raila Odinga, fondly known as ‘Baba’ by his supporters, calls for mass action, the demonstrators form small committees of at least 12 members. “The funeral committees are charged with providing for the bereaved families, carrying out a requiem service and transporting the bodies home for burial.” That is where the cutthroat competition for power has brought Kenya. But, as a matter of fact, funeral “chamas” exist in many parts of Kenya. Members contribute a set sum of money for the funeral of any one of them. This can be one function of a general welfare “chama” or a “chama” can be set up specifically for funerals and nothing else. Immaculate does not seem to be aware of this. The most glaring weakness of Immaculate’s story, though, is the fact that almost the entire piece is based on the views of one person, whom the author names Mike Omolo. Immaculate does not even bother to tell her readers why she gave her source a pseudonym. (Something like, the source declined to be named for fear of being targeted at the next demonstration.)

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January 2018


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