observer issue 5 - media council of kenya · deported nairobi lawyer and fierce political activist...

1The Media ObserverJANUARY- MARCH 2015

BSERVERWatching the Watchdog

Taming Hate Speech

Debunking Fake News

A Publication of the Media Council of Kenya Issue 6, 12 February 2018

Issue 3, 22 January 2018 Issue 6, 12 February 20181

It’s a tough time to be a journalist in Kenya

In two short weeks, Kenyans have witnessed an unprecedented clampdown on the country’s often celebrated media. And you know how Western media tends to pay attention to Africa only when things arebad? Well, now we have plenty of footage for the BBC, CNN and all major newspapers out there.

Many voices here at home and abroad have condemned the shutdown of KTN, NTV and Citizen television stations on 29 January as a violation of a fundamentalfreedom in the Constitution of Kenya.

According to the Kenya Editor’s Guild, the TV shutdown followed an explicit directive from State House to editors and media managers that they should not cover the controversial inauguration of the NASA leader Raila Odinga as the ‘People’s President’ on 30 January 2018.

Thereafter, NTV senior journalists Linus Kaikai, the incumbent chairman of the Editor’s Guild, Ken Mijunguand Larry Madowo holed themselves up in theirupstairs offices at Nation Centre in downtown Nairobi for over 24 hours as word spread that police had laid siege downstairs to arrest them.

The three journalists later obtained a court order stopping their intended arrest.

Then there was the chilling media briefing on 31 January at Jogoo House by Interior Cabinet Secretary Dr. Fred Matiang’i.

The government had “credible and incontrovertible evidence”, he said, that on the day of Raila’s planned oath “a massacre of catastrophic proportions” was tobe executed and blamed on the police.

The country was told that some media houses were implicated in the plot.

Consequently, Secretary Matiangi declared a wide-scale investigation targeting individuals and institutions, which, he said “include but are not limited to certain media houses.”

In the same week on 2 February, President Uhuru Kenyatta was reported to have “chased away” journalistsfrom a function at the Kenya School of Government.

A video clip of the incident, now widely syndicated on mainstream media and shared on social media, shows the president reading from prepared text. Then,suddenly, he looks up, faces the cameras and gesturing with his left hand, says, "Sasa si nyinyi mzime hizo vitu zenu na mwende? Kazi imekwisha." [Why don't youswitch off your equipment and go away? There is no more work.]

On the same day, news reports said police chased away a battery of journalists from the headquarters of the Communications Authority of Kenya on Waiyaki Way, Nairobi.

The journalists had gone to cover an alleged attempt toblock activist Okiya Omtatah from serving the Authoritywith a court order to switch back on the three TV stations that had been shut down.

These events are troubling. The Constitution of Kenyaguarantees media freedom and freedom of expression.In a message circulating in social media, veteran media personality Fred Obachi Machoka writes:

“Media’s role the world over is to report things as theyare. If someone says stuff, media reports. If someonedoes something, media reports. If something happens,media reports. If someone promises something and theydon't do it, media reports. In other words, media is likea wall mirror. If you are ugly, you don't break the mirror.”

Kenya, let us not throw stones at the mirror.

See you Monday!

2 Issue 6, 12 February 2018

A photo not worth a thousand words

Want to know whether you are a VIP in Kenya? Easy: find out whether you “died” last week.

NASA Leader Raila Odinga was reported dead several times by bloggers. IEBC Chairman Wafula Chebukati, too.

Deported Nairobi lawyer and fierce political activist MigunaMiguna died many times a day on social media. At one time Miguna was reported to have been poisoned. But that wasnot enough. He was said to be held in police station A, before he was subsequently spotted in stations B, C, D andE. When Miguna was eventually “photographed” in court or on a late-night KLM flight headed out of Kenyan airspace, the pictures showed the same man wearing different shoes. Or even slippers. MM had become a phantom!

And then there was the big “death” that got the entire nation talking. This time it was in mainstream media. On Wednesday, 7 January, a notice appeared in the Daily Nationannouncing the funeral of NASA supporter and businessman Jimmy Wanjigi. He had been “killed in a failed robbery in Nairobi’s Karen estate,” the notice said.

“Family and friends are meeting daily for prayers and burial arrangements at his wife’s Muthaiga home, Nairobi from 5pm,” the notice read.

No, not really. “The cortege leaves Lee funeral Home (Nairobi) on Tuesday 6th February 2018 at 7am. Funeral service will take place at All Saints Cathedral at 10am and burial at Lang’ata Cemetery at 3pm,” according to the notice.

This means that by the time his obituary appeared,Jimmy was already done and buried. Never mind thatthe man was walking round and about, breathing justfine.

And was it actually Jimmy Wanjigi? No. While the black-and-white picture at the top of the notice and the names of his family and business were accurate, the dead man was called James Richard Wanjagi.

A picture is worth a thousand words. This is the accepted wisdom in journalism. But the one theNation published said nothing to the staff who accepted the ad.

Yet that same picture, once the Daily Nation hit thestreets, spoke a thousand words to thousands of people. All manner of speculations continue about how Jimmy’s obituary got published.

To their credit, the Nation promptly issued a full-throated apology. "We regret the pain and anguish this may have caused Mr. Wanjigi and his family andsincerely apologise for this. Nation Media Group doesnot condone such publication, which clearly goes against our editorial policy. We have taken immediateaction against those responsible for the placement ofthe announcement, including reporting the matter tothe police for further investigations,” the paper said in a statement.

That, for many observers, ended the matter.

Time to!


But the next day the paper carried a story titled, “How ‘Wanjagi’ advert was planted in ‘Nation’”. The story seemedintended to clear the air about what happened. But it left difficult questions unanswered:

One, the advert is said to have been placed by a man who used fake details. “The man, who seemed to have a good understanding of the newspaper’s operations, booked an advert announcing the death of a Mr James Richard Wanjagi,” the story said.

Of course there aren’t many people around town with a good understanding of the Nation’s operations. So, might this suggest an inside job? Or perhaps, a former employee?

Two, the story said, “The photo he used was of low resolution, lifted off a social media site and converted to black and white to fool a casual examiner.” How does the writer know this? Regardless, the photo used is clear to allwho would instantly recognize Jimmy. A seasoned staffer atthe Nation’s adverts section is certainly not “a casual examiner” of images presented by advertisers. Moreimportantly, readers will ask: is it possible someone working for the country’s largest newspaper has no idea who Jimmy Wanjigi is or what he looks like?

Three, the story goes on, “He [the mysterious advertiser]walked into the Nation Ad Centre at 4.40pm, 20 minutes before the rigid deadline, which requires all bookings to bedone by 5pm. This left the clerks — this being their busiestworking period — with very little time to verify the information.”

This sounds plausible – until one considers the tall tale thatfollows.

“He was attended to by a staff member in charge of obituary placements and he handed over a flash disk with the photo and text for the obituary.

“The employee, with an eye to the looming deadline, quickly scanned the contents of the advertisement for any errors.

“The date given for the funeral service and burial were indicated to be on the same day the notice was received, February 6.

“It also gave the time for the burial as 3pm, almost two hours earlier than the man showed up to place the ad.

“The employee copied and pasted the advert as presented, complete with fonts different from the restof the paper.”

So what exactly did the Nation staffer have the time to review, besides negotiating a ten per cent discount for the obituary?

Clearly, important systems failed at the Nation. Or didsomeone make sure they failed?

4

Issue 6, 12 February 2018

EDITOR’S PICK: Homabay, where leaders don’t fancy journalists

“A female police officer pointed her gun at my head and said I could not enter the Assembly premises. Another officer held me by the shirt, tearing off some buttons as they pushed us away.”

This statement was made by Daily Nation Correspondent Barack Oduor last Friday at a forumorganized by the Media Council of Kenya (MCK) during a fact-dining visit to Homabay County following reports of recent assault on journalists in the lakeside town.

Oduor told a hushed hall filled with 19 reporters for 11 media houses that journalists in Homabay do not enjoy good working relations with local County officials. The reason, he said, is because journalists have been reporting about ongoing investigations on alleged corruption and power struggles that sometimes erupts in violence at the County Assembly.

The event was hosted by the aging, beachfront Tourist Hotel in town. Media Council staff had come to find out the circumstances under which journalists were allegedly assaulted by police. Prior to the Friday event with journalists and in an attempt to gather facts, the MCK staff led by Project Team Leader Kodi Barth first visited the policeand the County Assembly on Thursday. Here they found a markedly different narrative from that told by the affected journalists.

It was widely reported in the media that on 29 JanuaryHomabay police assaulted three journalists and damaged their equipment at the County Assembly gates. The reporters, Oduor of the Nation, Aly Abichof Royal Media Services and George Odiwuor of Media Max Networks were on duty to cover a special sitting of the Assembly.

“Before the attack, there were threats to several journalists by county assembly officials not to exposethe rot in the county,” Oduor said.

On the fateful day, the three reporters arrived at the Assembly’s gates, where Administration Police officers and private security personnel denied them entry to

cover proceedings. The security officers said they had firminstructions to not allow journalists into the Assembly.

The officers could not name the source of these orders. However, Officer Commanding Police Division (OCPD)Esau Okodie said no such orders came from the police commander; that it may have come from either the Speakeror Clerk of the Assembly.

Wang’chieng’ Ward Member of Assembly Peter Kaula told MCK staff that it’s not unusual for the Assembly to bar reporters from house-keeping sessions known asKamkunji.

However, all three affected journalists concurred that theyhad no notice of a Kamkunji on 29 January. Besides, Oduoradded, there are rules to follow on such occasions, such asformal notice of a Kamkunji written by the Assembly clerkto the media. The journalists said they received no suchnotice.

At the gates, the standoff with security officers escalated when three MCAs, Julius Gaya of Karachuonyo Central, Okuku Miregi of Rusinga Island and Godfrey Juma ofHoma Bay East, demanded that the journalists be allowedinto the Assembly. A scuffle ensued, leading to violence onthe journalists.

The attacked journalists later reported the assault to the Homabay police and deposited the damaged camera as exhibit., the forum heard. Michael Mutonyi, theAdministration Police Commander, promised investigations.Nothing has been heard from him.

“After three days, the police told us they still did not knowthe officer who destroyed George’s camera, even after we gave them the picture and a recording of the officer,” Oduor said.

Days later, the journalist got frustrated that the matter wasgoing nowhere. So Odiwuor returned to the police stationand collected his camera, he told MCK staff at a joint meeting with OCPD Okodie. But by retrieving the camera, Odiwuor said, the police told him later on the phone, theyjournalists were effectively deemed to have withdrawn thecase.

By Observer Team


9

Okodie confirmed that he ordered his crime officer to investigate the case. But the officer later informed him that the reporters had withdrawn the case.

OCPD Okodie confirmed to MCK staff that he ordered a crime officers to investigate the case, but that the officer later informed him that the reporters had withdrawn the case.

Prior to coming to Homabay, the MCK made repeated efforts to secure appointments with the Speaker, the Assembly Clerk and Majority Leader. However,

the Council was informed that the Assembly was not in session and that these officers would be unavailable for an indefinite period.

Who wants to train as an expert County Assembly reporter? Well, come to Homabay. Chances are they won’t like you much here. But who likes journalists inthese strange, unfortunate times?

Letter to the Editor

Dear Observer team,

Thank you for sending this letter. Having read through i can’t but ask; with all thefake and outrageous news, what can the Observer-Media Council do?

Remember, as Journalists, we are to observe the code of conduct that governs us.Besides this is our Country where we live and have never seen one removing theland they stand on, of course where will they be suspended?

Do we start with colleges, and not license those that are not offering professionaleducation? Or maybe we should not offer press cards to those that have been foundto publish or broadcast fake news?

Another thorn, is the issue of social media use. Though there is freedom of speech,just like any other form of freedom, is it really right to have one's freedom affect orinfringe on other people's freedom? If we live like this then it means people will ormay end up left to scramble for the planets since the Earth is filled and no man isan Island, i'm yet to see one.

Please let's look for a way to deal with social media. I believe there is always a way,only that we haven't explored it.

Thank you.Milly Kijo

7

1

1


NASA leader Raila Odinga is supposedly to be sued in three international courts. But there is no basis for this claim. As a matter of fact, the eveningposts.co.ke remains one of the links we have flagged for spreading fake news.

Fake news galore as political heat rises

2 Nor did Raila’s chief advisor flee the country.



3 Tiax Karanja reported the arrest of the “People’s President”. This was sharedon Facebook Group Kenya.

4 Political activist Miguna Miguna died in police custody,according to blogger Gordon KaLorna Teti. This fake news caused serious reactions on socialmedia, including a response from Senator Kanjwang’.

When politicians become purveyors of fake news, we are left dumbfounded. Gatundu South Member of Parliament Moses Kuria alleged that KalonzoMusyoka went out of the country on NASA leaderRaila Odinga’s oathing day. But we all saw the man Kalonzo interviewed by various media houses athis home on the material day. Did he also not giveinterviews to various Kamba language radio stations?

5



6 The Daily Post twisted what we already know.

7 The screenshot below is of an article stating that one of Kalonzo`s family members died following a grisly road accident. This is from EAZYMONEYTIPS,a website. Note also the fake picture used.

8 IEBC Chairman Wafula Chebukati wasreportedly killed in Uganda. DigitalHumanitarian flagged this as fake.


Fake news galore as political heat rises Mombasa Governor Hassan Joho was said to have been hospitalized as a result of pressure from the government. The fake story appeared on a website calledKahawatungu and is authored by Eva Nyambura.

9 Again, Raila Odinga was declared dead!10

And did Donald Trump congratulate Raila on his swearing in as the “People’s President”?

11

9

1

12

13



Reports that Kalonzo`s house was targeted during the NASA event may be true but claims that Mungiki militia were responsible in deploying a grenadelack basis.

Other fake news headlines had no contentunderneath.

14 No, Tanzanian President John Magufuli did not send President Uhuru Kenyatta a rude message.

There were claims that Miguna Miguna was poisoned by the police while in custody.15

16


17


Fake news published on the website political.co.ke claimed that President Uhuru Kenyatta and Deputy PresidentWilliam Ruto were planning on killing Miguna Miguna.

This post was shared on 2 Febraury by a person known as Rooney Njogah. Uh?

12

The Media Observeris published weekly bythe Media Council of Kenya.

Tel: (+254 20) 2737058, 2725032 Cell: +254 727 735252

Media Council of KenyaP.O. Box 43132 – 00100Nairobi, Kenya

Chief Executive OfficerDavid Omwoyo

Programme Manager

Project Team LeaderKodi Barth

@MediaObserverKE

Media MonitoringLeo Mutisya

EditorHenry Makori

Victor Bwire

LayoutSimon Njuguna

[email protected]


observer issue 5 - media council of kenya · deported nairobi lawyer and fierce political activist...

Documents