This chapter talks about media freedom in general and why the researcher felt the need to carry out the study

This chapter talks about media freedom in general and why the researcher felt the need to carry out the study.
1.1 Background of The Study
Since independence, laws governing the media in Kenya have been amended over time thus changing the state of freedom of media in the country. During the Moi regime, the press enjoyed limited freedom as there were very stringent laws imposed on them. These laws were scraped of in the Constitution of Kenya which was promulgated in 2010. This constitution protects media freedom in three of it’s chapters; 33, 34 and 35.
In the world, the media plays a crucial role of ensuring the flow of information and ideas in order to enable the public to contribute to decision making. A democratic society cannot exist without it. This basic requirement is recognized all too well by despots and dictators whose first step in seizing political power is to take control of the media.
In Kenya, the media functions as a branch of the government which supervises the three arms of the government. However, taking up this role has not been easy as the journalists’ rights are infringed. Despite the constitution being clear on press freedom in Kenya, political censorship on the press is still seen. Harassment of journalists goes to the extent of physical and verbal abuse due to their investigative work. This supervision of the media on the government has prompted the lawmakers to pass several stringent laws that limit journalists in what they report on.
Several studies concerning the state of press freedom in Kenya have been done over time. However, the existing literature is insufficient to give light of the situation at hand. Laws such as the Kenya Information and Communication Act(KICA) and the Media Council Act (MCA) were passed in a bid to gag the media. The researcher thus is determined to look into such laws and assess their constitutionality and the shortcomings of the constitution in protecting the press.
1.2 STATEMENT OF THE PROBLEM
The constitution has given the parliament more than enough powers to amend and make laws in Kenya. Consequently, the constitution has been left as a toothless dog in protecting the press. Repressive and claw-back laws have been passed by the members of parliament leaving the press vulnerable and unprotected. Setbacks in the political and economic environment remain the biggest hurdle in the actualization of press freedom in Kenya despite the constitution protecting the media. All but one media house in Kenya are privately owned. Consequently, they rely heavily on advertisements in order to keep them running. As such, political interference is experienced which in turn affects the existence of self-censorship of the press. “Arrests and intimidation of journalists have threatened a return to oppression where the media could do little but to bring those in power to account,” Daily Nation, 15 November 2015. The study shall focus on giving light to violations of press freedom due to the emerging gaps in the constitution used by the parliament to limit press freedom in Kenya.
Objectives of The Study
1. To evaluate the constitutional provisions on freedom of the media and the limitations stated therein.
2. To analyze the limitations on media freedom under the Kenya Information and Communications Act and the Media Council Act vis a vis the limitations under the constitution
3. To analyze the shortcomings of the constitution in protecting the media
Research Questions
1. What are the constitutional provisions on freedom of the media and the limitations stated therein?
2. What are the limitations on media freedom under the Kenya Information and Communications Act and the Media Council Act?
3. What are the shortcomings of the constitution in protecting the media?
Significance of the study
The study is of importance to the government of Kenya as it will give them a clear understanding of the state of media freedom in the country so that they make amends where necessary.
Scope and limitations of the study
The research involved content analysis of materials on freedom of media in Kenya; review of books, articles, journals, research papers and case laws in the subject area. These materials touched on media freedom between 2010 and 2018. The sample size and time was limited to materials on media freedom touching major media houses in Kenya namely Nation Media Group, Standard Group, Royal Media Services, Mediamax and Kenya Broadcasting Corporation as the researcher shall use purposive sampling technique as the researcher.
The researcher anticipated on missing out some instances which show to what extent the media was free in Kenya. This limitation, however, did not in any way affect the research in as far as the findings were concerned.