Re: [Kictanet] Re: Burning and Closure of Standard Media Group

Wainaina, Please permit me to differ with you. The civilised world has resolved to ensure that there are due processes subject to the rule of law by which we deal with such reculcitrant elements of our deomocratic experiment so to ignore such consitutional and instituional mechanisms is worse a precident as the acts of the reculcitrant element being subjected. Two wrongs dont make a right. ---------- Original Message ---------------------------------- From: "Wainaina Mungai" <wainaina@madeinkenya.org> Reply-To: Kenya ICT Policy - kictanet <kictanet@kictanet.or.ke> Date: Thu, 02 Mar 2006 12:01:21 +0300
Dear all,
As we all so readily rotest against the unwarranted destruction of property etc, let us not be sucked into supporting misconduct within the media. We must not lose sight of the fact that the media has become is a law unto itself; while the rest of society is governed by rules of civilised conduct. The media is a powerful tool that has even been abused to the extent of fueling conflict in many countries. As we all know, it has also been used positively.
However, there are currently several cases in court and other incidents that indicate the media has failed to regulate itself. The Media Council of Kenya may just have proved to Kenyans over the years that the concept of self-regulation may be the way to go in Kenya.
As much as I empathise with the Standard Group, I would urge them to give Kenyans (wether in government or not) a fair hearing and endevour to report ONLY the truth. Sensational reporting in an attempt to gain market share will lead to situations as we have now as the parties seek resolution (whether the methods are wrong or right). In cases where mistakes a made, they should not hid apologies in a small corner of page 92 but put into where the original story (Page 1, if the story was a headline story) and so on. Anything short of that should be handled by very stringent laws of conduct.
Politically incorrect but I hope it will keep us focused. There is an urgent need to get a working system for regulation of the media conduct.
--- Wainaina Mungai http://www.madeinkenya.org
SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
-------Original Message------- From: Waudo Siganga <csk@nbi.ispkenya.com> Subject: Burning and Closure of Standard Media Group Sent: 02 Mar '06 19:29
Dear Colleagues,
The reports received this morning regarding the crackdown and closure of the Standard Media Group are shocking and the CSK will issue a statement on the same later in the day.
Kind Regards Waudo Siganga Chairman The Computer Society of Kenya
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Wainana talks as if it was only barbaric to do such things as is happening now under Moi. Now that it is Kibaki, Media has become irresponsible, and should be burnished. We kenyans tend to forget yesteryears when the country was under siege. What is happening to me today, it does not matter what tribe it is happening to, every kenyans should stand up to be counted. Today it is me tommorrow it is YOU. If I don't raise my voice because it is not touching me, tommorrow it will be you, and God knows how it will end. We must stand up and be counted at this hour of need. This is an affront to our way of life; We fought for this freedom, and it was not gioven to us free, many people died for this course,and this government was elected on that premise; to uphold the rule of law; it is not about Standard Newspaper of the KNT, it is about Kenyans on asault. George

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I'm afraid on this one I agree with Wainaina - if it weren't for the irresponsible reporting there wouldn't have been opportunity (or excuse) for this kind of "retaliation" Having said that, though, I think that this is going to provide our government (which is currently undergoing some very pleasing reforms) an opportunity to really curtail and/or limit police actions. The incident yesternight raises several fundamental questions: 1) did the police have a court order to enter premises? 2) had they requested (and been denied) access to the premises? 3) Did they have a court order to confiscate any equipment? 4) Did they have authority to use force? I would be very interested to see an estimate from the Standard Media Group in terms of business loss - considering the $$$$ they charge for advertising, both on air and print.... would be even more interesting to see who their lawyers decide to hold responsible and send the bill to... I hope they don't back down and actually mount a full frontal to get to the bottom of this... There are definitely some people somewhere who need to answer... Brian On 2 Mar 2006, at 15:15, Sidarec wrote:
Wainana talks as if it was only barbaric to do such things as is happening now under Moi. Now that it is Kibaki, Media has become irresponsible, and should be burnished. We kenyans tend to forget yesteryears when the country was under siege. What is happening to me today, it does not matter what tribe it is happening to, every kenyans should stand up to be counted. Today it is me tommorrow it is YOU. If I don't raise my voice because it is not touching me, tommorrow it will be you, and God knows how it will end. We must stand up and be counted at this hour of need. This is an affront to our way of life; We fought for this freedom, and it was not gioven to us free, many people died for this course,and this government was elected on that premise; to uphold the rule of law; it is not about Standard Newspaper of the KNT, it is about Kenyans on asault.
George
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Without disagreeing with the opinions expressed, perhaps one should seek to formally define what "irresponsible reporting" is. The article in question had times, places, names and dates. The writers even sought comment from the parties involved and published the story, they appear to have done their research and have their facts together and also included the denials from the parties or their representatives of those involved in the said meeting having been diligent enough to seek comment from the concerned parties. Just merely denying an established fact does not make the person who established the fact "irresponsible". To the best of my knowledge the newspaper has not retracted the story and none of the aggrieved parties (the state not being one of them) has filed libel suits in which case the "accused" would have a chance to show how they established their facts or face the consequences. It may have gone unnoticed, but this is the second raid against a media establishment the first having been against the Citizen last week. The Citizen's articles were more inflamatory in my opinion and did not seek comment or denials from the aggrieved parties. In short let us not be keen to condemn the "accused" for irresponsibility if they have not been given a chance to demonstrate how they 'established' their facts. This is not to say that there are not irresponsible journalists amongst the media fraternity. Infact there are some who will willingly accept money to publish stories on behalf of certain parties or entities in order to gain popular public opinion or swing it in disfavor of another. The police claim that they received information on what appears to have been a matter to take place in the future, why not simply arrest and charge the individual who had received the funds ? As outlined below by Brian, several questions remain unanswered, but hopefully at the end of the day the AG will not seek to terminate or frustrate any cases related to the matter until they reach their logical conclusion. ----- Original Message ----- From: "Brian Longwe" <brian@pure-id.com> To: "Mike Theuri" <mike.theuri@gmail.com> Sent: Thursday, March 02, 2006 6:46 AM Subject: Re: [Kictanet] Re: Burning and Closure of Standard Media Group I'm afraid on this one I agree with Wainaina - if it weren't for the irresponsible reporting there wouldn't have been opportunity (or excuse) for this kind of "retaliation" Having said that, though, I think that this is going to provide our government (which is currently undergoing some very pleasing reforms) an opportunity to really curtail and/or limit police actions. The incident yesternight raises several fundamental questions: 1) did the police have a court order to enter premises? 2) had they requested (and been denied) access to the premises? 3) Did they have a court order to confiscate any equipment? 4) Did they have authority to use force? I would be very interested to see an estimate from the Standard Media Group in terms of business loss - considering the $$$$ they charge for advertising, both on air and print.... would be even more interesting to see who their lawyers decide to hold responsible and send the bill to... I hope they don't back down and actually mount a full frontal to get to the bottom of this... There are definitely some people somewhere who need to answer... Brian

Well....my take Our history of independence can be traced and evaluated on the basis of the struggles for freedom of the media and the treatment of media professionals. If you all recall, the struggle for more democratic political environment, also contributed to the growth of alternative press and an increase in confidence in our mainstream media to publish more objectively. What is extremely disturbing about this incident is the fact that there is still no single law regulating media in Kenya. Only the Constitution, and a range of Acts. Most of the acts were inherited from the colonial government, and still provide for tight government control on information and mass media. As a result the media suffers an ever-present threat of being censored or stifled should the political establishment or individuals within it feel uncomfortable or threatened. What happened yesterday was the old state repression rearing its head using public security and sedition as an excuse to engage in crude activities, including arresting, detaining, harassing, etc persons producing and disseminating information that was critical or embarrassing to government. Granted that the media MUST exercise their freedom with responsibility, but there exits internationally accepted mechanisms for seeking redress through the law, including our Kenya Telecommunication Act, which clearly spells out the procedures to be followed under similar circumstances. alice ----- Original Message ----- From: "Brian Longwe" <brian@pure-id.com> To: <alice@apc.org> Sent: Thursday, March 02, 2006 3:46 PM Subject: Re: [Kictanet] Re: Burning and Closure of Standard Media Group
I'm afraid on this one I agree with Wainaina - if it weren't for the irresponsible reporting there wouldn't have been opportunity (or excuse) for this kind of "retaliation"
Having said that, though, I think that this is going to provide our government (which is currently undergoing some very pleasing reforms) an opportunity to really curtail and/or limit police actions.
The incident yesternight raises several fundamental questions: 1) did the police have a court order to enter premises? 2) had they requested (and been denied) access to the premises? 3) Did they have a court order to confiscate any equipment? 4) Did they have authority to use force?
I would be very interested to see an estimate from the Standard Media Group in terms of business loss - considering the $$$$ they charge for advertising, both on air and print.... would be even more interesting to see who their lawyers decide to hold responsible and send the bill to...
I hope they don't back down and actually mount a full frontal to get to the bottom of this...
There are definitely some people somewhere who need to answer...
Brian
On 2 Mar 2006, at 15:15, Sidarec wrote:
Wainana talks as if it was only barbaric to do such things as is happening now under Moi. Now that it is Kibaki, Media has become irresponsible, and should be burnished. We kenyans tend to forget yesteryears when the country was under siege. What is happening to me today, it does not matter what tribe it is happening to, every kenyans should stand up to be counted. Today it is me tommorrow it is YOU. If I don't raise my voice because it is not touching me, tommorrow it will be you, and God knows how it will end. We must stand up and be counted at this hour of need. This is an affront to our way of life; We fought for this freedom, and it was not gioven to us free, many people died for this course,and this government was elected on that premise; to uphold the rule of law; it is not about Standard Newspaper of the KNT, it is about Kenyans on asault.
George
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participants (6)
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alice@apc.org
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Brian Longwe
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Eric Osiakwan
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Mike Theuri
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Oscar Mwangi
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Sidarec