The directive by the Kenya government to withdraw advertising with independent radio and television stations is bad and will haunt the Kenya Kwanza government.
The decision is not only ill-advised but is also bad for freedom of expression, freedom of the media, and right to access information as envisaged under Articles 33, 34, and 35 respectively.
Not long ago, the same administration took a similar action directed at the print media, ordering all ministries and parastatals to only place advertisements in MyGov, which is then distributed solely by the Star Daily, dealing a blow to the print media in the nation.
In the previous arrangement, The Standard, Daily Nation, The Star, and The People Daily all distributed MyGov. This was by a deal that the government and media outlets had signed. However, the contracts ended in December 2023, at which point it inked a new agreement with The Star.
As a result of this directive, readers of some of the nation’s most widely read newspapers, including The Standard, Daily Nation, and The People Daily, will no longer be able to access any government job postings, tenders, or other significant announcements like statutory notices and appointments.
As for the most recent directive on advertising in electronic media, let’s take a moment and look at the upside and downside of this decision.
The Upside
Assuming that the government is doing this in good faith and will fall through with its commitment to pay the money, there is only one beneficiary to this directive, the Kenya Broadcasting Corporation.
For the longest time, KBC has been on a loss-making streak. It has been debt-ridden and has struggled to pay its employees on time. These factors have negatively impacted the national broadcaster leading to advertisers shunning it due to low viewership or listenership as compared to other stations which in turn has led to difficulty in generating revenues. So, the decision to direct all electronic media adverts to KBC is good in terms of revenue, job security, and perhaps better infrastructure but only to KBC.
The Downside
First, very few people watch KBC. The last ranking by InfoTrack conducted between 27 and 29 January 2024, and released on February 22, 2024, showed that Citizen, KTN, and NTV are the most-watched TV stations. The survey ranked Citizen first at 81%, NTV second at 28% KTN third at 19%, and TV47, fourth at 15% as the most currently watched television station in the country. Other channels such as Inooro TV and Ramogi TV sister channels to Citizen TV had 10% and 5% respectively while K24 and KTN News had 9% and 8% market shares respectively. KBC only had an 8 percent share.
Going by these statistics, collectively, almost 90 percent of Kenya’s audience watches independent TV channels. Therefore, there is a huge margin of TV audience that will by omission or commission miss the advertisements from the government hence missing jobs, tenders, and other opportunities as advertised by state and state agencies. This negates the principle of equal opportunities and non-discrimination as envisaged in the Constitution.
For radio, KBC and affiliated stations trailed many of the independent stations. Citizen Radio enjoyed the market share at 27% followed by Radio Jambo at 22% among others. Radio Taifa (KBC Swahili service) and KBC English service only had 2% market share each, according to the survey by Infotrak
As with print media, the directive means that independent radio and television stations—except The Star – will receive no funding from the government. This action will restrict Kenyans’ options for receiving important government news.
It will also cause media companies to experience a sharp decline in revenue. This alone may lead to other unforeseen circumstances including triggering another round of layoffs, further undermining Kenya Kwanza’s ambitions to generate employment.
It may also impair the local media’s ability to discharge its duties as the media heavily relies on advertising to finance its operations and the government is the biggest advertiser for Kenyan media. This in turn may affect the quality of content produced.
The inability to properly operate means the media will not be able to execute its three core functions- to inform, educate, and entertain the masses and by extension oversight government excesses. This undermines freedom of expression, media freedom, and the right to access information.
Government disingenuity, lies, and half-truths
Whereas the government of Kenya claims that the decision was informed by the need to cut wasteful spending and maximize the use of the state broadcaster. It is unclear how consolidating the advertising alone would result in cost savings if the government still runs the same volume of adverts.
If for example the government aims at spending 1 billion shillings and gives KBC this whole amount instead of letting all media stations share the 1 billion shillings, where and how is the government saving the costs?
What appears to me is that the government wants to exert more influence over the media by utilizing its ability to advertise to play favorites and compel the media to be compliant.
According to the PS of the Ministry of Information, Prof Edward Kisian’gani who is also a former resident analyst at Citizen TV, the directive is anchored in line with a 2015 directive that required all public sector entities to centralize their advertising. The Government Advertising Agencies (GAA) would be the coordinating institution. But even if it is, the government has never been keen to offset its debt. The Government Advertising Agency (GAA) on behalf of the government owes various media outlets more than Sh3 billion.
The regime cannot argue that “the centralization of public sector advertising is in line with government’s desire to cut costs through a coordinated and well-managed procurement process that ensures maximum service levels at minimal costs,” if it is not even honoring the payment of services already delivered.
Despite the argument that “directing all government advertising to KBC will, in turn, minimize advertising spend and help revive ailing public sector entities, it must be noted that numerous areas of wasteful spending have been flagged by institutions such as the offices of the Auditor General and the Controller of Budget where the state continues to pump in billions.
Dislike and Contempt for Independent Institutions
The government it appears is not pleased with independent media or independent institutes. Since its swearing-in, President Ruto’s regime has sustained attacks against the media. Several leading government officials such as Deputy President Rigathi Gachagua, Senate Leader of Majority, and Kericho Senator, Aaron Cheruiyot among others have in one way or another threatened the media.
Over the past several weeks, the media has conducted investigative pieces and written bold headlines that have revealed serious financial misappropriation and wastefulness. It has also unearthed several scandals in the executive, ministries, and parastatals.
When the Controller of Budget started highlighting financial misappropriation in government, charges were made up and she was hauled into court in Mombasa. When the auditor-general started highlighting government excess, Majority Leader in Parliament, Kimani Ichungwah remarked on March 5, 2024, that the government plans to remove the Auditor-General as head of the national audit office. A Bill to the same effect has already been drafted.
Arm-twisting the media
The government it appears wants to employ its financial muscle as a carrot and stick in trying to keep the local media in line. Being one of the major media advertisers it appears it wants favorable stories and since it can’t get it directly, it wants to use its powers to dictate how media cover and report the stories. This is a tactic that oftentimes is used by regimes to control and shape the stories that the media tells by using advertising as a tool.
This is done with the imagination that the media will support it in whatever way possible to avoid biting their hand in food. In this sense, the prevailing headlines will have to be those only shining light on good deeds. The results are that citizens are forced to consume government propaganda disseminated through subdued media.
Media is considered a watchdog, often expected to oversight the three arms of any government. It is not the government’s spokesperson. It is through the media that citizens enjoy their freedom of expression. It is also through the media that citizens’ rights to hold their government responsible and transparent. Refusing to pay or award advertising undermines these liberties.
The action by the government is a flagrant betrayal of the Constitution and involves systematically eroding freedom of the press, freedom of expression, and the right to obtain information. This purported State strategy has far-reaching effects that go beyond stifling criticism. The directive doesn’t just violate the Bill of Rights Articles 33, 34, and 35 but also the Constitution’s Article 27 protection against discrimination, and the principles of inclusion and non-discrimination.
Outliving the regime and the adverts
We all agree that the media has finally found its voice and has highlighted many corruption scandals in the recent past. This has not sat well with the GoK. The Kenya Kwanza wants to act but not be held responsible for its actions. It wants to talk but does not want to walk its talk. It campaigned to fight corruption yet it has only perpetuated it. It campaigned to fight tribalism yet it has only made it worse.
Kenya Kwanza has been in government for only three years. It aims to rule for another seven, it’s too early to start fighting the media. Governments come and go, suppressing freedom of the media through buyer power is short-sightedness. The media has been here and will be with or without government advertising.
