34. Freedom of the media
Official Constitutional Text
34. (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2).
(2) The State shall not—
(a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or
(b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.
(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—
(a) are necessary to regulate the airwaves and other forms of signal distribution; and
(b) are independent of control by government, political interests or commercial interests.
(4) All State-owned media shall—
(a) be free to determine independently the editorial content of their broadcasts or other communications;
(b) be impartial; and
(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
(5) Parliament shall enact legislation that provides for the establishment of a body, which shall—
(a) be independent of control by government, political interests or commercial interests;
(b) reflect the interests of all sections of the society; and
(c) set media standards and regulate and monitor compliance with those standards.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article guarantees Freedom of the Media in Kenya.
Key protections:
- All forms of media (print, radio, TV, online, etc.) are free and independent.
- The government cannot censor, control, or punish the media for their content (except for the limitations in Article 33(2) — e.g., hate speech or incitement to violence).
- Broadcasting media can be established freely, subject only to fair and independent licensing.
- State-owned media must remain impartial and give fair coverage to different views.
- Parliament must create an independent body to regulate media standards.
This is a very strong protection for press freedom and media independence.
Related Information
- Related Laws: The Kenya Access to Information Act, 2016