"This report presents a comprehensive analysis of the legal threats to media freedom in Kenya today. For the purposes of this report, weaponisation of the law is defined as the deliberate use or misuse of legal provisions and processes to intimidate, silence, or economically weaken media actors. Despite robust constitutional safeguards for freedom of expression and of the media, as well as a vibrant media sector, Kenya continues to experience setbacks in the realisation of these rights, alongside improvements in some areas. This report follows the global Weaponizing the Law: Attacks on Media Freedom report, published in 2023, by providing a country-specific analysis of the Kenyan context. Informed by an initial desktop review of relevant laws, regulations and court decisions, the research included an industry survey and focus group discussions, which identified six primary categories of legal threats: the abuse of court processes; regressive and disabling legislation; weak implementation of media laws; technology-facilitated harms; impunity and safety of journalists; the sustainability of the media industry.
This report presents these threats thematically rather than in order of severity, reflecting the fact that they do not occur in isolation, but intersect with broader patterns of political influence, intimidation, and pressure from certain private actors. Together, they undermine independent journalism and weaken the long-term sustainability of the media sector. Our survey found that 42% of media actors in Kenya have faced legal threats in response to their work, including litigation, arrest, and the shutting down of online platforms. A summary of these key threats is outlined below. Moreover, 65% of media professionals who responded to our survey highlighted legal protections as their top support need to ensure the sustainability of journalism in Kenya. Throughout the research and across the six categories of threats documented in this report, three cross-cutting themes have emerged: 1. Legal tools are increasingly used to punish, deter, or delegitimise critical journalism. 2. Institutional weaknesses, such as inconsistent implementation and limited enforcement, undermine the effectiveness of legal protections already on the books. 3. Rapid technological change is outpacing the law, leaving journalists exposed to new risks ranging from AI-driven market disruptions to technology-facilitated gender-based violence. These issues are not unique to the Kenyan context; the solutions will lie in collaborative action that harnesses the expertise of a breadth of stakeholders across the media freedom ecosystem within the country and region." (Executive summary)