A journalist was briefly detained for covering proceedings at the Milimani Anti-corruption court at around 10:30am on the morning of Tuesday, March 4, 2025. Journalists who spoke to The Kenya Times said magistrate Isabella Barasa ordered the detention of a journalist named Nyandoro for covering open court proceedings.
According to the journalists, a Member of County Assembly (MCA) was about to take plea in the same court when the arrest took place.
The source said there might be an attempt to permanently block media from the case.
The journalists criticized the judiciary, stating that it cannot be the custodian of justice and undermine it at the same time.
“Freedom of the media is being struggled by even the custodians of justice,” the journalists said.
They explained that the MCA’s case was about to start when Barasa ordered the media to step out of the chambers.
“The case was about to start then the magistrate chased media out of the court, then shortly we went back, and it was this second round that she called Nyandoro and detained him,” the Journalists said.
The issue has since been resolved, Nyandoro has been released and journalists allowed back to the court chambers.
Nyandoro Brings Back Debate on Media Freedom
Constitution of Kenya 2010 guarantees freedom of the press to ensure neither the state, political or commercial interests do not interfere with the work of journalists.
Article 34 states that media houses and journalists have the right to operate independently without any restrictions or limitations except for those outlined in Article 33(2).
Additionally, the Constitution protects journalists from being penalized for expressing opinions or disseminating information.
The law emphasizes that all state-owned media must remain impartial and provide fair opportunities for diverse perspectives.
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The media also enjoys freedom of establishment which is subject only to necessary licensing procedures that are free from the influence of government.
Th Judiciary has rules and guidelines regarding the presence of media in courts.
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Covering Court Proceedings in Kenya
The Media Guidelines for Reporting Judiciary is important for transparency and to ensure that media practitioners who cover the court do so in an accurate and responsible manner.
Access and conduct in the courtroom are guided as follows:
- Only media representatives with membership to the Media Council of Kenya (MCK) and duly accreditated by the Judiciary shall be allowed to cover court proceedings and Judiciary events. Evidence of such membership should be produced upon request.
- Media representatives shall occupy designated areas during court proceedings and must be seated 20 minutes before the start of proceedings.
- The media shall be at liberty to use muted communication or word processing equipment in the courtroom.
- Media equipment shall not be installed, moved, or removed from the courtroom while the court is in session.
- Flash photography shall only be permitted at the beginning and end of a court session. In all instances, photography shall not be distractive to proceedings.
- TV journalists should use soft lighting that does not generate heat or have a glaring effect.
- Images that portray judicial officers, litigants, advocates, or the public in an undignified manner shall not be shown.
- Footage from court proceedings shall not be used for political or commercial purposes.
- Media outputs shall not be represented as an official transcript of the court.
- Journalists’ dress code should be decent.
- These rules shall operate in addition to any decisions the courts may make in each case.
- The Judiciary reserves the right to take legal or administrative action against any media house whose journalists violate the above guidelines.
- The Judiciary reserves the right to amend all or some of these regulations.
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