MEDIA GUIDELINES

Reporting the Judiciary

MEDIA GUIDELINES Reporting the Judiciary

2 MEDIA GUIDELINES Reporting the Judiciary
 TABLE OF CONTENTS
Introduction 4

Chapter 1
Media Presence in Court 10
Chapter 2
Media Access to Court Records 14
Chapter 3
Coverage of Public Interest Cases 16
Chapter 4
Delicate Cases 18
Chapter 5
Media Interviews 22
Chapter 6
Avoiding Misreporting 25
Chapter 7
Media Centre 28
Chapter 8
Contacts 30

By being in court, the media brings to the fore the

humanity of court proceedings, bearing witness
to the lasting impact of crime. We report not only
the evidence but the response to the evidence,
along with verdicts and sentencing, that’s why it’s
necessary to be both inside and outside the court.
The media’s coverage of courts shocks, amazes,
educates and engages, it’s never dull.
Former ABC Court Reporter Philippa McDonald

MEDIA GUIDELINES Reporting the Judiciary 3

 INTRODUCTION

The Judiciary is one of the three State organs established under Chapter
10, Article 159 of the Constitution of Kenya, and mandated to administer
justice.

The Judiciary’s operations are spread across 128 court stations

countrywide. Reporters visit these courts daily to cover proceedings.

The courts and tribunals are accountable to the people. According to the
Constitution, they are expected to carry out their business in public and
in a transparent manner. The media is an important agent in the justice
system. It passes information on the Judiciary to the public, this comprises
events such as swearing-in ceremonies, court proceedings, pleadings,
orders, directions, rulings, and judgments.

In some instances, there has been tension between courts and the media
owing to different standpoints, misrepresentation, prejudicial reporting,
little or no access to official court records, which can be attributed to a
lack of clear guidelines within which the media operates.

Various jurisdictions, the world over, have developed court-reporting

guidelines that spell out the conduct of journalists when reporting on
courts and at the same time define their relationship with court officials.

4 MEDIA GUIDELINES Reporting the Judiciary

These guidelines are meant to facilitate coverage while ensuring media
presence does not interfere with court operations, streamline the conduct
of media interaction with courts and how journalists conduct themselves,
handle their equipment, and access court records and case files.

The essence of the guidelines is to ensure that reporting on the Judiciary

assists in ensuring accuracy, timely and seamless flow of information.
This is expected to further open up the Judiciary to the public and
enhance accountability. The guidelines speak to Social Transformation
through Access to Justice (STAJ) which emphasizes the need to enhance
transparency and information sharing to meet the demand for public
involvement.

MEDIA GUIDELINES Reporting the Judiciary 5

 Court Reporting Guidelines: Principles

The principle that justice must not only be done but must be seen
to be done has consistently informed transparency in the post-2010
Constitution. It is against this background that the media guidelines seek
to facilitate journalists in their work and guide court officials based on
the following tenets:

Open Justice: The public should be informed of what happens in

the corridors of justice to enhance accountability,
transparency, integrity and good governance.
Independence: The guidelines do not interfere with the independence
and discretion of the media but instead enhance
seamless coverage of court proceedings and the
activities of the Judiciary.
Sanctity: The guidelines encompass basic tenets to enable media
to carry out its watchdog role in maintaining sanctity of
the courts.
Fairness: The guidelines are anchored on the principles of fairness
and apply in equal measure to all media houses, journalists
as well as individuals and organizations covering the
courts.

6 MEDIA GUIDELINES Reporting the Judiciary

Directorate of Public Affairs and Communication

The Directorate of Public Affairs and Communication (DPAC) was

established to promote awareness, enhance public confidence and
image, and handle Judiciary’s communication needs. Further, DPAC is
responsible for managing publicity by ensuring that the public has access
to information on courts and the Judiciary.

Through managing communication in the Judiciary, the directorate is

guided by a structured approach to inform and educate the public to
promote confidence and build the institution’s image with the ultimate
goal of promoting administration of justice.

Identification of journalists

Identification of media practitioners is key to ensuring that Judiciary

only engages with bonafide media players. The emergence of new media
has brought about challenges to institutions such as the Judiciary
necessitating the identification of media practitioners and hence the need
to allow only accredited media players to cover courts.

MEDIA GUIDELINES Reporting the Judiciary 7

Forms of identification

For a person to be allowed to cover courts and other Judiciary events the
following forms of identification will be required:
1. Media Council of Kenya accreditation
2. National identification card/passport
3. Judiciary Media Accreditation Card

Freelancers, bloggers, interns and students

In order for the Judiciary to permit a person(s) not attached to or employed

by a media house to cover courts and other events, the following forms of
identification will be required:
1. MCK accreditation
2. National identification card/passport
For students/interns, an institution identification and National
identification card/passport will be required.

8 MEDIA GUIDELINES Reporting the Judiciary

 Special accreditation

The Judiciary will from time to time, and on a need basis, issue guidelines
and special accreditation to media practitioners to cover high public
interest cases and special events.

MEDIA GUIDELINES Reporting the Judiciary 9

 MEDIA PRESENCE IN COURT

10 MEDIA GUIDELINES Reporting the Judiciary

MEDIA PRESENCE IN COURT

The presence of media in courts 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

1. 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.
2. Media representatives shall occupy designated areas during court
proceedings and must be seated 20 minutes before the start of
proceedings.
3. The media shall be at liberty to use muted communication or word
processing equipment in the courtroom.
4. Media equipment shall not be installed, moved, or removed from the
courtroom while the court is in session.
5. 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.
6. TV journalists should use soft lighting that does not generate heat or
have a glaring effect.
7. Images that portray judicial officers, litigants, advocates, or the
public in an undignified manner shall not be shown.
8. Footage from court proceedings shall not be used for political or
commercial purposes.
9. Media outputs shall not be represented as an official transcript of
the court.

MEDIA GUIDELINES Reporting the Judiciary 11

 10. Journalists’ dress code should be decent.
11. These rules shall operate in addition to any decisions the courts may
make in each case.
12. The Judiciary reserves the right to take legal or administrative
action against any media house whose journalists violate the above
guidelines.
13. The Judiciary reserves the right to amend all or some of these
regulations

12 MEDIA GUIDELINES Reporting the Judiciary

Coverage of Virtual Courts

Courts have adopted the use of technology in hearing and determining

cases. A virtual court is a platform enabling litigants and other court users
to access court sessions online or remotely.
Such platforms include Teams, GoToMeeting, Zoom, Skype among others.
The principles of open justice and transparency apply to both physical
and virtual courts therefore, accredited media practitioners should be
admitted to cover virtual courts.

Access to Virtual Courts

Upon identification, accredited media practitioners should be given

access to virtual court links.
Any request(s) for recordings and transcription will be made to the court
officials before the hearing.
Judgments and Rulings should be availed to media practitioners on time to
facilitate accurate reporting.

Virtual Court Etiquette

• All microphones to be muted except when addressing the court.

• Join with one device to avoid echo.
• All media practitioners should ensure they work from surroundings
that are not noisy.
• Ensure user name reflects name and media house.
• Avoid logging in using multiple gadgets for the same virtual session.

MEDIA GUIDELINES Reporting the Judiciary 13

 MEDIA ACCESS TO COURT RECORDS

14 MEDIA GUIDELINES Reporting the Judiciary

MEDIA ACCESS TO COURT RECORDS

Access to information is entrenched in the Constitution under Article 35.

Court records constitute public information and the media has a right to
access them as a guardian of public interest.

The media can access case files/court records and public reports subject
to:

1. Filling a perusal form for accountability.

2. Media practitioners may be provided with soft copies of Judgments
and rulings, or may be asked to meet the cost of photocopy.
3. Media practitioners will not be required to pay any fees to access
court documents.

However, taking photos of uncertified court proceedings is prohibited.

MEDIA GUIDELINES Reporting the Judiciary 15

 COVERAGE OF PUBLIC INTEREST CASES

16 MEDIA GUIDELINES Reporting the Judiciary

COVERAGE OF PUBLIC INTEREST CASES

These are cases that impact a wider society and attract huge media
attention such as presidential election petitions or landmark decisions
that require special arrangements to facilitate coverage.

Conduct of journalists during public interest cases

The conduct of media practitioners is enumerated in Chapter 3.
However, they may be required to obtain special accreditation and operate
from designated spaces.

Live coverage
In cases where each media house has its own production, they will be
required to consult with the Directorate of Public Affairs & Communication
(DPAC) for confirmation of space and guidance.

During high public interest cases the Judiciary may request media houses
to pool resources to mount a joint production to leverage on available
space.

Set up for such productions will be done a day before.

MEDIA GUIDELINES Reporting the Judiciary 17

 DELICATE CASES

18 MEDIA GUIDELINES Reporting the Judiciary

DELICATE CASES

These are cases that relate to personal life, health, or safety of individuals
and children or victims of sexual and gender-based violence. When
reporting such cases in the public interest the media should:

1. Exercise caution to avoid breach of privacy as enshrined in Article 31 of

the Constitution.
2. Avoid exposing victims to further harm, putting them at risk or
retraumatization.
3. Always corroborate the accuracy of information from the court records.

a) Children Matters
These are cases where children are in contact or in conflict with the law.
Under the Kenyan law a child is a person below the age of eighteen years.
A child is in contact with the law when he or she needs protection, care,
adoption/guardianship and maintenance while in conflict with the law
when the child has been accused of committing a crime.

When covering children cases:

1. Seek permission from the child, a person closest to the child/parents/
legal guardian and the court.
2. Maintain privacy and confidentiality by obscuring or blurring the image
of a minor accused of being in conflict with the law, a victim of physical
or sexual abuse, or a child diagnosed with an infectious disease.
3. Do not disclose information that may lead the reader/viewer/listener
to identify the minor either through their location, parents or siblings,
or institutions where they frequent or study. Children shall not be
identified whether as victims, witnesses or defendants.

MEDIA GUIDELINES Reporting the Judiciary 19

4. Use code names, pseudo names, or change the names of a minor in all
children’s cases.
5. Corroborate the accuracy of information from the court records.
6. Give both sides of the case an equal chance to tell the story.
7. Do not tell/air a story that puts a minor into ridicule, hate, contempt, or
compromising their future as adults.
8. Where public interest cases are concerned and involve a child, it is
important to focus on the issues and not the individual child.

No matter how newsworthy a story is, whenever in doubt whether a story

will endanger or risk the life or welfare of a child, it is important to either
give just the basics of the case or drop the story altogether.

b) Family Cases
These are cases concerning conflict in or issues within a family setup.
They include succession, divorce, matrimonial property and guardianship
under Mental Health Act.

When covering family cases:

1. Expose the parties only with their express authority or that of the
court unless in cases where public interest overrides privacy rights.
2. Where the court has initialized/heard the parties in private or in
chambers then a media practitioner should not reveal the parties
unless with the consent of the parties or permission from the court.

c) Sexual And Gender-Based Violence cases (SGBV)

These cases involve defilement, rape, incest, indecent assault, gender-
based assault, domestic violence, female genital mutilation among other
gender-based offenses.

20 MEDIA GUIDELINES Reporting the Judiciary

While covering SGBV cases:
1. Always obscure or blur an image of an SGBV victim(s).
2. Do not expose the victims to further harm, put them at risk or
retraumatization.

d) Cases held in camera, protected witnesses and terrorism cases

Media practitioners are not allowed access to court sessions held in
camera. For protected witnesses in terrorism cases and other cases,
media practitioners may cover with express authority from the court.

Media should be careful to verify information and avoid publishing libellous

material. In addition, there are special circumstances where the court
issues specific orders prohibiting coverage of a particular case. The media
should avoid covering such a case.

MEDIA GUIDELINES Reporting the Judiciary 21

 MEDIA INTERVIEWS

22 MEDIA GUIDELINES Reporting the Judiciary

MEDIA INTERVIEWS

All media enquiries or interactions, requests for interviews and

clarifications in the Judiciary should be channeled through the Directorate
of Public Affairs & Communication at the headquarters or the respective
Heads of Stations at court stations.

The Chief Justice, Deputy Chief Justice or Chief Registrar of the Judiciary
may, from time to time, authorize any individual within the institution,
regardless of their rank, to speak to media on specific matters. The officers
will be permitted to speak on specific subjects and not on policy matters.

President Court of Appeal, Principal Judges, Presiding Judges, Judges

chairing Special Committees and Heads of Stations have authority to
address the media but only on matters on the enhancement of service
delivery.

This is encouraged to give the Judiciary a voice, open dialogue channels,

champion special initiatives and demonstrate transformation in a manner
that resonates with the public. However, one must limit their comments
to their area of responsibility. For instance, Heads of Stations while
addressing media should limit their discourse to their particular court.

At the station level, the HOS, with concurrence from the Presiding Judge,
may occasionally authorize any appropriate officer to represent the court
in a local media station. This encourages dialogue with the community
and demystifies the courts. However, such an officer should only address
issues on enhancement of service delivery in their particular court.
All officers interacting with media must familiarize themselves with

MEDIA GUIDELINES Reporting the Judiciary 23

Judiciary’s current strategic priorities.

Employees other than those mentioned above are not permitted to make
statements in the media on behalf of the Judiciary.

24 MEDIA GUIDELINES Reporting the Judiciary

 AVOIDING MISREPORTING

MEDIA GUIDELINES Reporting the Judiciary 25

AVOIDING MISREPORTING

Incidents of misreporting and misrepresentation on courts and individuals

arise from time to time impacting negatively on the image of the institution.
It entails giving a false, distorted or inaccurate account of information that
touches on the Judiciary.

Any misreporting published in the media or social media should

immediately be brought to the attention of the Directorate of Public Affairs
& Communication through email [email protected]

The station / office or individuals should promptly generate a write up

stating the correct position on the misreported issue for the directorate
to take appropriate action which may include seeking corrections and
rejoinders.

Similarly, complaints against the media should be directed to DPAC.

Court-specific social media platforms

The Judiciary operates official social media accounts across various

platforms.

Some court stations and departments have also registered court-

specific social media accounts to enhance engagement with their local
stakeholders.

26 MEDIA GUIDELINES Reporting the Judiciary

Any court station/department that wishes to operate a social media
account should inform DPAC.

All content should be geared towards the improvement of service delivery

and conform to basic media ethics.

The Head of Station/Function head should take responsibility for all

content posted on the social media account.

MEDIA GUIDELINES Reporting the Judiciary 27

 MEDIA CENTRE

28 MEDIA GUIDELINES Reporting the Judiciary

MEDIA CENTRE

Judiciary operates a media centre at the Milimani Law Courts to facilitate

media coverage of courts and enhance media relations.

The following are rules that govern the use of the media centre:
1. Only Judiciary accredited media practitioners shall be allowed access.
2. The equipment in the media centre shall only be used to file court
stories.
3. The media centre will be open from 9 am to 5 pm except in special
circumstances where courts sit outside working hours.
4. Media practitioners shall observe office etiquette.
5. The Judiciary shall not be liable for loss of personal items at the media
centre.
6. Judiciary reserves the right of admission.

MEDIA GUIDELINES Reporting the Judiciary 29

 CONTACTS

30 MEDIA GUIDELINES Reporting the Judiciary

CONTACTS

At the court level, the primary contact regarding access to courts and their
records is the Court Administrator.

Other media enquiries should be channeled through the Directorate of

Public Affairs & Communication.

MEDIA GUIDELINES Reporting the Judiciary 31

32 MEDIA GUIDELINES Reporting the Judiciary